United States · United States Congress · 24 September 1980
Amends the Railroad Retirement Act of 1974 to extend, for one year, cost-of-living increases for railroad employee annuitants and to place related financial interchange between the Railroad Retirement Account and the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund on a current basis (relating to the source or payment of benefits to railroad employee annuitants). Directs the Railroad Retirement Board, by February 15, 1981, to submit to the Senate Committee on Labor and Human Resources and the House Committee on Interstate and Foreign Commerce a report containing: (1) proposals affecting the income received by and the expenditures made from the Railroad Retirement Account; and (2) statements as to the cost impact of each such proposal.
United States · United States Congress · 19 September 1980
Integrated Environmental Assistance Act of 1980 - States that the programs covered by this Act are environmental programs for which the Administrator of the Environmental Protection Agency (EPA) is responsible and which permit or require environmental programs by States, local governments, or interstate agencies under the Clean Air Act, the Safe Drinking Water Act, the Solid Waste Disposal Act, the Toxic Substances Control Act, and the Noise Control Act. Authorizes the Administrator to issue regulations permitting a recipient of assistance to develop, for two or more covered programs, an integrated program plan to: (1) increase program management efficiency and environmental effectiveness; (2) reduce program duplication and overlap; and (3) limit the transfer of such recipient's Federal and non-Federal funds to any covered program. Directs the Administrator to assure that such plans further the objectives of this Act and the covered programs. Authorizes appropriations for supplementary assistance for fiscal years 1982-1986. Directs the Administrator to establish criteria for such assistance, and specifies the minimum considerations for such criteria. Prohibits additional EPA support for any activity funded by supplementary assistance. Directs the Administrator to assure that a State's integrated program plan provides Federal or State funding to any local government given responsibility by a State under such plan. Directs States to consult with local governments and the public in developing such plans. Sets forth administrative provisions relating to maintenance of effort and accountability for expenditures. Directs the Administrator to report to the Congress with recommendations on the programs set up under this Act.
United States · United States Congress · 4 September 1980
Establishes the United States Holocaust Memorial Council which shall: (1) provide and encourage appropriate ways for the Nation to observe the Days of Remembrance to commemorate the holocaust; (2) plan, erect, and oversee the operation of a memorial museum to the victims of the holocaust; and (3) develop a plan for carrying out the recommendations of the report submitted to the President on September 27, 1979, by the President's Commission on the Holocaust. Authorizes the Council to receive public land in the District of Columbia on which it may erect the memorial. Terminates the Council's authority to construct a memorial if the erection of the memorial has not commenced within five years of enactment of this Act and sufficient funds to ensure completion of the memorial have not been certified to be available. Authorizes appropriations to carry out this Act.
United States · United States Congress · 28 August 1980
Amends the Revenue Act of 1978 to extend until January 1, 1983, the period during which individuals who have not been treated as employees by their employers shall not be treated as such for purposes of the employment tax.
United States · United States Congress · 20 August 1980
Declares that the people of Poland should be allowed to settle their own affairs, including the formation of independent trade unions and the right to strike, without foreign interference.
United States · United States Congress · 25 July 1980
Used Oil Recycling Act of 1980 - Amends the Solid Waste Disposal Act to require lubricating oil to be labeled with a statement concerning the recycling of used oil. Requires re-refined oil used as lubricating oil to bear a label stating that such oil is a recycled product. Authorizes the Administrator of the Environmental Protection Agency to make grants to States with solid waste plans to encourage the use of recycled oil, prohibit hazardous uses of used oil, and establish a program for the collection and disposal of oil in a safe manner. Authorizes the Administrator to provide technical assistance to States in removing impediments to the recycling of used oil. Directs the Administrator to promulgate regulations protecting the public health and environment from the hazards of burning used oil. Requires the Administrator to determine and report to Congress on whether used oil ought to be treated as a hazardous waste. Directs the Administrator to study the collection and demand in the used oil industry, and energy savings associated with re-refining used oil.
United States · United States Congress · 24 July 1980
Family Farm Antitrust Act of 1980 - Finds that vertical integration of the agricultural industry by corporations engaged in the processing, distributing and retail industries, and other conglomerate corporations, tends to create monopolies in the agricultural industry and produce unfair competition for family farms, contributing to the decline of rural populations and the consequent crowding of metropolitan centers. Declares it to be the national policy to restore competition to the agricultural industry and to provide for the continuance of the family farm. Provides that no person who is engaged in commerce in a business other than farming and whose nonfarming business assets exceed $5,000,000 shall engage in farming or the production of agricultural products or participate in farming by any means of acquisition or control of another person who is engaged in farming. Specifies exceptions including charitable, educational, or nonprofit institutions, and farmer-owned and controlled cooperatives. Permits the continuation of farming interests by persons otherwise in violation of this Act if such interests are not increased or expanded for the five-year period following enactment of this Act. Sets forth civil penalties for violations of provisions of such Act. Authorizes the Secretary of Agriculture to submit recommendations to the Congress for adjustments to the limitation on nonfarming business assets to reflect changes in economic conditions. Directs the Secretary of Agriculture to acquire at fair market value any property or interest of which a person is required to divest himself under the provisions of this Act if the person is otherwise unable to divest himself of such property.
United States · United States Congress · 22 July 1980
Amends the Railroad Retirement Act of 1974 to extend specified cost-of-living increases for railroad employee annuitants. Amends the Internal Revenue Code (Tax on Employers) to increase the excise tax paid by employers on employees' compensation so as to generate funds to finance such increases. Directs the Railroad Retirement Board, not later than 30 days before the beginning of a calendar year, to determine the account balance-benefit ratio for such calendar year. Directs the Board to publish a notice in the Federal Register of such ratio and of the tax rate applicable under this Act.
United States · United States Congress · 27 June 1980
Amends the Internal Revenue Code to provide homebuilders with an income tax credit for the construction of residences which incorporate a passive solar energy system. Directs the Secretary of the Treasury, after consultation with the Secretaries of Energy and Housing and Urban Development, to prescribe regulations setting forth a solar construction credit table for purposes of determining the amount of the credit for which the incorporator of the solar energy system is eligible. Limits the dollar amount of such credit to $2,000 for calendar years prior to 1986 and phases out the amount of the credit by $500 decrements until 1989 when such credit terminates. Defines "passive solar energy system" as a system which contains a solar collection area, an absorber, a storage mass, a heat distribution method, and heat regulation devices. Requires such system to be installed in a new residence after September 30, 1980 and before January 1, 1989.
United States · United States Congress · 24 June 1980
Amends the Internal Revenue Code to allow a refundable income tax credit for electric utility fuel surcharges incurred by a taxpayer in connection with a trade or business or for electricity used in such taxpayer's principal residence resulting from a shutdown of nuclear power generating facilities.
United States · United States Congress · 12 June 1980
Urban Jobs and Enterprise Zone Act of 1980 - Title I: Designation of Private Jobs and Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of private jobs and enterprise zones, for a ten-year period, by local governments, or by State governments on behalf of local governments subject to the approval of the Secretary of Commerce, for purposes of extending the tax incentives provided by title II of this Act to employers and employees within designated zones. Specifies that the Secretary may only approve the designation of such zones if: (1) the area is within the jurisdiction of the designating local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000, or is an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires designating local governments, as a condition of the Secretary's approval, to effect a permanent real property tax reduction in their respective jurisdictions, which is not less than 20 percent of the current effective rate. Requires any such property tax reduction to be disregarded for the purpose of determining the eligibility of a State or local government for Federal assistance or benefits. Expresses the sense of the Congress that in the case of any application for designation of an area in a private jobs and enterprise zone as a foreign trade zone: (1) the Foreign Trade Zone Board should expedite the application process; (2) the Board, in evaluating such application, should consider not only the current economic conditions within the zone, but also future development to be expected as a result of the incentives provided by this Act; and (3) the Board should provide technical assistance to the applicants. Title II: Tax Incentives - Amends the Internal Revenue Code to reduce social security payroll taxes in designated private jobs and enterprise zones. States that such tax rate reductions shall not affect an individual's eligibility for social security benefits. Appropriates to the Federal Disability and Hospital Insurance Trust Funds general revenue amounts equivalent to the amount by which such taxes are reduced. Reduces the rate of tax on the capital gains of individuals and corporations in such zones. Exempts gain from the sale or exchange of property used in a business in a private jobs and enterprise zone from the computation of the minimum tax. Reduces the rate of tax on the income of corporations whose workforce comprises at least 50 percent of individuals working in a private jobs and enterprise zone (qualifying businesses). Authorizes accelerated depreciation for qualifying businesses (straight line method based on a three year useful life). Limits the basis for depreciation to $500,000. Allows a full investment tax credit for such property despite election of such accelerated depreciation. Permits qualifying businesses to elect to use a cash method of accounting if their gross receipts do not exceed $1,500,000 in any prior taxable year. Allows a ten year carryover of net operating losses for qualifying businesses. Title III: Effective Date - Specifies effective dates for provisions of this Act which apply to income tax, provisions which apply to social security payroll taxes, and provisions which apply to tax procedure and administration.
United States · United States Congress · 9 June 1980
Extends the congratulations of the Congress to the Order of the Sons of Italy in America for their 75th anniversary. Proclaims Sunday, June 22, 1980, as "National Italian-American Day."
United States · United States Congress · 4 June 1980
Amends the Internal Revenue Code to impose on the sale by the manufacturer, producer, or importer of each light gauge steel drum a tax equal to 20 percent of the price for which each drum is sold.
United States · United States Congress · 29 May 1980
Extends the congratulations of the House of Representatives to members of the 1980 handicapped Olympic team and recognizes specified organizations for their efforts in producing the second winter Olympics for the physically handicapped.
United States · United States Congress · 14 May 1980
Authorizes and requests the President to designate the seven-day period beginning October 5, 1980, as "National Port Week." Directs the Secretary of Commerce to report annually to Congress on the conditions of U.S. public ports.
