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Bill· HRH.R. 7488 (96th)referred
United States · United States Congress · 4 June 1980
Amends the Federal Aviation Act of 1958 to increase civil and criminal penalties for violation of specified transportation safety and accident reporting laws. Authorizes the Secretary of Transportation to assess a civil penalty for specified violations only after advising the person against whom the civil penalty is to be assessed of any charges or other reasons relied upon by the Secretary for the proposed action. Prohibits the reexamination of the issue of liability or amount of civil penalty in any subsequent suit for collection of such civil penalty by the Secretary or the Civil Aeronautics Board. Grants exclusive jurisdiction to the United States district courts over civil penalty actions which meet specified criteria and are initiated by the Secretary.
Bill· HJRESH.J.Res. 553 (96th)referred
United States · United States Congress · 21 May 1980
Authorizes and requests the President to designate May 24, 1980, as "Railroad Passenger Services Day."
Bill· HRH.R. 7395 (96th)referred
United States · United States Congress · 20 May 1980
Amends the Maritime Appropriation Authorization Act for Fiscal Year 1980 to increase the authorization of appropriations, from $256,208,000 to $300,515,000, for fiscal year 1980 for use by the Department of Commerce for payments of obligations incurred for the ship operating-differential subsidy.
Bill· HRH.R. 7383 (96th)referred
United States · United States Congress · 19 May 1980
Authorizes the Secretary of Transportation, upon application by the State of Maryland, to make a grant for the reconstruction and rehabilitation of the Woodrow Wilson Memorial Bridge. Directs that the Federal share of the costs of such project, including reimbursement of the State of Maryland for preliminary engineering costs incurred before the date of enactment of this Act, shall be 100 percent. Authorizes to be appropriated, out of the Highway Trust Fund, such sums as are necessary to carry out the provisions of this Act beginning in fiscal year 1982.
Bill· SS. 2731 (96th)referred
United States · United States Congress · 16 May 1980
Directs the Secretary of Agriculture to study and report to Congress on the feasibility of establishing rural transportation cooperatives in areas not adequately served by the private sector. Specifies topics to be considered in such study, including: (1) which Federal agencies would assist in the formation of the cooperative organizations; (2) an estimate of personnel and funding requirements; and (3) the ability of the cooperative to provide both passenger and freight services. Authorizes appropriations for such study and report.
Bill· SS. 2720 (96th)open
United States · United States Congress · 15 May 1980
Federal Public Transportation Act of 1980 - Amends the Urban Mass Transportation Act of 1964 to direct the Secretary of Transportation to submit to the appropriate congressional committees a proposed final allocation plan for the modernization or rehabilitation of rail mass transportation facilities and equipment prior to January 1, 1982. Directs that such plan shall become final unless disapproved by such committees. Directs that, beginning in fiscal year 1983, 75 percent of the funds made available by the Secretary for modernization and rehabilitation of rail facilities and equipment shall be distributed in accordance with such allocation plan. Authorizes the Secretary to: (1) purchase equipment for use in public transportation service; and (2) make grants of such equipment to States and local public bodies. Requires the States or local public bodies receiving such equipment to provide at least 20 percent of the net project costs. Requires the Secretary to notify the appropriate committees of Congress at least 30 days in advance of issuing a letter of intent to fund a project. Authorizes appropriations for the purposes of such Act through fiscal year 1985. Directs the Secretary to report to Congress biennially concerning the Secretary's proposed authorization requests under such Act for the next succeeding five fiscal years. Sets forth the formula which the Secretary shall use in apportioning funds for making grants for the purchase of buses and related equipment and facilities. Sets forth requirements and formulae to be followed in making incentive grants to urbanized areas. Redefines the term "fixed guideway" as it is used in such Act. Authorizes the Secretary to investigate unsafe conditions in any transit system financed under this Act. Directs the Secretary to require States or local public agencies to submit a plan for correcting such unsafe conditions. Permits the Secretary to withhold financial assistance under this Act until such plan is approved and implemented. Authorizes the Secretary to establish safety criteria and standards for such investigations. Directs that, for areas other than urbanized areas, there shall be a planning process carried on by the State, in cooperation with appropriate local officials and substate planning entities. Directs that such process shall result in the development of an appropriate State plan for nonurbanized area public transportation equipment and services.