United States · United States Congress · 8 May 1980
National Tourism Policy Act - Title I: National Tourism Policy - Declares that the purpose of this title is to establish a cooperative effort between the Federal Government, States, regions, and local governments and other concerned public and private organizations to implement a national tourism policy. Title II: National Tourism Policy Council - Establishes the National Tourism Policy Council as an independent entity within the executive branch to be the principal coordinating body for policies, programs, and issues relating to tourism, recreation, or national heritage conservation involving Federal departments, agencies, or other entities. Requires the Council to establish such policy committees as it considers necessary and appropriate which shall be designed to: (1) monitor a specific area of Federal government activity; and (2) review and evaluate the relation of the policies and activities of the Federal government in that specific area to tourism, recreation, and national heritage conservation in the United States. Directs each policy committee to review and comment on Federal agency program and planning documents that will have substantial effect on tourism, recreation, and national heritage conservation and that are appropriate to such committee's functional responsibilities and agency representation. Directs the National Tourism Policy Council to submit annual reports to the President for transmittal to the Congress regarding: (1) the activities of the Council and its policy committees; (2) the results of Council efforts to coordinate the policies and programs of member agencies that have a significant effect on tourism, recreation, and national heritage conservation, and to resolve interagency conflicts; (3) an analysis of problems referred to the Council along with a detailed statement of actions taken or anticipated to be taken to resolve such problems; and (4) such recommendations as the Council deems appropriate. Title III - United States Tourism Planning and Implementing Board - Establishes, as an independent entity in the executive branch, a United States Tourism Planning and Implementing Board to develop a comprehensive and detailed marketing and implementation plan to stimulate and promote tourism to the United States by residents of foreign countries. Requires the Board, within one year after the date of enactment of this Act, to submit such plan to Congress and specified Congressional committees. Title IV: Amendments to the International Travel Act - Amends the International Travel Act of 1961 to direct the United States Travel Service, headed by an Assistant Secretary of Commerce for Tourism, to report directly to the Under Secretary for International Trade as well as the Secretary of Commerce. Extends the authorization of appropriations to carry out the purposes of such Act. Authorizes the Secretary of Commerce to provide financial assistance to a region of not less than two States or portions of two States to assist in the implementation of a regional tourism promotional and marketing program. Declares that any such program shall serve as a demonstration project for future program development for regional tourism promotion. Extends until September 30, 1981, the time limit for the reduction in the number of employees of the United States Travel Service.
United States · United States Congress · 8 May 1980
Amends the Regional Rail Reorganization Act of 1973 to authorize to be appropriated to the United States Railway Association such sums as are necessary for purposes of covering its administrative expenses. Directs that such sums are to remain available until expended.
United States · United States Congress · 8 May 1980
Amends the Communications Act of 1934 to require the Federal Communications Commission to distribute licenses for very high frequency commercial television broadcasting stations to ensure that each State will have at least one such station.
United States · United States Congress · 1 May 1980
Rail Act of 1980 - Declares that the goals of this Act are: (1) to assist in rehabilitating the Nation's rail system to meet the demands of interstate commerce and national defense; (2) to reform Federal regulatory policy so as to preserve a safe and efficient rail system; (3) to assist the rail system to remain viable in the private sector of the economy; (4) to provide a regulatory process that balances the needs of carriers, shippers, and the public; and (5) to assist in the rehabilitation and financing of the rail system. Title I: Rail Transportation Policy - Amends the Interstate Commerce Act to set forth the policy of the United States in regulating the railroad industry, including: (1) establishment of reasonable rates through competition and demand for services; (2) minimum use of Federal regulatory control; (3) promotion of a safe and efficient rail transportation system by allowing rail carriers to earn an adequate rate of return; and (4) to provide rate regulation where there is an absence of effective competition. Title II: Railroad Rates, Profits, and Reinvestment - Authorizes a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission to establish reasonable rates for transportation or other services. Directs that a shipper who challenges such rate shall have the burden of proving that such rate is unreasonable or that there is no effective competition. Removes such rail rates from the standards of the Interstate Commerce Act. Requires the Commission, within 90 days after the commencement of a rate challenge, to determine whether effective competition exists with respect to the transportation to which the rate applies. Grants jurisdiction to the Commission to determine whether such rate is reasonable if there is no effective competition. Directs the Commission to annually determine the cost recovery percentage of the transportation of all traffic received by rail carrier for transportation. Reduces from seven to four months the time allotted to the Commission to complete a proceeding and make a final decision concerning proposals for a rate, classification, rule, or practice. Prohibits the Commission from suspending such proposals during such proceeding except under specified circumstances. Alters the time period during which the Commission shall require a rail carrier to account for all amounts received under such proposed rate increase. Authorizes one or more rail carriers to enter into a contract with one or more purchasers of rail services to provide specified services under specified rates and conditions. Directs such contract to be filed with the Commission. Sets forth procedures by which: (1) the Commission shall review and approve such contract; and (2) a complaint may be filed by a shipper or other complainant. Directs the Commission to permit the establishment of tariffs under which rates may be raised or lowered, between established maximum and minimum levels, in response to expected or actual fluctuations in demand for rail service. Repeals provisions of such Act concerning incentives for capital investment by rail carriers. Permits a rail carrier to establish, by written declaration or agreement, limited liability rates for the transportation of property. Permits such declaration or agreement to provide for specified amounts to be deducted from any claim against the carrier. Directs that differences between rates, classifications, rules, and practices of rail carriers providing transportation subject to the jurisdiction of the Commission do not constitute a violation of this Act if such differences result from different services provided by rail carriers. Exempts specified surcharges and rates from the above provision. Directs the Commission to exempt a person, class of persons, or a transaction or service related to rail carrier transportation under specified circumstances. Sets forth procedures for the establishment and revocation of such exemptions. Prohibits the Commission from authorizing intermodal ownership that is otherwise prohibited by this Act. Grants the Commission exclusive and unrestricted authority to prescribe an intrastate rate for transportation provided by a rail carrier subject to the jurisdiction of the Commission. Prohibits a rail carrier, until December 31, 1981, from increasing any rate by more than ten percent, in addition to inflation, in any year. Exempts certain surcharges and rates from such prohibition. Authorizes the Commission, on a semiannual basis beginning in 1983, to prescribe a percentage rate increase or index for rail carriers in order to compensate for inflationary cost increases. Sets forth provisions by which each rail carrier shall notify the Commission of any rate from which such carrier intends to be excluded. Authorizes the Secretary of Transportation, on the basis of inspections of the track, physical facilities, and operations of a rail carrier, to notify the Commission that such carrier: (1) does not meet the safety requirements of applicable Federal statutes; and (2) is not maintained and operated in a manner which protects the health and safety of the public or of railroad employees. Authorizes the Commission to review the financial arrangements of such carrier and prohibit further financial transactions until the safety deficiencies of such carrier have been remedied. Directs the Commission to submit an annual report to Congress setting forth its findings concerning subsidiary rail carriers involved in specified financial transactions with their parent companies. Title III: Railroad Inter-Carrier Practices - Authorizes a rail carrier, for three years from the date of enactment of this Act, to apply to a joint rate a surcharge increasing or decreasing a through route charge. Sets forth a division of revenues for joint fares among the carriers involved. Sets forth other remedies available to carriers concerning the application of such surcharge. Requires only the carrier proposing a surcharge to defend such surcharge. Authorizes a carrier to publish surcharges applicable to traffic originating or terminating upon any of its lines of railroad under specified conditions. Sets forth criteria for the unilateral cancellation of a joint rate by a carrier. Directs a carrier applying such surcharge or canceling such joint rate to file a tariff with the Commission. Directs the Commission, upon request of participating rail carriers, to make available the variable costs of the carrier applying such surcharge or cancellation. Sets forth criteria for determining such variable costs. Directs the Commission, by January 1, 1984, to promulgate rules necessary to allow rail carriers to establish rates in the manner required by this Act. Directs the Commission, by January 1, 1983, if it is unable to promulgate such rules, to report to Congress its recommendations for appropriate legislative or administrative action. Prohibits, generally, an organization established or continued under a rate agreement (a "rate bureau") from permitting a carrier: (1) to discuss rates; (2) to participate in agreements related to rates; or (3) to vote on rates except with a carrier which forms part of a particular single route. Requires that, in a proceeding in which it is alleged that a carrier was a party to an agreement, conspiracy, or combination in violation of Federal or State law, the party making such allegation shall have the burden of proving the same by clear and convincing evidence. Directs the rate bureau involved to keep transcripts or sound recordings of all meetings. Requires that records of votes be made. Directs that such records and transcripts or recordings be submitted to the Commission and made available to other Federal agencies as needed. Exempts from the antitrust laws, agreements between rail carriers which solely provide for the compilation, publication, and distribution of rates in effect or which are to become effective. Directs the Commission to require rail carrier members of a rate bureau to provide certain employees of such bureau with fair employment arrangements no less protective of the interests of such employees than those established by the Interstate Commerce Act. Prohibits a carrier from charging or receiving more compensation for the transportation of property or passengers: (1) for a shorter distance than for a longer distance over the same line in the same direction; or (2) under a through rate than under the total of the intermediate rates it may charge, when the Commission determines that there is actual or potential competition between a rail and water service or route and anticompetitive behavior must be averted. Prohibits a rail carrier from blocking the construction or extension of a rail line by another carrier by refusing to permit that carrier to cross its property if: (1) the construction does not unreasonably interfere with the operation of the crossed line; (2) the operation does not materially interfere with the operation of the crossed line; and (3) the owner of the crossing line compensates the owner of the crossed line. Authorizes either party to a disputed matter to submit such matter to the Commission for determination. Authorizes the Commission to require rail carriers to enter into reciprocal switching agreements where it finds such agreements to be practicable and in the public interest. Directs the Commission to establish conditions and compensation applicable to such agreements if the carriers are unable to agree on same. Repeals the provision granting payments for the emergency use of freight cars. Directs the Commission to increase the rate of compensation for the use of such cars so as to attract capital investment in them. Authorizes a rail carrier or other entity to file with the Commission a request for negotiation as regards: (1) compensation for use by any rail carrier of rolling stock owned by any entity other than a carrier; or (2) the setting of demurrage rates. Sets forth procedures for such negotiations. Exempts such negotiations from the antitrust laws under specified conditions. Limits to 30 days the time during which the Commission is authorized to take action due to an emergency (equipment shortage, traffic congestion, etc.) in order to promote service in the interest of the public and of commerce. Authorizes the Commission to approve a consolidation, merger, or acquisition of control involving a rail carrier on application of the person seeking such action. Sets forth procedures and conditions of approval for such transactions. Exempts such transactions from the National Environmental Policy Act and the Energy Policy Conservation Act. Directs that, in authorizing any abandonment of a railroad line, a court shall require the rail carrier involved to provide employee protection at least as protective as that established under the Act. Title IV: Railroad Cost Determinations - Authorizes the Commission to prescribe a uniform accounting system for classes of carriers providing, and brokers for, transportation subject to the jurisdiction of the Commission. Establishes a Railroad Accounting Standards Board which shall be within and responsible to the legislative branch of the Federal Government. Sets forth: (1) the terms of office; (2) membership; (3) duties; and (4) expiration date of such Board. Directs the Commission to promulgate rules to enforce cost accounting standards established by the Board. Sets forth procedures for Commission certification of accounting systems used by rail carriers. Directs the Board to submit reports to Congress within two years of the date of enactment of this Act. Specifies penalties for violations of such cost accounting standards. Title V: Railroad Modernization and Restructuring Assistance - Directs the Secretary of Transportation to provide transitional financial assistance which facilitates: (1) restructuring of railroad facilities; (2) improved asset and manpower utilization; and (3) self-supporting shipper-operated or State-operated rail lines. Directs the Secretary annually to report to Congress listing the specific Federal assistance provided the railroad industry during that fiscal year. Directs the Commission, under specified circumstances, to require an abandoning carrier to sell its property at net liquidation value, as established by the Commission. Sets forth criteria under which such sale may occur. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to authorize the Secretary to provide financial assistance to any railroad or subsidiary of a railroad to pay the cost of restructuring its facilities, including related labor protection costs, and acquiring securities pursuant to a restructuring. Directs the Secretary to make such assistance available through repayable credits constituting a debt or equity financing. Directs the Secretary to provide such assistance by purchasing either a fixed debt obligation issued by a railroad or senior preferred stock. Prescribes terms and conditions for the purchase of such obligation or stock. Sets forth options to be used by the Secretary in the case of default. Directs a railroad or subsidiary which applies for such assistance to submit a restructuring plan to the Secretary. Directs the Secretary to establish regulations governing the content of such plan. Authorizes the appropriation, for fiscal years 1980 through 1984, of such sums as are necessary, not to exceed $1,475,000,000, to provide such assistance. Directs that no less than five percent of such sum shall be available for the purchase or rehabilitation of feeder lines. Extends to September 30, 1982, the authority for redeemable preference share financing. Makes conforming and technical amendments to the Railroad Revitalization and Regulatory Reform Act of 1976. Title VI: ConRail Title V Labor Protection - Amends the Regional Rail Reorganization Act of 1973 to grant, to protected employees, a monthly displacement allowance for any calendar month within the period identified in such Act in which the employee is deprived of employment or is adversely affected with respect to compensation. Sets forth provisions for payment of such allowance. Specifies the duration of the monthly displacement allowance. Sets forth provisions for training and transfer of employees. Permits ConRail to offer a vacant position to not more than four protected non-contract employees. Directs ConRail to give such position to the protected employee accepting transfer whom ConRail considers to be best qualified for the particular position involved. Directs ConRail, the United States Railway Association, replacement operators, and acquiring railroads, as the case may be, to pay the allowances, expenses, and costs provided protected employees under such Act. Directs the Railroad Retirement Board to reimburse ConRail, the Association, replacement operators, and acquiring railroads for such allowances, expenses, and costs up to an aggregate sum of $485,000,000. Limits the aggregate amount of such reimbursement to $180,000,000. Authorizes an annual appropriation of up to $485,000,000. Directs ConRail, the Association, replacement operators, and acquiring railroads to pay benefits otherwise reimbursable upon the exhaustion of such authorization. Authorizes appropriations for administrative expenses incurred by the Railroad Retirement Board and the Association. Directs the Association to: (1) audit the payment of benefits under such Act; and (2) report annually to Congress and the President. Sets forth technical amendments to the Regional Rail Reorganization Act of 1973. Title VII: Supplemental Transactions - Directs the Secretary to develop proposals, on an as needed basis, for further restructuring of rail properties through transactions supplemental to the final system plan. Sets forth the criteria to be used in developing such proposal. Directs the Association to analyze and comment to the Secretary on such proposal. Directs the Commission: (1) to comment to the Secretary on such proposal; (2) to afford interested parties the opportunity to comment; and (3) to approve such proposal within 120 days after receipt or it shall be deemed to have been approved. Directs the Secretary to determine whether to petition the Special Court for the approval of the proposal. Sets forth the action to be taken by such Court on such proposal. Redefines the term "fair and equitable" as used in this Act. Title VIII: Miscellaneous Provisions - Directs that this Act shall take effect on October 1, 1980, except as otherwise provided. Exempts applications for consolidation, merger, or acquisition of control involving a rail carrier which are filed with the Commission before January 1, 1981, from provisions of this Act.
United States · United States Congress · 22 April 1980
Hazardous Materials Transportation and Independent Safety Board Amendments of 1980 - Amends the Hazardous Materials Transportation Act to authorize appropriations to carry out the provisions of such Act for fiscal years 1981, 1982, and 1983. Authorizes the Secretary of Transportation to enter into a contract with a private entity for the use of a supplemental reporting system and data center to provide specified individuals with information concerning the transportation of hazardous materials. Amends the Independent Safety Board Act of 1974 to authorize appropriations for the purposes of such Act for fiscal years 1981, 1982, and 1983. Directs that such sums shall remain available until expended. Includes aviation incidents under requirements binding on persons reporting such incidents subject to the National Transportation Safety Board's investigatory jurisdiction. Specifies that any properly credentialed employee of the Board, in investigating a transportation accident, may take custody of any materials determined to be required for the purpose of the investigation.
United States · United States Congress · 22 April 1980
Federal Railroad Safety Authorization Act of 1980 - Amends the Federal Railroad Safety Act of 1970 (Act) to authorize appropriations for fiscal years 1981 and 1982. Allocates such appropriations to specified services and activities. Authorizes the Secretary of Transportation to impose such restrictions or prohibitions as may be necessary to abate an emergency situation involving a hazard of death or injury. Directs that such an order cease to be effective after 30 days unless extended in writing by the Secretary. Authorizes any employee who may be injured by such hazard to bring an action for a writ of mandamus if the Secretary arbitrarily fails to seek such relief. Authorizes the appropriate State agency to apply to a United States district court with jurisdiction for injunctive relief or for assessment and collection of a civil penalty for the violation of any railroad safety rule or order. Authorizes the Secretary of Transportation to issue orders directing compliance with the statutes and regulations regarding railroad safety transferred to the Secretary's responsibility under the Department of Transportation Act. Grants jurisdiction, upon petition by the Attorney General, to the district courts to enforce any order issued by the Secretary pursuant to such Act or to this Act. Prescribes criminal penalties for specified violations of the Act. Extends venue in such cases to include the judicial district in which the defendant has its principal executive office. Amends the Act to prohibit any railroad from discharging or discriminating against any railroad employee because such employee becomes involved in any enforcement action against such railroad. Directs the Secretary to issue such rules and regulations as are necessary to protect employees who refuse to work under hazardous conditions presenting a danger of death or serious injury. Amends the Act to prohibit Federal employees with authority to recommend or approve any personnel action from discriminating for or against any employee of or person applying for employment in one of three specified agencies on the basis of that person's collective reemployment rights or from requiring that such person relinquish those rights as a condition of employment. Establishes pay classifications for a railroad safety inspector and a railroad safety specialist. Amends the Hours of Service Act of 1907 to extend: (1) venue in specified cases to include the judicial district in which the defendant has its principal executive office; and (2) the statute of limitations if administrative notice is given pursuant to the Federal Claims Collection Act within two years from the date of the violation. Amends the Locomotive Inspection Act of 1911 to direct each carrier to keep on file the report of all required locomotive inspections and the report showing the repair of the defects disclosed by such an inspection. Directs the Secretary of Transportation to develop a methodology to determine safety inspection schedules, with priority granted to track and equipment involved with passenger trains and hazardous cargoes. Directs the Secretary to report to the House of Representatives and the Senate setting forth such methodology.
United States · United States Congress · 22 April 1980
Rail Act of 1980 - Declares that the goals of this Act are: (1) to assist in rehabilitating the Nation's rail system to meet the demands of interstate commerce and national defense; (2) to reform Federal regulatory policy so as to preserve a safe and efficient rail system; (3) to assist the rail system to remain viable in the private sector of the economy; (4) to provide a regulatory process that balances the needs of carriers, shippers, and the public; and (5) to assist in the rehabilitation and financing of the rail system. Title I: Rail Transportation Policy - Amends the Interstate Commerce Act to set forth the policy of the United States in regulating the railroad industry, including: (1) establishment of reasonable rates through competition and demand for services; (2) minimum use of Federal regulatory control; (3) promotion of a safe and efficient rail transportation system by allowing rail carriers to earn an adequate rate of return; and (4) to provide rate regulation where there is an absence of effective competition. Title II: Railroad Rates, Profits, and Reinvestment - Authorizes a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission to establish reasonable rates for transportation or other services. Directs that a shipper who challenges such rate shall have the burden of proving that such rate is unreasonable or that there is no effective competition. Removes such rail rates from the standards of the Interstate Commerce Act. Requires the Commission, within 90 days after the commencement of a rate challenge, to determine whether effective competition exists with respect to the transportation to which the rate applies. Grants jurisdiction to the Commission to determine whether such rate is reasonable if there is no effective competition. Directs the Commission to annually determine the cost recovery percentage of the transportation of all traffic received by rail carrier for transportation. Reduces from seven to four months the time allotted to the Commission to complete a proceeding and make a final decision concerning proposals for a rate, classification, rule, or practice. Prohibits the Commission from suspending such proposals during such proceeding except under specified circumstances. Alters the time period during which the Commission shall require a rail carrier to account for all amounts received under such proposed rate increase. Authorizes one or more rail carriers to enter into a contract with one or more purchasers of rail services to provide specified services under specified rates and conditions. Directs such contract to be filed with the Commission. Sets forth procedures by which: (1) the Commission shall review and approve such contract; and (2) a complaint may be filed by a shipper or other complainant. Directs the Commission to permit the establishment of tariffs under which rates may be raised or lowered, between established maximum and minimum levels, in response to expected or actual fluctuations in demand for rail service. Repeals provisions of such Act concerning incentives for capital investment by rail carriers. Permits a rail carrier to establish, by written declaration or agreement, limited liability rates for the transportation of property. Permits such declaration or agreement to provide for specified amounts to be deducted from any claim against the carrier. Directs that differences between rates, classifications, rules, and practices of rail carriers providing transportation subject to the jurisdiction of the Commission do not constitute a violation of this Act if such differences result from different services provided by rail carriers. Exempts specified surcharges and rates from the above provision. Directs the Commission to exempt a person, class of persons, or a transaction or service related to rail carrier transportation under specified circumstances. Sets forth procedures for the establishment and revocation of such exemptions. Grants the Commission exclusive and unrestricted authority to prescribe an intrastate rate for transportation provided by a rail carrier subject to the jurisdiction of the Commission. Prohibits a rail carrier, until December 31, 1981, from increasing any rate by more than ten percent, in addition to inflation, in any year. Exempts certain surcharges and rates from such prohibition. Authorizes the Commission, on a semiannual basis beginning in 1983, to prescribe a percentage rate increase or index for rail carriers in order to compensate for inflationary cost increases. Sets forth provisions by which each rail carrier shall notify the Commission of any rate from which such carrier intends to be excluded. Authorizes the Commission to review the financial arrangements of rail carriers and prohibit further financial transactions until the safety deficiencies of