Law· SS. 2730 (96th)open
United States · United States Congress · 15 May 1980
Federal Railroad Safety Authorization Act of 1980 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for fiscal year 1981. Grants to an appropriate district court jurisdiction to restrain violations of, or to enforce rules or orders on, railroad safety established under any statute transferred to the Secretary of Transportation by the Department of Transportation Act. Makes conforming amendments to specified acts to extend venue in such cases to include the judicial district in which the defendant has its principal executive office. Amends the Hours of Service Act of 1907 to extend 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. Authorizes the Secretary 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 violations of the recordkeeping requirements of this Act. Authorizes the Secretary 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. Eliminates the requirement that each rail carrier file a locomotive safety inspection report and a repair report with the inspector in charge. Directs the Secretary to conduct studies regarding: (1) State participation in railroad safety programs; and (2) employee training in the railroad industry as it affects railroad safety. Directs the Secretary to expedite promulgation of a final rule regarding the retrofitting of Department of Transportation specification 105 tank cars with shelf couplers. Directs the Secretary to submit to Congress: (1) a status report as regards such final rule; and (2) a systems safety plan relating to the activities of the Department in carrying out rail safety laws.
Bill· SS. 2710 (96th)open
United States · United States Congress · 15 May 1980
Amends the Hazardous Materials Transportation Act to authorize appropriations for fiscal years 1981 and 1982 to carry out the provisions of such Act. Authorizes the Secretary of Transportation, in satisfying the requirement to establish and maintain a central reporting system and data center, to coordinate his activities with existing reporting systems and data centers maintained and operated by private organizations.
Bill· SJRESS.J.Res. 174 (96th)referred
United States · United States Congress · 15 May 1980
Authorizes and requests the President to designate May 24, 1980, as "Railroad Passenger Services Day."
Bill· SS. 2696 (96th)referred
United States · United States Congress · 14 May 1980
National Ridesharing Act - Directs the Secretary of Transportation to establish within the Department of Transportation a National Office of Ridesharing to develop a national program to assist State, regional, and local governments and others in developing and implementing ridesharing programs. Directs the Office to coordinate programs authorized under this Act with other Federal ridesharing activities. Sets forth ridesharing services and programs for which funding shall be made available. Prohibits the use of such funding for the construction of high occupancy vehicle facilities and the purchase or operation of public transit vehicles. Directs that the national ridesharing program shall be administered in a flexible manner to ensure participation of State departments of transportation, metropolitan planning organizations, counties, municipalities, providers of ridesharing services, publicly owned operators of mass transportation services, other local transportation planning and implementation agencies, and the private sector. Directs the Secretary of Transportation, in making discretionary apportionments to eligible recipients, to give special consideration to those applicants who have shown particular commitment to ridesharing by virtue of their use of non-Federal funds or eligible Federal highway funds in their ridesharing programs. Directs the Secretary to conduct an investigation of the performance of the Office and report to the President, Congress, and the public on such investigation by September 30, 1983. Authorizes appropriations for the purposes of this Act for fiscal years 1981 through 1984.
Bill· SS. 2690 (96th)referred
United States · United States Congress · 12 May 1980
Authorizes the Secretary of Transportation to financially assist the owner of a bridge over navigable waters in the construction or alteration of a bridge protection system. Allows a bridge owner who determines that the bridge involved is susceptible to damage due to the absence of a bridge protection system or the inadequacy of an installed bridge protection system to apply to the Secretary for such financial assistance. Limits such financial assistance to an amount equal to 75 percent of the cost of construction or alteration of the bridge protection system.
Bill· HRH.R. 7320 (96th)reported
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.
Resolution· SRESS.Res. 415 (96th)referred
United States · United States Congress · 1 May 1980
Expresses the sense of the Senate that Congress should not appropriate funds for the payment of principal and interest on loans guaranteed pursuant to the Chrysler Loan Guarantee Act of 1979 if such guarantees are based on a financing plan which does not meet the conditions of such Act.
Bill· HRH.R. 7235 (96th)passed
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.
Bill· HRH.R. 7251 (96th)referred
United States · United States Congress · 1 May 1980
Amends the Urban Mass Transportation Act of 1964 to adjust the formulae under which entitlements of urbanized areas for construction and operating assistance under such Act are determined.