such carrier have been remedied. Authorizes the Secretary of Transportation, on the basis of inspections of the track, physical facilities, and operations of a rail carrier, to notify the Commission that such carrier: (1) does not meet the safety requirements of applicable Federal statutes; (2) is not maintained and operated in a manner which protects the health and safety of the public or of railroad employees; and (3) fails to supply limited deferred maintenance which impairs the ability of the carrier to provide safe and reliable service. Title III: Railroad Inter-Carrier Practices - Authorizes any participating rail carrier, effective January 1, 1981, to cancel any joint rate which applies a uniform rate to a destination area covering a geographical region with a radius of more than 100 miles. Authorizes a rail carrier, for three years from the date of enactment of this Act, to apply to a joint rate a surcharge increasing or decreasing a through route charge. Sets forth a division of revenues for joint fares among the carriers involved. Sets forth other remedies available to carriers concerning the application of such surcharge. Requires only the carrier proposing a surcharge to defend such surcharge. Authorizes a carrier to publish surcharges applicable to traffic originating or terminating upon any of its lines of railroad under specified conditions. Sets forth criteria for the unilateral cancellation of a joint rate by a carrier. Directs a carrier applying such surcharge or canceling such joint rate to file a tariff with the Commission. Directs the Commission, upon request of participating rail carriers, to make available the variable costs of the carrier applying such surcharge or cancellation. Sets forth criteria for determining such variable costs. Directs the Commission, by January 1, 1984, to promulgate rules necessary to allow rail carriers to establish rates in the manner required by this Act. Directs the Commission, by January 1, 1983, if it is unable to promulgate such rules, to report to Congress its recommendations for appropriate legislative or administrative action. Prohibits, generally, an organization established or continued under a rate agreement (a "rate bureau") from permitting a carrier: (1) to discuss rates; (2) to participate in agreements related to rates; or (3) to vote on rates except with a carrier which forms part of a particular single route. Requires that, in a proceeding in which it is alleged that a carrier was a party to an agreement, conspiracy, or combination in violation of Federal or State law, the party making such allegation shall have the burden of proving the same by clear and convincing evidence. Directs the rate bureau involved to keep transcripts or sound recordings of all meetings and to make records of votes. Directs that such records and transcripts or recordings be submitted to the Commission and made available to other Federal agencies as needed. Exempts from the antitrust laws agreements between rail carriers which solely provide for the compilation, publication, and distribution of rates in effect or to become effective. Directs the Commission to require rail carrier members of a rate bureau to provide certain employees of such bureau with fair employment arrangements no less protective of the interests of such employees than those established by the Interstate Commerce Act. Prohibits a rail carrier from blocking the construction or extension of a rail line by another carrier by refusing to permit that carrier to cross its property if: (1) the construction does not unreasonably interfere with the operation of the crossed line; (2) the operation does not materially interfere with the operation of the crossed line; and (3) the owner of the crossing line compensates the owner of the crossed line. Authorizes either party to a disputed matter to submit such matter to the Commission for determination. Authorizes the Commission to require rail carriers to enter into reciprocal switching agreements where it finds such agreements to be practicable and in the public interest. Directs the Commission to establish conditions and compensation applicable to such agreements if the carriers are unable to agree on same. Repeals the provision granting payments for the emergency use of freight cars. Directs the Commission to increase the rate of compensation for the use of such cars so as to attract capital investment in them. Authorizes a rail carrier or other entity to file with the Commission a request for negotiation as regards: (1) compensation for use by any rail carrier of rolling stock owned by any entity other than a carrier; or (2) the setting of demurrage rates. Sets forth procedures for such negotiations. Exempts such negotiations from the antitrust laws under specified conditions. Limits to 30 days the time during which the Commission is authorized to take action due to an emergency (equipment shortage, traffic congestion, etc.) in order to promote service in the interest of the public and of commerce. Authorizes the Commission to approve a consolidation, merger, or acquisition of control involving a rail carrier on application of the person seeking such action. Sets forth procedures and conditions of approval for such transactions. Exempts such transactions from the National Environmental Policy Act and the Energy Policy Conservation Act. Directs that, in authorizing any abandonment of a railroad line, a court shall require the rail carrier involved to provide employee protection at least as protective as that established under such Act. Title IV: Railroad Cost Determinations - Authorizes the Commission to prescribe a uniform accounting system for classes of carriers providing, and brokers for, transportation subject to the jurisdiction of the Commission. Establishes a Railroad Accounting Standards Board which shall be within and responsible to the legislative branch of the Federal Government. Sets forth: (1) the terms of office; (2) membership; (3) duties; and (4) expiration date of such Board. Directs the Commission to promulgate rules to enforce cost accounting standards established by the Board. Sets forth procedures for Commission certification of accounting systems used by rail carriers. Directs the Board to submit reports to Congress within two years of the date of enactment of this Act. Specifies penalties for violation of such cost accounting standards. Title V: Railroad Modernization and Restructuring Assistance - Directs the Secretary of Transportation to provide transitional financial assistance which facilitates: (1) restructuring of railroad facilities; (2) improved asset and manpower utilization; and (3) self-supporting shipper-operated or State-operated rail lines. Directs the Secretary annually to report to Congress listing the specific Federal assistance provided the railroad industry during that fiscal year. Directs the Commission, under specified circumstances, to require an abandoning carrier to sell its property at net liquidation value, as established by the Commission. Sets forth criteria under which such sale may occur. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to authorize the Secretary to provide financial assistance to any class I railroad or subsidiary of a railroad to pay the cost of restructuring its facilities, including related labor protection costs, and acquiring securities pursuant to a restructuring. Directs the Secretary to provide such assistance by purchasing: (1) a fixed debt obligation issued by a railroad or, alternatively; (2) senior preferred stock. Prescribes terms and conditions for the purchase of such obligation or stock. Sets forth options to be used by the Secretary in the case of default. Directs a railroad or subsidiary which applies for such assistance to submit a restructuring plan to the Secretary. Directs the Secretary to establish regulations governing the content of such plan. Authorizes the Secretary to provide financial assistance to any class I railroad to cover up to 100 percent of such railroad's payments to any eligible employee or former employee to whom the railroad is obligated to make payments under a labor-management agreement which the Secretary determines will significantly improve manpower effectiveness. Directs that such financial assistance shall be by purchase of a fixed debt obligation, including a trustee certificate. Authorizes the appropriation, for fiscal years 1980 through 1984, of such sums as are necessary, not to exceed $1,475,000,000, to provide such assistance. Directs that: (1) no more than $275,000,000 shall be used for the payment of specified related labor protection costs; and (2) no less than five percent of such sum shall be available for the purchase or rehabilitation of feeder lines. Makes conforming and technical amendments to the Railroad Revitalization and Regulatory Reform Act of 1976. Title VI: ConRail Title V Labor Protection - Amends the Regional Rail Reorganization Act of 1973 to grant, to protected employees, a monthly displacement allowance for any calendar month within the period identified in such Act in which the employee is deprived of employment or is adversely affected with respect to compensation. Sets forth provisions for payment of such allowance. Specifies the duration of the monthly displacement allowance. Sets forth provisions for training and transfer of employees. Permits ConRail to offer a vacant position to not more than four protected non-contract employees. Directs ConRail to give such position to the protected employee accepting transfer whom ConRail considers to be best qualified for the particular position involved. Directs ConRail, the United States Railway Association, replacement operators, and acquiring railroads, as the case may be, to pay the allowances, expenses, and costs provided protected employees under such Act. Directs the Railroad Retirement Board to reimburse ConRail, the Association, replacement operators, and acquiring railroads for such allowances, expenses, and costs up to an aggregate sum of $485,000,000. Limits the aggregate amount of such reimbursement to $180,000,000. Authorizes an annual appropriation of up to $485,000,000. Directs ConRail, the Association, replacement operators, and acquiring railroads to pay benefits otherwise reimbursable upon the exhaustion of such authorization. Authorizes appropriations for administrative expenses incurred by the Railroad Retirement Board and the Association. Directs the Association to: (1) audit the payment of benefits under such Act, including the manner in which ConRail manages the overtime worked by maintenance-of-way employees; and (2) report annually to Congress and the President. Sets forth technical amendments to the Regional Rail Reorganization Act of 1973. Title VII: Supplemental Transactions - Directs the Secretary to develop proposals, on an as needed basis, for further restructuring of rail properties through transactions supplemental to the final system plan. Sets forth the criteria to be used in developing such proposal. Directs the Association to analyze and comment to the Secretary on such proposal. Directs the Commission: (1) to comment to the Secretary on such proposal; (2) to afford interested parties the opportunity to comment; and (3) to approve such proposal within 120 days after receipt or it shall be deemed to have been approved. Directs the Secretary to determine whether to petition the Special Court for the approval of the proposal. Sets forth the action to be taken by such Court on such proposal. Redefines the term "fair and equitable" as used in this Act.
United States · United States Congress · 2 April 1980
Rail Passenger Service Improvement Act of 1980 - Amends the Rail Passenger Service Act to require the establishment of standards of ontime performance for National Railroad Passenger Corporation (Amtrak) trains which travel over the lines of other railroads. Sets forth penalties to be paid by the railroads which own such lines for failure to meet such standards. Defines "ontime performance" for the purposes of this Act. Directs the Secretary of Transportation to establish the most expeditious schedules possible for any route of which a portion is maintained or improved through the use of Federal financial assistance. Directs that the requirements of this Act be incorporated in an operating and compensation arrangement covering the operation of trains for Amtrak as established by the Interstate Commerce Commission under such Act. Declares that nothing contained in this Act shall preclude or supercede an agreement between Amtrak and a railroad for payment of specified incentives for ontime operation of Amtrak trains. Excludes from the provisions of this Act the operation of a train which is governed by specified contractual provisions. Directs the Federal Railway Administration (FRA) to determine, in prescribed terms and within specified time parameters, the condition and degree of deterioration of tracks over which scheduled Amtrak service is operated. Directs the FRA to order the owning railroad, at its own expense, to repair deteriorated track to the condition which existed on November 1, 1979, or to a specified higher condition. Sets forth civil penalties for failure to comply with such order. Directs the Secretary, under specified conditions, to order a railroad within 60 days to permit or provide requested operation of Amtrak trains over such railroad's lines on schedules based upon the fastest legally permissible operating speeds. Directs the Secretary, in establishing such scheduled running times, to consider the statutory goal that Amtrak shall implement schedules which will attain a systemwide average speed of at least 55 miles per hour. Prescribes that the compensation payable by Amtrak to such railroad shall be established pursuant to an agreement between Amtrak and such railroad, or, alternatively, by the Commission. Directs the conductor of every Amtrak train to identify and log the incidence and cause of each delay of more than five minutes in each trip of such trains. Allows authorized Amtrak representatives access to such logs. Sets forth criminal penalties for willful destruction or falsification of such logs. Directs the Secretary to revise or eliminate specified speed restrictions imposed by a State or a political subdivision thereof upon trains operating through or within such State. Sets forth guidelines under which the Secretary shall make such review. Amends the Internal Revenue Code to entitle railroads which make improvements to their rail lines and associated facilities for use by Amtrak to a ten percent tax credit. Prescribes methods by which such credit shall be calculated. Allows such railroads to carryback or carryover such credit for a specified period. Directs the Secretary of the Treasury to promulgate regulations defining: (1) the rail lines and associated facilities; (2) the improvements; and (3) the expenditures which qualify for such credit.
United States · United States Congress · 2 April 1980
Hazardous Waste Containment Act of 1980 - Provides that nothing in this Act or in any amendment made to this Act shall apply to oil or other pollution of navigable waters. Amends the Solid Waste Disposal Act to require owners or operators of hazardous waste treatment, storage, or disposal sites to provide specified information to the relevant State and local officials or to the Administrator of the Environmental Protection Agency. Authorizes the Administrator or the State in which the site is located to secure such information from such owners or operators, former or subsequent owners or operators of the site, or generators or transporters of hazardous waste, if such owners or operators fail to comply with information requirements or offer inadequate information. Requires States to undertake continuing programs to compile, publish, and submit to the Administrator inventories containing such information for each inactive waste site within the State. Directs the Administrator to: (1) carry out such inventories when there is inadequate State compliance; compile a national inventory of all hazardous waste sites; and (3) report to the appropriate committees of Congress such inventory and an analysis thereof, with an annual update. Authorizes the Administrator to make grants to States to carry out such inventory programs. Authorizes appropriations for such purpose for fiscal year 1981. Requires that each State establish annual priorities among the inactive hazardous waste sites in that State which present, or may present, a substantial threat to public health or the environment. Requires that such priorities be: (1) established according to regulations promulgated by the Administrator; and (2) consistent with the National Hazardous Waste Response Plan ("the Plan"). Directs the Administrator to establish and annually revise national priorities, based upon the relative danger to public health and the environment, among the inactive hazardous waste sites throughout the U.S. which are releasing, or present a substantial threat of releasing, hazardous waste. Refers to the 100 inactive hazardous waste sites designated as representing the greatest danger as top priority sites. Requires owners of inactive hazardous waste sites to monitor releases and immediately notify the Administrator and State and local authorities of threats to the public health or the environment. Authorizes the Administrator to require sellers or former owners or operators of such sites to carry out such requirements. Provides for specified immunity with regard to such information and other specified information received pursuant to this Act. Prohibits the destruction of records relating to compliance with this Act. Authorizes the Administrator to take emergency response actions, or require specified persons to take such actions, if neither State, local government, nor any other person takes necessary immediate actions to prevent, minimize, or mitigate any harm to public health or the environment associated with a release or substantial threat of release of hazardous waste. Authorizes the Administrator to relocate, contain, and clean up hazardous waste at or associated with any hazardous waste site which may present an unreasonable risk to public health or the environment. Directs the Administrator not to exercise such authority upon determination that the responsible party or the State or local government concerned will take the action referred to in this paragraph. Authorizes the Administrator to provide assistance to State and local governments and to take such action, or assist other Federal agencies in taking actions as are deemed necessary to protect health and the environment from hazards associated with conditions similar to, but not immediately identifiable as, a release of hazardous waste into the environment in any manner which may present an unreasonable risk to public health or the environment. Specifies that such assistance may be rendered and actions taken even where the Administrator is unable to immediately determine the applicability of any Federal law other than this Act or the existence of any authority to take remedial action with respect to such conditions. Requires the Administrator or such other Federal agency or instrumentality to reimburse the Fund established under this Act for amounts expended for emergency assistance or actions where it is determined that such action taken or assistance provided is authorized under any authority of law other than this Act. Prohibits the Administrator from exercising such authority to engage in or order the transportation and offsite disposition of hazardous waste unless such offsite activity is: (1) less expensive than onsite disposition; (2) essential to protect the public health or safety or the environment; or (3) carried out at a facility where substantial new capacity has been established at such levels as may be necessary to accommodate specified types and amounts of hazardous waste. Authorizes the Administrator to provide equipment and other items to establish and maintain damage assessment and response capabilities of Federal, State and local strike forces, or other emergency response teams, established in conformity with the plan. Limits to $5,000,000 in any fiscal year that portion of specified available funds which may be used for research and development to improve hazardous waste cleanup and containment technologies in order to ultimately reduce response and containment costs at inactive hazardous waste sites. Grants specified entry, inspection, and other authorities to anyone ordered or authorized by the Administrator to take any action under the hazardous waste response program. Defines "responsible party" to mean, with respect to any inactive hazardous waste site, any person who: (1) owned or operated such site as of November 1, 1979, or at the time it was utilized for the treatment, storage, or disposal of any unregulated hazardous waste; or (2) generated any such waste treated, stored, or disposed of at such site. Provides for the apportionment of costs among responsible parties. Directs the President to issue a National Hazardous Waste Response Plan after appropriate public review and public hearings are completed. Sets forth the components of such plan, and requires that hazardous waste removal and containment and emergency assistance for releases of such waste shall be in accordance with such plan. Requires that such plan set forth recommended methods, procedures, criteria, and equipment for handling released hazardous waste. Limits the Federal share of the cost of actions taken by the Administrator under this Act to 90 percent of the total cost of such actions; except in cases of federally owned or operated sites or of expenditures below $500,000 for any one site. Establishes in the United States Treasury a Hazardous Waste Response Fund to finance emergency response, removal, containment, cleanup, and other actions authorized by this Act, including administrative and personnel costs. Authorizes appropriations for fiscal years 1981 through 1984 for such fund. Includes in such fund: (1) fees collected under this Act; (2) damage payments received for liability for hazardous waste releases; (3) reimbursements for emergency assistance or for the costs of actions taken for removal, containment, or cleanup of hazardous waste releases; (4) penalties assessed under this Act; and (5) amounts authorized to be appropriated. Imposes fees to be set by the Administrator on: (1) suppliers of petrochemical feedstocks; (2) suppliers of inorganic elements and compounds; and (3) refiners and exporters of crude oil. Specifies the aggregate amounts of fees imposed under this Act which are to be collected from such parties. Authorizes the Administrator to reduce such fees upon determination that any such feedstock, element, or compound is derived from the waste stream of a production process or from recycled materials. Imposes civil penalties for the failure or refusal to pay such fees. Prohibits any court from staying such fee regulations or modifications pending completion of judicial review. Prohibits any discharge, escape, injection, spilling, pouring, emitting, leaching, pumping, or other transfer of hazardous waste at or from any inactive hazardous waste site to any land, air, or water if such transfer presents an unreasonable risk to public health or the environment unless such activity is: (1) permitted by the terms of specified permits issued under such Act; (2) carried out pursuant to this Act; or (3) otherwise authorized or permitted by Federal law. Authorizes the Administrator to commence a civil action against any person to impose a civil penalty for violation of regulations issued under this Act of up to $10,000 for single violations, and $250,000 for willful and knowing violations. Authorizes the Administrator to issue abatement orders or to seek equitable relief in the event of hazardous waste releases endangering or threatening to endanger public health or safety. States that the United States district courts shall have jurisdiction to grant such relief. Authorizes criminal fines and/or imprisonment for violations of specified notification requirements or of the prohibition against destruction of records under this Act. Imposes strict liability upon any person causing or contributing to the release or threatened release of hazardous waste into the environment, except where such releases are caused solely by an act of God or an act of war, negligence on the part of the Federal Government, or an act or omission of a third party if the defendant exercised due care. Specifies the damages and costs for which such person shall be liable and states that such liability shall be to the governmental entity which incurred costs relating to removal, containment, emergency assistance or other actions, and to persons who sustained damages for personal injury, injury to property, and economic loss resulting from such release or threatened release. Stipulates that nothing in this Act shall affect the liability of any person under any other law except that the amount recovered under such other laws shall reduce the amount recoverable under this Act. Directs the Administrator to conduct a study of hazardous waste siting, with specified inclusions, and report the results to the appropriate committees of Congress. Authorizes appropriations to carry out such study. Directs the President to submit an annual report on the hazardous waste response fund to such committees. Directs the Administrator to study, and submit a comprehensive report to such committees on the experience with the implementation of the amendments made by this Act, with recommendations for any necessary legislative changes.
United States · United States Congress · 26 March 1980
Extends from January 1, 1977, to January 1, 1978, the income tax exclusion for subsistence allowances paid to State police officers. Extends from April 15, 1979 until one year after the date of enactment of this Act: (1) the period for electing such tax exclusion; and (2) the period for applying for any refund or credit for overpayment of taxes which was prevented by law or rule of law prior to this Act.
United States · United States Congress · 25 March 1980
Amends the Internal Revenue Code to allow a credit against income tax for one-third of the amount of local earned income taxes paid by individuals who are not residents of the local governmental area. Disallows any deduction for such taxes by any person who takes advantage of such credit.