Bill· HRH.R. 7222 (96th)referred
United States · United States Congress · 30 April 1980
Directs the Secretary of Transportation to designate six and one-quarter miles of highway connecting I-10 and I-65 near Mobile-Prichard, Alabama, as a route on the National System of Interstate and Defense Highways. Prohibits such six and one-quarter miles of roadway from being charged against the limitation for the National System of Interstate and Defense Highways.
Bill· HRH.R. 7164 (96th)referred
United States · United States Congress · 24 April 1980
Requires a rail carrier which has market dominance to prove that its proposed rates will not exceed a maximum sufficient to cover its costs and a reasonable return. Prohibits the Interstate Commerce Commission from allowing a rail carrier to impose subsidy burdens on certain shippers in order to achieve adequate overall revenue levels.
Bill· HRH.R. 7166 (96th)referred
United States · United States Congress · 24 April 1980
Amends the Airport and Airway Development Act to redefine the term "airport development" so as to include any work involved in constructing, improving, or repairing aviation fuel storage facilities at a public airport. Authorizes the Secretary of Transportation to approve the project costs of aviation fuel storage facilities as allowable costs of a project for airport development if the project costs for such facilities do not exceed a specified sum.
Bill· HRH.R. 7103 (96th)failed
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.
Bill· HRH.R. 7104 (96th)passed
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.
Bill· HRH.R. 7110 (96th)referred
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.
Bill· SS. 2585 (96th)passed
United States · United States Congress · 18 April 1980
Ocean Shipping Act of 1980 - Title I: General Provisions - Amends the Shipping Act of 1916 to declare that the national maritime policy is to promote and develop: (1) efficient, innovative, and economically sound ocean transportation to meet the needs of United States foreign commerce; (2) substantial participation by vessels of United States registry in the foreign commerce of the United States; (3) protection of the rights of shippers, ports, and consumers by preventing discriminatory or deceptive practices; (4) the lowest possible freight rates and the highest quality service; (5) increased United States' exports; (6) comity with the United States' trading partners; (7) a regulatory environment responsive to the needs of the public in which decisions are reached promptly and fairly; (8) the maintenance of a dependable, responsive common carrier service; and (9) the efficient use of fuel for energy conservation. Defines terms used in this Act. Title II: Federal Maritime Commission Reports to Congress; Authorization of Appropriations; Conditions Unfavorable to Foreign Commerce; General Rulemaking Authority - Directs the Commission to: (1) report annually to Congress a summary of its activities, receipts, and expenditures; and (2) submit legislative recommendations to Congress and the Executive Office of the President as it deems necessary. Directs the Commission to make rules and regulations affecting shipping in the foreign commerce of the United States in order to adjust or meet conditions unfavorable to such shipping which result from foreign laws or from competitive methods employed by owners, operators, or masters of vessels of a foreign country. Title III: Agreements and Contracts - Requires agreements between common carriers by water in foreign commerce, conferences of such carriers, or other persons subject to this Act, which affect competition in specified ways to be filed with the Commission. Directs the Commission, after notice and hearing, to approve, disapprove, or modify any such agreements within specified time periods. Authorizes the Commission to grant temporary approval without a hearing to certain agreements. Directs the Commission to disapprove or modify a conference or shippers' council agreement under specified conditions. Directs the members of each conference agreement and certain ocean common carriers to engage the services of an independent neutral body to police the obligations of such conferences and carriers. Authorizes the Commission to disapprove or modify any such conference agreement or to suspend the tariffs of any such conference or carrier. Directs a common carrier by water in foreign commerce or a conference that proposes to enter into a patronage contract to submit such contract to the Commission. Directs the Commission to permit the use of any such patronage contract that meets the requirements of this Act and which is available to all shippers and consignees on equal terms. Specifies requirements for such patronage contracts. Directs the Commission to withdraw such permission if it finds, after notice and hearing, that the use of such contract is inconsistent with this Act. Directs that such contract shall not be reinstated except with the permission of the Commission. Exempts certain agreements and patronage contracts from specified antitrust laws. Sets forth civil penalties for the implementation of an agreement or contract without prior Commission approval. Title IV: Tariffs and Rates - Directs common carriers by water in foreign commerce and conferences of such carriers to file with the Commission, and keep open to public inspection, tariffs