United States · United States Congress · 24 March 1980
Omnibus Maritime Regulatory Reform, Revitalization, and Reorganization Act of 1980 - Title I: Findings and Purposes - Declares that the purposes of this Act are to: (1) promote the foreign commerce of the United States; (2) develop and maintain an efficient and competitive ocean transportation system capable of carrying a substantial portion of America's imports and exports; (3) provide for the national security; (4) ensure a unified and consistent national maritime policy; and (5) ensure that United States-flag vessels are fairly and reciprocally treated in international trade. Title II: Regulation of International Ocean Shipping - Exempts from the antitrust laws certain loyalty contracts between or among ocean common carriers, certain activities of shippers' councils, specified agreements regarding transportation between foreign countries that do not involve import or export of goods into or out of the United States, and agreements to be performed entirely within a foreign country. Authorizes ocean common carriers, conferences, or others subject to this title to: (1) discuss, fix, and agree upon rates, surcharges, and accommodations; (2) pool or apportion earnings, losses, or traffic; (3) allot ports or otherwise regulate the number and character of sailings between ports; (4) regulate the volume or character of cargo or passenger traffic to be carried; (5) engage in various working arrangements; (6) enter into agreements to regulate competition; and (7) limit conference membership. Sets forth requirements pertaining to loyalty contracts utilized by ocean carriers or conferences of carriers with shippers or consignees. Authorizes shippers' councils to negotiate with any ocean common carrier or conference regarding rates, practices, and terms and conditions of service and to exchange information with such carriers or conferences concerning traffic and transportation data. Provides that nothing in this title shall restrict the powers of an association organized under the Export Trade Act of 1918. Requires that agreements made among ocean carriers or conferences or with shippers' councils be filed with the Federal Maritime Commission which in turn, shall publish such notice of such filing in the Federal Register. Sets forth rules governing the activities of ocean carrier conferences, including: (1) reasonable notice to the appropriate shippers' councils of any proposed rate changes; (2) a right of independent action for any member of a conference agreement or for any conference serving different trades that would otherwise be naturally competitive; (3) an independent neutral body to monitor compliance; (4) a consultation process between shippers' councils and conferences to exchange information and resolve disputes; (5) conditions for admission and readmission to conference membership; (6) the opportunity to withdraw from membership without penalty; (7) commercially reasonable criteria for limitations on membership; and (8) a description, in any agreement filed under this Act, of the proposed changes in allotting ports or regulating sailings between ports. Requires shippers' councils to: (1) establish a consultation process between shippers and conferences; (2) commercially resolve disputes; and (3) cooperate in curbing malpractice. Declares that agreements between conferences and shippers' councils shall become effective within 60 days after filing with the Commission. Authorizes the Commission to suspend such effective date at its discretion for up to 180 days. Sets forth the conditions under which the Commission may disapprove or modify any such agreement. Directs the Commission to issue a final decision on any complaint within 180 days or, for cause, within an additional 60 days. States that such agreement shall go into effect as filed if such final decision is not issued within the 180 day period or by the end of any extension period. Authorizes the Commission, if it determines that it is unable to issue a final order within such period or extension due to willful delays directly attributable to either a proponent or a complainant, to approve or disapprove the agreement solely on the basis of such delays. Sets forth requirements relating to the filing and public accessibility of ocean carrier, conference, or nonvessel operating tariffs. Directs that increases in existing rates may not become effective earlier than 30 days after filing with the Commission unless the Commission allows otherwise. States that a rate change which decreases a shipper's cost may become effective upon such filing. Authorizes the Commission to permit an ocean carrier or conference to refund a portion of freight charges collected from a shipper to correct an error in the rate charged. Prohibits any ocean common carrier that is controlled by a government under whose registry such carrier operates from maintaining rates below a level which is just and reasonable. Places the burden of proving that such tariff is just and reasonable on the controlled carrier involved. Sets forth factors which the Commission may consider in determining whether the rates of such a controlled carrier are just and reasonable, including whether: (1) the rates are below a level which is fully compensatory to the controlled carrier; (2) the rates are the same as or similar to those charged by other carriers in the same trade; (3) the rates are required to assure movement of particular cargo in the trade; or (4) the rates are required to maintain acceptable service to or from affected ports. Requires a controlled carrier, upon the request of the Commission, to file a statement of justification of its existing rates or proposed rates. Authorizes the Commission to suspend a controlled carrier's rate pending a determination of its lawfulness. Requires the Commission to transmit to the President any order of suspension or final order of disapproval of a controlled carrier's rates. Grants the President the authority to require the Commission to stay such order for national defense or foreign policy reasons. Sets forth exemptions with respect to the controlled carrier regulations contained in this Act. Prohibits any person from acting as an ocean freight forwarder or nonvessel operating common carrier unless the person has been issued a license by the Commission. Creates a procedure for such licensing. Directs an ocean carrier to compensate an ocean freight forwarder in connection with any cargo shipment dispatched on behalf of others only when such forwarder has performed specified services. Sets forth guidelines under which such compensation is to be paid. Prohibits specified acts by ocean common carriers including rebates, rate discrimination, and retaliation against shippers. Sets forth the powers of the Commission and procedures to be followed with respect to adjudication proceedings under this title. Sets forth penalties for violations of this title. Authorizes the Commission to modify or remit any such penalty. Authorizes the Commission to exempt any specified activity or class of agreements between ocean carriers or other persons subject to this title from any requirement of this title. Directs that orders of the Commission relating to violations of this title or to regulations issued hereunder shall be made only after opportunity for hearing. Sets forth guidelines concerning the reversal, suspension, and enforcement of such orders. Repeals the Shipping Act of 1916. Title III: Amendments to the Merchant Marine Act, 1936 - Amends the Merchant Marine Act, 1936 to declare that the policy of the United States shall be to have an efficient and competitive merchant marine, owned and operated under the United States flag, capable of carrying its domestic commerce and a substantial portion of its foreign commerce and to have an efficient and competitive shipbuilding capacity that is sufficient to satisfy the needs of national security. Directs the Secretary of Commerce, in consultation with the Secretary of State, to attempt to eliminate through negotiation the adverse effects of a foreign nation's reservation of all or a portion of the cargoes moving in its waterborne commerce for its national-flag carriers. Directs the Secretary of Commerce to conclude, if necessary, an intergovernmental maritime agreement with such a nation to protect the interests of United States-flag carriers. Specifies required provisions in such an agreement. Grants specified powers to the Secretary of Commerce, including authority: (1) to achieve the goal that United States-flag vessels carry 50 percent or more of the liner and bulk cargoes of the United States' foreign commerce; (2) to ensure the capacity of shipyards necessary for national security; and (3) to meet with the Secretary of the Navy, and others, and to annually submit a report to the President and the Congress of their activities and recommendations. Establishes within the Department of Commerce an Under Secretary for Maritime Policy (the Under Secretary). Modifies the construction- differential subsidy and cost of national defense features incident to the construction or reconditioning of ships to include those costs essential to maintaining a shipyard mobilization base. Authorizes the appropriation of such sums as may be necessary to insure the existence of a competitive privately owned United States-flag fleet and the maintenance on a continuing basis of such mobilization base. Directs the Secretary of Commerce to investigate and keep current records of shipyards, related industrial production facilities, and skilled manpower available to same. Allows any citizen of the United States to make application to elect a per diem subsidy for certain vessels exclusively engaged in the bulk trades instead of a construction-differential subsidy or an operating-differential subsidy. Authorizes the Secretary to enter into a contract, with specified restrictions, for the payment of such per diem subsidy. Sets forth in detail the components of such subsidy. Revises the construction-differential subsidy program under such Act to make vessels which are to be used in international trade (previously only foreign trade) eligible for such subsidies. Prohibits the payment of such a subsidy unless the Secretary certifies that he has considered the standards established by the Secretary of the Navy. Reduces such subsidy unless the vessel involved is part of an existing or future vessel series as determined by the Secretary of Commerce. Directs the Secretary of the Navy to establish standards relating to the equipment and specifications for vessels so that they will be suitable for use by the United States for national defense or military purposes. Allows an owner or charterer of a vessel: (1) built in a United States' shipyard; (2) documented under United States laws; and (3) operated in the foreign commerce of the United States, or a United States shipyard to apply for a construction-differential subsidy to make such vessel at least 15 percent more energy efficient. Authorizes the Secretary of Commerce to enter into specified contracts for such reconditioning. Requires that materials used in such reconditioning be of United States origin. Redefines such a reconditioned vessel as a "new vessel" and reduces by ten years the age of such vessel for the purposes of this Act. Repeals the termination date for the construction-differential subsidy program. Directs that the price of constructing a vessel in a foreign shipyard shall reflect the lower price to the vessel owner. Authorizes the Secretary to pay in excess of the approved construction-differential subsidy if ship construction necessary to sustain the shipyard mobilization base level will not be undertaken during the fiscal year. Revises the duties of the Secretary of Commerce and the Secretary of Defense as regards the shipbuilding and ship repair capacity of the United States. Sets forth criteria for the assessment of such capacity. Reduces the duration of documentation of a completed vessel. Grants the Secretary of Commerce an option to purchase such vessel for national defense purposes. Allows a ship purchaser operating with an operating-differential subsidy to negotiate with regard to vessel specifications with foreign or domestic shipyards upon application to the Secretary. Specifies steps to be taken by the Secretary in granting such subsidy. Directs such purchaser to accept the lowest price proposal offered by a United States shipyard if such subsidy is granted. Allows such purchaser to contract with a foreign shipyard if such subsidy is not granted. Removes the competitive bidding requirement for the construction of vessels receiving such a subsidy at United States' shipyards. Sets forth requirements as to which materials used in constructing subsidized vessels may be of foreign origin or must be of United States origin. Directs the owner of a subsidized vessel to agree that such vessel shall be operated exclusively in (1) the foreign commerce of the United States; (2) international trade; or (3) on a round-the-world voyage or other specified round voyages. Allows the Secretary to approve the temporary transfer of such vessel to service other than the service covered by such agreement. Requires the owner of such a vessel to pay a prescribed amount for such transfer. Defines the "useful life of the vessel" as 25 years from the date of delivery. Authorizes the Secretary to sell a vessel from the reserve fleet for commercial use to a U.S. citizen. Directs the Secretary of Transportation to report his recommendations to Congress concerning the elimination of unnecessary requirements or procedures used by vessel classification societies. Prohibits the Secretary of Commerce from approving, unless specified conditions are met, the application of a U.S. citizen for financial aid in the operation of certain vessels. Directs the Secretary, in considering application for subsidies under this Act, to provide shipping services on a nondiscriminatory basis. Sets forth eligibility requirements for operating-differential subsidies for vessels in specified trade or service. Specifies amounts to be paid by the Secretary for such subsidies or in lieu thereof. Disallows such subsidies for a vessel exclusively engaged in domestic trade. Directs the Secretary to develop, keep, and publish cargo forecasts for essential trade routes. Sets forth provisions for subsidizing additional United States-flag sailings. Permits an operator receiving such subsidy to make specified replacements, transfers, or exchanges under his contract. Directs the recipient of an operating-differential subsidy ("the contractor") to conduct his operations in an economical and efficient manner. Allows a contractor to suspend such subsidy contract for not less than 12 months. Sets forth requirements under which such subsidy may be paid. Prohibits certain subsidized contractors, charterers, affiliates thereof, and specified employees from owning or operating specified foreign-flag vessels which compete with a United States-flag vessel providing essential service. Directs the Secretary to assure that any subsidized contractor who also owns foreign-flag vessels uses subsidy funds only to support United States-flag vessels. Directs that at least 50 percent of materials procured by the United States which may be transported on ocean vessels shall be transported on certain United States-flag commercial vessels. Directs each department or agency to develop an affirmative plan of action to achieve the above objective. Sets forth requirements for such plans and for their approval by the Secretary. Prohibits operators from repairing a vessel in a foreign country except in an emergency which renders the vessel incapable of reaching the United States or Puerto Rico for such repairs. Directs the Secretary to determine whether such repairs were performed pursuant to this title and to levy a duty on such operator if they were not. Defines, for purposes of this Act, a citizen of the United States. Prohibits, generally, the transfer of a vessel to any person not a citizen of the United States. Directs the Secretary to investigate and examine the: (1) cost and operation of merchant vessels in the United States and foreign countries; (2) construction methods and rules under which vessels are constructed; (3) subject of marine insurance; and (4) navigation laws of the United States, and to make recommendations for their revision. Authorizes the Secretary of the Treasury to refuse clearance to a vessel under specified circumstances. Prohibits specified activities during a war or national emergency without the approval of the Secretary of Commerce. Orders that any vessel or related facility transferred in violation of this Act shall be forfeited to the United States. Declares that in any action to enforce such forfeiture, the criminal conviction of any person for a violation thereof with respect to the subject of the forfeiture shall constitute prima facie evidence of such violation against the person so convicted. Specifies penalties for violation of this Act. Designates the Secretary of Commerce as a preferred creditor under a preferred ship mortgage as defined in the Ship Mortgage Act of 1920. Repeals the termination date for the provision of war-risk insurance by the Secretary to United States vessels. Title IV: Tax Title - Amends the Merchant Marine Act of 1936 to include in the amount deposited in the capital construction fund income attributable to the ownership or sale of an eligible agreement vessel and the insurance proceeds attributable to such vessel. Redefines the term "eligible vessel" to include only vessels operated in international trade, the foreign or domestic commerce of the United States, or the fisheries of the United States. Amends the Internal Revenue Code regarding the applicable percentage of basis used in the case of certain vessels. Redefines the useful life of specified progress expenditure property. Increases to 100 percent the investment credit for certain vessels. Sets forth guidelines for the depreciation of expenditures for specified vessels. Title V: Miscellaneous - Repeals a specified provision of the Merchant Marine Act of 1920. Amends the Intercoastal Shipping Act, 1933, to require that rates and charges for certain barging of containerized cargo between points in the United States be filed with the Federal Maritime Commission. Directs the Federal Maritime Commission to promulgate rules governing such barge operations. Directs every common carrier by water in interstate commerce to observe reasonable rates, charges, and tariffs and reasonable regulations and practices in the transportation or storage of property. Directs such carriers to file with the Commission the maximum rates and charges for its services. Prohibits a carrier from collecting an amount in excess of such filed rates and charges except with the approval of the Commission. Empowers the Commission to set such rates if a carrier fails to do so.