which: (1) show rates and charges of such carriers or conferences; (2) indicate the places between which the cargo will be carried; (3) list each classification of cargo in use; (4) state additional charges, privileges, or facilities under the control of the carrier or conference; (5) state rules or regulations which affect any part of such rates or charges; and (6) include sample copies of any bill of lading, contract of affreightment or other document evidencing the transportation agreement. Directs the Commission to prescribe the manner in which such tariffs shall be published and filed. Directs that rates and charges for the barging and affreighting of containers and containerized cargo by barge between points in the United States shall be filed solely with the Commission under specified guidelines. Subjects a terminal operator who provides services described in this title to the provisions of this Act. Directs the Commission to promulgate rules which provide that such rates shall be based upon factors normally considered by a commercial operator in the same service. Sets forth requirements and procedures for changing or instituting such rates, charges, classifications, rules or regulations. Directs that no person subject to this Act shall demand or receive a different compensation than the rate or charges specified in the applicable tariffs in effect at that time. Specifies that such carriers shall not: (1) rebate, refund, or remit any portion of such rates; (2) extend or deny to any person any privilege, concession, equipment, or facility, except in accordance with such tariffs; or (3) allow any person to obtain transportation of cargo at less than the rates or charges specified in such tariffs by any other means. Prohibits shippers or other persons subject to this Act from demanding or receiving transportation of cargo by such a carrier or conference of carriers at less than the rates and charges specified in applicable tariffs. Authorizes the Commission, for good cause shown and under specified circumstances, to permit such a carrier or conference to refund a portion of freight charges collected from a shipper. Sets forth provisions by which such permission may be granted. Directs the Commission to disapprove a rate or charge filed by such carrier or conference which it finds to be so unreasonable as to be detrimental to the commerce of the United States or in violation of this Act. Authorizes the Commission, upon complaint of an exporter from the United States, to disapprove any rate or charge of such carrier or conference for the carriage of cargo from the United States to any foreign country if such rate or charge is higher than the rate or charge of that carrier or conference for the carriage of similar cargo which moves from: (1) that foreign country to the United States; or (2) a third country to that foreign country. Directs that no controlled carrier shall maintain rates or charges in its tariffs that are below a level which is just and reasonable, nor shall any such carrier establish classifications, rules, or regulations in such tariffs which are likely to result in the transportation or handling of cargo at rates or charges which are below a level which is just and reasonable. Sets forth criteria for determining such just and reasonable rates. Authorizes the Commission, after notice and hearing, to disapprove any rates, charges, classifications, rules, or regulations which such carrier has failed to demonstrate to be just and reasonable. Sets forth provisions for the suspension of such rates and for the issuance of orders to show cause why such rates should not be disapproved. Directs the Commission to transmit to the President any order of suspension or disapproval of such rates, charges, classifications, rules or regulations of a controlled carrier. Authorizes the President to request the Commission to stay the effect of its order for specific reasons of national defense or foreign policy. Directs the Commission to comply with such request. Exempts specified carriers from the provisions of this Act. Sets forth civil penalties for violation of this Act. Title V: Discrimination, Preference, Prejudice, and other Prohibited Acts - Prohibits a common carrier by water in foreign commerce from: (1) agreeing to pay or allow a deferred rebate to any shipper; (2) excluding, reducing, or destroying competition; (3) refusing transportation services or equipment to any shipper when such are available; (4) giving undue or unreasonable preference to a particular person, port, locality, or description of traffic; (5) collecting an unjustly discriminating rate or charge; and (6) establishing unjust or unreasonable regulations or practices related to the handling of property. Authorizes the Governor of any State, territory, or possession to file a protest with the Commission upon the ground that such rate, rule, or regulation subjects that State, territory, or possession to undue or unreasonable prejudice or disadvantage. Directs the Commission to rule on such protest within 180 days. Title VI: Licensing and Bonding - Permits only certain persons licensed by the Commission to engage in freight forwarding. Sets forth provisions for the issuance and revocation of such licenses. Prescribes specified requirements for the compensation of freight forwarders by such carriers. Requires non-vessel-operating