United States · United States Congress · 18 March 1980
Title I: Rail Passenger Corridors - Passenger Railroad Rebuilding Act of 1980 - Declares that it is the purpose of this title to provide for the development of high-speed intercity rail passenger service in corridors throughout the United States. Extends by at least four years the deadline under the Railroad Revitalization and Regulatory Reform Act of 1976 (the Act) for the establishment of specified rail passenger service between Boston and New York, and between New York and Washington, D.C. Adds as a new goal of the Act, the elimination of congestion in rail traffic at the Baltimore and Potomac Tunnel in Baltimore, Maryland. Increases from $1,600,000,000 to $2,322,000,000 the authorization of appropriations for the Boston-Washington, D.C. passenger service required by the Act. Directs the Secretary of Transportation to consult with the Secretary of Housing and Urban Development, the Secretary of Commerce, and other Federal officials, to utilize Federal funds to assist and encourage public and private redevelopment in the vicinity of urban rail stations on the Northeast Corridor. Requires the Secretaries to report on such activities to the Congress within one year after the date of enactment of this Act. Authorizes the Secretary of Transportation to acquire any interest in real estate which the Secretary considers necessary to effectuate the goals of this Act. Authorizes the Secretary to enter into agreements with cost-sharing State, local, or regional transportation authorities, providing for the Secretary to carry out such improvements and require reimbursement by the cost-sharing parties. Authorizes the Secretary to transfer to the National Railroad Passenger Corporation excess real or personal property from the Northeast Corridor improvement project. Requires property so transferred to be subject to the mortgage entered into pursuant to the Act. Declares that it shall be a goal of the Corporation to manage its operating costs, pricing policies, and other factors so that, beginning at a specified time, annual revenues derived from the operation of intercity rail passenger service over the Northeast Corridor route between Washington, D.C., and Boston, Massachusetts, shall equal or exceed the annual operating costs of providing such service. Requires the Corporation, within a specified time, to submit to the President for transmission to the Congress a report on the success of the Corporation in meeting the goal of this Act. Directs the Secretary and the Corporation, within 90 days after the date of enactment of this Act, to agree on the reallocation to the Corporation of authority and responsibility as regards the contracting of construction related to Northeast Corridor track improvements. Requires the Secretary, by a specified date, to transfer to the Corporation all authority and responsibility for carrying out the Northeast Corridor improvement project and implementing the goals of this Act. Amends the Rail Passenger Service Act to provide for $500,000 to be expended for the purchase of a self-propelled single car for 50 to 60 passengers for the purpose of demonstrating the feasibility of developing feeder service to basic system service and State subsidized service. Directs the Secretary, under such Act, to develop a method for evaluating 13 specified rail passenger corridors. Requires such evaluation method to determine which of such corridors: (1) have the greatest potential for attracting riders; (2) have the greatest potential for reducing energy consumption; and (3) are capable of providing the most cost-effective rail passenger service. Specifies factors that the Secretary shall consider in making such evaluation. Orders the Secretary, within 45 days after the date of enactment of this Act, to submit the proposed evaluation method to both Houses of Congress, and to specified Congressional Committees. Sets forth time limits and requirements for approval of the proposed evaluation method. Requires the Secretary to submit an annual report to the Congress evaluating the extension of certain rail passenger corridors and describing additional rail passenger corridors that are cost-effective and will attract riders. Directs the Secretary to use the method developed under this Act to evaluate the named corridors. Directs the Secretary to compile a ranking of such corridors and submit it to the Corporation. Directs the Corporation to develop design and engineering plans for those corridors which have the greatest potential to attract riders and reduce energy consumption, and which are capable of providing the most cost-effective rail passenger service. Requires the Corporation to submit, by February 15, 1981, a report to both Houses of Congress on each corridor for which a design and engineering plan has been developed. Prescribes certain information to be included in such report. Directs the Corporation, the Secretary, appropriate officials of each State in such corridors, and the rail carriers that own tracks and facilities to be used in providing passenger service, to cooperate with each other in preparing design and engineering plans under this Act. Authorizes the Corporation to apply to the Secretary for assistance in obtaining such cooperation from rail carriers. Excludes from such plans information with respect to station improvements. Directs the Corporation to acquire the necessary equipment for purposes of providing rail passenger service in corridors listed in this Act. Directs the Secretary to reimburse any State for ten percent of the amount such State expends for capital upgrading and design and engineering work in any corridor listed in this Act. Directs the Secretary to encourage the private sector development of potential rail passenger corridors. Sets forth measures to be taken by the Corporation to streamline private development of rail passenger corridors. Directs the Corporation, under certain conditions, to undertake improvements in service between corridors in order to maximize ridership. Directs the Corporation to identify restrictions imposed by a State or local government on the speed of Amtrak trains and to consult with such governments for purposes of evaluating alternatives to such restrictions. Authorizes the appropriation, out of certain funds in the Windfall Profit Tax Account, established by the Windfall Profit Tax Act of 1980, of: (1) up to $55,000,000 for fiscal year 1981 for development of design and engineering plans and for State reimbursements; (2) up to $50,000,000 for fiscal year 1981 for the acquisition of equipment; and (3) up to $850,000,000, to be available beginning with fiscal year 1982 for the implementation of specifically authorized corridor improvement projects. Authorizes the appropriation, out of funds available under the Railroad Revitalization and Regulatory Reform Act of 1976, of up to $200,000,000 for fiscal year 1981 for private sector development. Authorizes such amounts to remain available until expended. Directs the Consolidated Rail Corporation (ConRail) to make payments of benefits in accordance with the employee protection provisions of the Regional Rail Reorganization Act of 1973. Prohibits the United States Railway Association from withholding any funds from ConRail as a result of such payments. Title II: Rock Island Railroad Employee Assistance - Rock Island Railroad Employee Assistance Act - Provides for priority hiring of Rock Island Railroad employees by other railroads so long as it does not interfere with other carriers' equal employment obligations. Specifies that the rights afforded to Rock Island Railroad employees by this Act shall be coequal to the rights afforded to Chicago, Milwaukee, Saint Paul and Pacific Railroad Company employees under the Milwaukee Railroad Restructuring Act. Prescribes methods by which the Rock Island Railroad and labor organizations representing the employees of such railroad may enter into an agreement on labor protection for employees adversely affected as a result of a reduction in service by such railroad. Directs the parties, if they are unable to enter into an employee protection agreement within such period, to immediately submit the matter to the Interstate Commerce Commission. Requires that within 30 days after the date of enactment of this Act, the Commission shall impose upon the parties an arrangement with respect to employee protection, unless the Rock Island Railroad and the authorized representatives of its employees have entered into a labor protection agreement. Directs the court having jurisdiction over the reorganization of the Rock Island Railroad to direct the Railroad's trustee and the labor organizations representing the employees of the Railroad, to implement any employee protection arrangement imposed by the Commission. Provides that any order of the Commission or of such reorganization court entered pursuant to such an agreement may not be stayed by the Commission or by any court and is appealable directly to an appropriate United States circuit court of appeals. Requires that such appeals shall be filed within five days after entry of the Commission's order, and that the court shall finally determine any such appeal within 60 days after it is filed. Prohibits any other court from reviewing such a determination by the court of appeals. Requires that employee benefit or allowance claims under such agreements be filed with the Railroad Retirement Board. Directs the Board to determine the amount for which an employee is eligible and to certify such amount to the Rock Island Railroad for payment. Amends the Railroad Retirement Act of 1974 to direct the Secretary of Health and Human Services (formerly the Secretary of Health, Education, and Welfare) to make specified records available to the Board. Requires the Board to prepare lists of employees separated from employment to be made available on request to other rail carriers, and to maintain such lists through December 31, 1984. Allows an employee who elects to receive a separation allowance from the Rock Island Railroad under an employee protection agreement to receive from the Board reasonable expenses for training for new career opportunities. Sets forth eligibility requirements for such assistance. Prohibits any such assistance after April 1, 1984. Provides, generally, that an employee who receives assistance under an employee protection agreement or an arrangement entered into pursuant to this Act shall be deemed to waive any employee protection benefits otherwise available to such employee under the Bankruptcy Act or any other applicable contract or agreement. Amends the Milwaukee Railroad Restructuring Act to authorize the appropriation of $1,500,000 for new career training assistance beginning in fiscal year 1981. Authorizes the appropriation of $1,000,000 to the Board for fiscal year 1981 to cover administrative expenses. Directs the Secretary of Transportation to guarantee obligations, not to exceed $75,000,000, of the Rock Island Railroad for purposes of providing employee protection. Orders such obligations to be treated as administrative expenses of the estate of the Rock Island Railroad. Limits to $75,000,000 the aggregate unpaid principal amount of obligations which may be guaranteed by the Secretary. Limits to $75,000,000 the total liability of the Rock Island Railroad in connection with benefits and allowances provided under employee protection agreements or arrangements entered into under this Act. Directs the Commission to order directed service over any line of the Rock Island Railroad during a transportation emergency or during the pendency of an application for the purchase of such line. Orders the Secretary to make available $4,000,000 to the Commission for such directed service. Requires such funds to be made available out of funds appropriated to implement the Railroad Revitalization and Regulatory Reform Act of 1976 or such other previously appropriated funds as the Secretary deems appropriate. Directs the Commission to order directed service, for two years, over commuter lines of the Rock Island Railroad in operation on March 1, 1980. Orders that such commuter lines over which directed service is provided may not be abandoned, and service over such lines may not be discontinued, during the period of such directed service. Prohibits, for the 45 day period beginning on the date of enactment of this Act, any rail line or facility of the Rock Island Railroad which has been approved for abandonment by the Commission from being downgraded, scrapped, or otherwise disposed of without the approval of the Secretary. Directs the Secretary to grant such approval under certain conditions. Directs the Commission to give proceedings involving the Rock Island Railroad preference over other pending proceedings related to rail carriers, and to make all of its decisions at the earliest practicable time. Continues in effect for the duration of the temporary emergency operating authority with the carrier providing temporary emergency service substituting for the trustee, the terms of compensation for all trackage rights, joint facilities, and similar arrangements between other carriers and the trustee of the Rock Island Railroad, which are in effect on portions of specified lines of the Rock Island Railroad. Directs that such continuation shall not alter or affect the rights of other rail carriers nor prejudice the ultimate determination of any controversy or proceeding concerning certain rights of the parties. Amends Federal law as regards temporary operating approval granted to carriers substituting for carriers unable to transport traffic originally offered to them. Directs such amendments to apply to any application for approval of a transaction that is pending before the Commission on the date of the enactment of this Act or filed thereafter. Directs the Board to publish, within 45 days after the date of enactment of this Act, and make available for distribution by the Rock Island Railroad to all eligible employees, a document which describes in detail the rights of such employees.
United States · United States Congress · 13 March 1980
Atlantic City-Philadelphia Passenger Railroad Improvement Act of 1980 - Declares that regular rail passenger service between Atlantic City, New Jersey, and Philadelphia, Pennsylvania, would bestow economic and energy-saving benefits on the area with minimal cost to the taxpayer. Directs the Secretary of Transportation to encourage the private sector development of the rail passenger corridor between Atlantic City, New Jersey, and Philadelphia, Pennsylvania. Directs the Secretary to: (1) cooperate with specified bodies to remove institutional and legal barriers to such private development; (2) ensure that investment of Federal funds in contiguous corridors is coordinated with privately developed corridors; and (3) coordinate the investment of Federal funds with other government and private funds for nonoperational improvements. Directs the Secretary to report on such actions to Congress by February 15, 1981. Authorizes an appropriation for the purposes of this Act for fiscal year 1981.
United States · United States Congress · 12 March 1980
Expresses the sense of Congress that school authorities and college and university administrators should consider strengthening the study of foreign languages and cultures through appropriate actions.
United States · United States Congress · 11 March 1980
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to include within the coverage of those titles services rendered by a nurse-midwife. Defines the term "nurse-midwife" to mean a registered nurse who has successfully completed a prescribed course of study or who has been certified by a recognized organization, and who performs services in the area of the management of the care of mothers and babies throughout the maternity cycle.
United States · United States Congress · 11 March 1980
Entitles any individual covered by a Federal health benefits program which provides payment for the services of a nurse-midwife, to unrestricted selection of, and access to, such nurse-midwife.
United States · United States Congress · 6 March 1980
Small Business Motor Fuel Marketer Preservation Act of 1980 - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make loans to small businesses acquiring gas stations from a refiner. Makes it unlawful for a refiner, other than an independent or small refiner, to operate a gas station in the United States. Requires a refiner, in disposing of any interest in such a station, to offer a right of first refusal to the dealer at such station. Sets forth the requirements for such an offer. Makes it unlawful for a refiner to: (1) exceed specified annual sales limitations in any State (requires the Federal Trade Commission to determine specified limitation formulas); and (2) sell motor fuel at any time at any point of transfer at different prices (except for price differentials which reflect manufacturing, sale, or delivery differences). Stipulates that a refiner shall: (1) be in violation of this Act if such refiner withholds available motor fuel from a purchaser and then resells such fuel at a lower price to refiner-operated stations; and (2) not be prevented from charging a uniform surcharge in connection with a sale of motor fuel as consideration for the purchaser's use of a refiner's trademark or other such identifying symbol. Makes it unlawful for any person to interfere in any way with the purchasing, selling, or storing of motor fuel by a dealer. Makes it unlawful for any dealer at a station displaying a trademark or identifying symbol of a particular refiner to sell motor fuel not refined by such refiner without providing notice to purchasers. Requires each refiner within three months of enactment to provide to the Federal Trade Commission information regarding the number of: (1) gallons of motor fuel sold, consigned, or distributed in each State during the preceding year; (2) gallons of motor fuel sold to its stations in each State during the preceding year; and (3) barrels of crude oil produced and refined during the preceding year. Requires persons owning 50 or more motor fuel stations in the United States to report specified information to the Commission. Sets forth fines for violation of this Act. Permits civil actions to be brought against violators of the requirements of the Act.
United States · United States Congress · 4 March 1980
Rock Island Railroad Employee Assistance Act - Expresses Congressional findings regarding the provision of protection for the employees of the Chicago, Rock Island and Pacific Railroad Company. Provides for priority hiring of Rock Island employees by other railroads so long as it does not interfere with other carriers' equal employment obligations. Specifies that the rights afforded to Rock Island Railroad employees by this Act shall be coequal to Chicago, Milwaukee, Saint Paul and Pacific Railroad Company employees under the Milwaukee Railroad Restructuring Act. Prescribes methods by which the Rock Island Railroad and labor organizations representing the employees of such railroad may enter into an agreement on labor protection for employees adversely affected as a result of a reduction in service by such railroad. Directs the parties, if unable to enter into an employee protection agreement within a specified period, to immediately submit the matter to the Interstate Commerce Commission. Requires that within 30 days after the date of enactment of this Act, the Commission impose upon the parties an arrangement with respect to employee protection, unless the Rock Island Railroad and the authorized representatives of its employees have entered into a labor protection agreement. Provides that any order of the Commission entered pursuant to such an agreement may not be stayed by any court and is appealable directly to an appropriate United States circuit court of appeals. Requires that such appeal shall be filed within five days after entry of the Commission's order, and that the court shall finally determine any such appeal within 60 days after it is filed. Prohibits any other court from reviewing such a determination by the court of appeals. Directs the court having jurisdiction over the reorganization of the Rock Island Railroad to direct the Railroad's trustee and the labor organizations representing the employees of the Railroad, to implement any employee protection arrangement imposed by the Commission. Requires that employee benefit or allowance claims under such agreements be filed with the Railroad Retirement Board. Directs the Board to determine the amount for which an employee is eligible and to certify such amount to the Rock Island Railroad for payment. Directs that such payments be made from the assets of the Rock Island Railroad and treated as administrative expenses of the estate of the Rock Island Railroad. Amends the Railroad Retirement Act of 1974 to direct the Secretary of Health and Human Services (formerly Health, Education, and Welfare) to make specified records available to the Board. Requires the Board to prepare lists of employees separated from employment to be made available on request to other rail carriers, and to maintain such lists through December 31, 1984. Allows an employee who elects to receive a separation allowance from the Rock Island Railroad under an employee protection agreement to receive from the Board reasonable expenses for training for new career opportunities. Sets forth eligibility requirements for such assistance. Prohibits any such assistance after April 1, 1984. Provides, generally, that an employee who receives assistance under an employee protection agreement or an arrangement entered into pursuant to this Act shall be deemed to waive any employee protection benefits otherwise available to such employee under the Bankruptcy Act or any other applicable contract or agreement. Authorizes appropriations for new career training assistance. Authorizes appropriations to the Board to cover administrative expenses. Directs the Secretary of Transportation to guarantee obligations, not to exceed $75,000,000, of the Rock Island Railroad for purposes of providing employee protection. Orders such obligations to be treated as administrative expenses of the estate of the Rock Island Railroad. Limits to $75,000,000 the aggregate unpaid principal amount of obligations which may be guaranteed by the Secretary. Limits to $75,000,000 the total liability of the Rock Island Railroad in connection with benefits and allowances provided under employee protection agreements or arrangements entered into under this Act. Exempts transactions under this Act from the provisions of the National Environmental Policy Act. Directs the Board to publish, within 45 days of this Act, and make available for distribution by the Rock Island Railroad to all eligible employees, a document which describes in detail the rights of such employees.
United States · United States Congress · 26 February 1980
Amends the Powerplant and Industrial Fuel Use Act of 1978 to limit the sum of all severance taxes or fees, for any fiscal year, levied upon or collected from any taxpayer by a State or any political subdivision thereof on coal destined for shipment in interstate commerce for use in any powerplant or major fuel- burning installation or on any improvements or other rights, property, or assets produced, owned, or used in connection with the production of such coal. States that such tax shall not exceed a total of 12 1/2 percent of the value of such coal produced during a fiscal year.
United States · United States Congress · 26 February 1980
Research Revitalization Act of 1980 - Amends the Internal Revenue Code to permit a taxpayer engaged in a trade or business an income tax credit equal to 25 percent of the cash contributions made by such taxpayer to a reserve fund established to finance research or experimentation related to the taxpayer's business. Limits the total amount of such credit to five percent of the taxable business income of the taxpayer for the taxable year. Exempts such reserve fund from income taxation. Allows an income tax deduction for research expenses paid out of the reserve fund during the taxable year. Specifies that research financed pursuant to this Act shall be performed by an institution of higher education. Prescribes tax penalties for the use of funds from the research reserve for purposes other than research and experimentation.
![Official portrait of Rep. Florio, James J. [D-NJ-1]](https://www.congress.gov/img/member/dfda094a48c87dccd97fd47288d44ac3_200.jpg)