common carriers to file a bond with the Commission. Title VII: Exemptions - Sets forth criteria by which the Commission may exempt (or revoke such exemption) for any class of agreements or specified activities subject to this Act from the requirements thereof. Title VIII: Commission Proceedings; Subpoenas and Discovery; Enforcement of Commission Orders - Sets forth provisions for the satisfaction or investigation of complaints filed with the Commission against a carrier, shipper, or other person. Authorizes the Commission to subpoena witnesses, compel the production of documents, and utilize other discovery methods in the course of such investigation. Prescribes penalties for the failure of a person subject to this Act to comply with such subpoenas or orders. Directs the Commission, in specified circumstances, to notify the Secretary of State of such failure to comply. Directs the Secretary to consult with the government of the nation named by the accused party as the holder of such documents or information. Authorizes the Commission to order a person subject to this Act to file with it a periodic or special report pertaining to the business of such person. Directs the Commission to require the chief executive officer of every vessel operating common carrier by water in foreign commerce and others to file a certification under oath with the Commission attesting to specified policies. Directs the Commission to issue a written report of every investigation made under this Act in which a hearing has been held. Authorizes the Commission to reverse, suspend, modify, or reconsider any of its orders. Allows the Commission, any party injured by the violation, or the Attorney General to seek enforcement in a proper court of any order of the Commission. Declares that the findings and order of the Commission, as regard the payment of reparation, shall be prima facie evidence of the facts stated. Authorizes the Commission to apply to an appropriate court for an order to enjoin specified violative practices or acts. Requires each person subject to this Act to maintain a resident agent in the United States for the purpose of service of process. Title IX: Intergovernmental Maritime Agreements - Directs that maritime agreements between the United States and foreign governments must include: (1) provision for free and open access to United States-flag ships; (2) an equal division of cargo sharing between United States fleets and reciprocal trading nations; (3) provision for nondiscriminatory requirements for shippers and ports; and (4) assurances that carriers involved will comply with United States law by means of neutral policing systems. Directs the Secretary of Commerce to establish a Maritime Industry Advisory Committee. Sets forth the membership of such Committee. Directs the Committee to submit to the Secretary its recommendations and views on intergovernmental maritime agreements. Directs the Secretary of Commerce, in consultation with the Secretary of State, to negotiate such agreements which are presumed to further: (1) the declaration of policy set forth in this Act; and (2) the opportunity of the United States-flag carriers to participate in the reciprocal nation's trade with countries other than the United States. Authorizes the Secretary of Commerce, in consultation with the Secretary of State, to restrict or ban participation of national carriers of nations which fail to assure United States-flag carriers equivalent participation in that nation's trade with countries other than the United States. Declares that nothing in this title shall supersede specified Acts and Resolutions. Title X: Conforming Amendments - Makes technical and conforming amendments to the Shipping Act of 1916, the Merchant Marine Act of 1920, and the Merchant Marine Act of 1936.
Bill· HRH.R. 7092 (96th)referred
United States · United States Congress · 17 April 1980
Directs the Secretary of Transportation, after consultation with appropriate State and local officials, to conduct a study of and report to Congress on the feasibility of adding high occupancy vehicle lanes to specified freeways in southern California.
Bill· HRH.R. 7091 (96th)referred
United States · United States Congress · 17 April 1980
Amends the Federal-Aid Highway Act of 1978 as regards the transfer of funds apportioned for resurfacing, restoring, and rehabilitating Interstate Highway System lanes for use on the Federal-aid primary system. Directs that the provisions of this Act shall be effective with respect to funds apportioned after September 30, 1980.
Bill· HRH.R. 7094 (96th)referred
United States · United States Congress · 17 April 1980
Energy Transportation Improvement Act of 1980 - Authorizes the Secretary of Transportation to apportion funds for the repair of toll free public roads which have incurred a substantial increase in use and deterioration as a result of the transportation of coal, other energy resources, or related equipment, to meet national energy requirements. Authorizes the Secretary to apportion funds for the elimination of hazards at rail-highway intersections where there is a substantial increase in rail or highway traffic as a result of the transportation of coal, other energy resources, or related equipment, to meet national energy requirements. Authorizes appropriations for such purposes for fiscal years 1981 through 1990 out of the Highway Trust Fund.
Bill· HRH.R. 7090 (96th)referred
United States · United States Congress · 17 April 1980
Amends Federal-aid highway law to adjust the apportionment formula of the Federal-aid primary system. Directs that apportionments under this Act must be made after September 30, 1980.
Bill· HRH.R. 7075 (96th)referred
United States · United States Congress · 16 April 1980
Authorizes the Secretary of Transportation, upon application by the States of Maryland and Virginia and the District of Columbia, to make a grant for the reconstruction and rehabilitation of the Woodrow Wilson Memorial Bridge. Directs that the Federal share of the project costs shall be 100 percent. Authorizes to be appropriated, out of the Highway Trust Fund, such sums as may be necessary to carry out the provisions of this Act beginning in fiscal year 1981.
Bill· HRH.R. 7066 (96th)referred
United States · United States Congress · 16 April 1980
Prohibits the Secretary of Transportation, whenever the total of all obligations for Federal-aid highways and highway safety construction programs is limited by operation of law to a fixed amount for a fiscal year, from controlling: (1) the rate of obligation of such limitation; and (2) programs or projects eligible for Federal financial assistance from such funds. Allows the Secretary, under certain conditions, to control the obligation of such limitation by allocation according to specified formulae for fiscal years 1980, 1981, and beyond.
Bill· HRH.R. 7062 (96th)referred
United States · United States Congress · 15 April 1980
Federal Railroad Safety Authorization Act of 1980 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for fiscal years 1981 and 1982. Grants to an appropriate district court jurisdiction to restrain violations of or to enforce rules or orders on railroad safety established under any statute transferred to the Secretary of Transportation by the Department of Transportation Act. Makes conforming amendments to specified acts to extend venue in such cases to include the judicial district in which the defendant has its principal executive office. 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. Authorizes the Secretary 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 this Act. Authorizes the Secretary 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. Grants, to the appropriate District Court, jurisdiction to restrain or enjoin the operation of such an order only if: (1) the Secretary has exceeded his or her authority; or (2) there is no reasonable basis to support the determination of the Secretary that an emergency situation exists. Eliminates the requirement that each rail carrier file a locomotive safety inspection report and a repair report with the inspector in charge.
Bill· SS. 2527 (96th)passed
United States · United States Congress · 2 April 1980
Directs the United States Railway Association, by a certain date, to make recommendations to the Congress in regard to: (1) projected funding requirements of the Consolidated Rail Corporation (ConRail); and (2) the future structure and activities of ConRail in a defined region necessary or appropriate to meet specified goals. Directs ConRail, within 30 days of the enactment of this Act, to submit to the Association its findings in regard to rail properties which it will propose for abandonment or transfer for continued operation. Directs the Association to publish in the Federal Register its preliminary findings on such submission. Sets forth information to be included in such findings. Specifies those to receive such findings on the date of publication. Directs the Interstate Commerce Commission to hold hearings on such findings and submit the evidence from such hearings to Congress and the Association within a specified period. Directs the Association, within 60 days of the receipt of such evidence, to submit to Congress, the Commission, and the Secretary of Transportation a plan of rationalization of ConRail properties. Mandates such plan to be consistent with specified goals and to identify rail properties which should be: (1) abandoned, (2) operated by means of a rail service continuation payment, or (3) transfered to a railroad or qualified person for continued operation. Directs the Commission and the Secretary to submit to Congress, within a specified time, evaluations of such plan. Sets forth provisions for Congressional review and approval or disapproval of such plan. Authorizes ConRail, with Congressional approval, to abandon specified properties or transfer identified rail properties to a railroad or other qualified person. Directs that such abandonments or transfers become effective under specified conditions. Authorizes appropriations to the Association to cover its administrative expenses for fiscal years 1981 and 1982.
Bill· SS. 2523 (96th)referred
United States · United States Congress · 2 April 1980
Revises specified inspection and manning requirements for vessels below a specified size carrying passengers or freight for hire. Increases the civil penalty for violations of such manning requirements. Makes freight-carrying vessels below a specified size subject to the same inspection requirements as those applicable to smaller passenger-carrying vessels.
Bill· HRH.R. 7021 (96th)referred
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.
Bill· SS. 2516 (96th)referred
United States · United States Congress · 1 April 1980
Declares that the termination of rail service by the Consolidated Rail Corporation (ConRail) in the States of Connecticut and Rhode Island would threaten the economies of those States and have a severe impact on the rail labor force. Amends the Regional Rail Reorganization Act of 1973 to direct the Secretary of Transportation to develop a proposal for transferring the ConRail rail properties located in the States of Connecticut and Rhode Island to another railroad in the region or, alternatively, to any interested person. Directs the Secretary to offer such properties for bid to such other railroads or interested persons. Specifies requirements to be met by such bidders and the factors to be considered by the Secretary in selecting a bid. Sets forth procedure by which the Secretary petitions for special court approval of a bid. Lists facts to be considered by the special court in determining whether the proposed purchase is in the public interest. Directs the court to: (1) approve such purchase if it is in the public interest; (2) direct ConRail and the acquiring railroad or person to finalize the transaction; and (3) set forth provisions requiring the acquiring party to provide an arrangement, with specified provisions, which protects the interests of employees affected by the purchase. Establishes guidelines to be followed in determining the price paid for any ConRail properties transferred under this Act. Specifies methods of judicial review for certain determinations of the Secretary and the special court.
Bill· HRH.R. 6986 (96th)referred
United States · United States Congress · 1 April 1980
Declares that the termination of rail service by the Consolidated Rail Corporation (ConRail) in the States of Connecticut and Rhode Island would threaten the economies of those States and have a severe impact on the rail labor force. Amends the Regional Rail Reorganization Act of 1973 to direct the Secretary of Transportation to develop a proposal for transferring the ConRail rail properties located in the States of Connecticut and Rhode Island to another railroad in the region or, alternatively, to any interested person. Directs the Secretary to offer such properties for bid to such other railroads or interested persons. Specifies requirements to be met by such bidders and the factors to be considered by the Secretary in selecting a bid. Sets forth procedures by which the Secretary petitions for special court approval of a bid. Lists facts to be considered by the special court in determining whether the proposed purchase is in the public interest. Directs the court to: (1) approve such purchase if it is in the public interest; (2) direct ConRail and the acquiring railroad or person to finalize the transaction; and (3) set forth provisions requiring the acquiring party to provide an arrangement, with specified provisions, which protects the interests of employees affected by the purchase. Establishes guidelines to be followed in determining the price paid for any ConRail properties transferred under this Act. Specifies methods of judicial review for certain determinations of the Secretary and the special court.
Bill· SS. 2497 (96th)referred
United States · United States Congress · 28 March 1980
Amends the River and Harbor Act of 1948 to remove the limitation on funding for United States participation in the Permanent International Commission of the Congresses of Navigation (currently limited to $45,000 annually of the funds appropriated for rivers and harbors).
Bill· HRH.R. 6968 (96th)referred
United States · United States Congress · 28 March 1980
Requires a rail carrier which has market dominance to prove that its proposed rates will not exceed a maximum sufficient to cover its costs and a reasonable return. Prohibits the Interstate Commerce Commission from allowing a rail carrier to impose subsidy burdens on certain shippers in order to achieve adequate overall revenue levels.
Bill· HRH.R. 6964 (96th)referred
United States · United States Congress · 28 March 1980
National Ridesharing Act of 1980 - Transfers specified provisions of the Federal-Aid Highway Act of 1978 relating to carpool and vanpool projects to Federal highway law, as codified. Includes specified recipients of financial assistance under the Urban Mass Transportation Act of 1964 among those to whom the Secretary of Transportation may make grants and loans for carpool and vanpool projects. Prohibits the use of such grants for the construction of highway lanes as preferential carpool or vanpool highway lanes, or for the construction of parking facilities. Directs the Secretary to establish within the Department of Transportation a National Office of Ridesharing to coordinate all carpooling and vanpooling activities within the Department. Requires the Office, in connection with carpooling and vanpooling, to: (1) set national goals for reduction of pollution and traffic and conservation of motor fuel; (2) compile statistics; (3) perform economic analyses; (4) provide promotion, technical assistance, and public information; (5) evaluate national impacts of, and identify obstacles to, such programs; and (6) report and recommend legislation to Congress. Directs the Secretary to report annually on such programs to the President and the Congress. Prohibits the Secretary from approving, after January 1, 1982, the granting of such carpooling or vanpooling financial assistance to be used in any urban area of more than 50,000 population unless the Secretary finds that such assistance is based on a continuing comprehensive transportation planning process carried on cooperatively by States and local communities. Amends the Federal-Aid Highway Act of 1978 to increase the amount of the authorization of appropriations from the Highway Trust Fund for specified assistance for carpool and vanpool projects for fiscal year 1981 and to extend the authorization of such appropriations through fiscal year 1982. Increases the amounts authorized to be appropriated from the Highway Trust Fund for specified grants and loans for such projects for fiscal year 1979, 1980, and 1981, and extends such authorization of appropriations through fiscal year 1982. Provides that, to the extent authorized by Acts governing the use of funds available in the windfall profit tax account, such funds shall be available, as provided in appropriation Acts, for such financial assistance for such projects. Limits the amounts of such funds available for specified purposes in fiscal year 1982.
Law· SS. 2489 (96th)open
United States · United States Congress · 27 March 1980
Authorizes appropriations for the Coast Guard for fiscal years 1981 and 1982. Sets forth the amount of funds allocated for: (1) operation and maintenance expenses; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; (3) alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation; and (4) research, development, testing, and evaluation. Permits the Coast Guard to have an end-of-year strength for active duty personnel of 39,487, provided that such ceiling does not include members of the Ready Reserve called to active duty. Specifies the average military training student loads for the Coast Guard as follows: (1) recruit and special training; 4,175 students; (2) flight training; 117 students; and (3) professional training in military and civilian institutions; 595 students; and (4) officer acquisitions; 925 students. Authorizes the leasing of housing facilities in foreign countries on a multiyear basis for a period not to exceed five years, and in accordance with local custom and practice, provides for advance payment for the lease. Authorizes the Secretary of the Department in which the Coast Guard is operating to increase the existing capital of the Coast Guard Supply Fund by the value of usable materials transferred thereto from the Coast Guard inventories carried in other accounts. Disallows reductions in the rate of pay and allowances to which appointed temporary officers would have been entitled had they remained in their former grade and continued to receive the increases in pay and allowance authorized for that grade. Permits the payment of a monetary allowance in place of transportation to a member whose baggage and household effects are moved by a privately owned or rented vehicle.
Bill· HRH.R. 6958 (96th)referred
United States · United States Congress · 27 March 1980
Amends the Airport and Airway Development Act of 1970 to require the denial of a project grant application for an airport unless: (1) the Secretary of Transportation is satisfied that such airport's owner and operator will not deny reasonable opportunity to pick up and discharge passengers at such airport to certain motor common carriers of persons; and (2) there is information available to individuals at such airport relating to all means of surface transportation provided by such carriers to and from such airport.
Bill· HRH.R. 6937 (96th)referred
United States · United States Congress · 26 March 1980
Amends the Hazardous Materials Transportation Act to authorize appropriations to carry out the provisions of such Act for fiscal years 1981 and 1982. Directs 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.
Bill· HRH.R. 6943 (96th)referred
United States · United States Congress · 26 March 1980
Motor Vehicle Information and Cost Savings Act Amendments of 1980 - Amends the Motor Vehicle Information and Cost Savings Act to exempt manufacturers of fewer than 10,000 passenger automobiles in any model year from: (1) the average fuel economy standards for such year; and (2) the information and reporting requirements for such year. Exempts from such standards manufacturers whose domestically manufactured production commenced after a specified date. Directs the Administrator of the Environmental Protection Agency to include certain foreign-manufactured automobiles in such manufacturer's calculation of average fuel economy when: (1) at least 50 percent of the cost to the manufacturer of such automobiles is attributable to value added in the United States or Canada; (2) such automobiles have never previously been domestically manufactured; (3) such automobiles are manufactured before a specified model year; and (4) any automobile assembled in Canada is imported into the United States within 30 days after the end of the applicable model year. Prohibits such manufacturer from including such automobiles for more than four model years. Permits a manufacturer to apply for such inclusion under specified conditions. Directs such manufacturer applying for inclusion to submit a manufacturing plan with specified information. Sets forth provisions to be followed by the Administrator in approving or disapproving of such manufacturing plans. Allows an aggrieved party to petition the appropriate court for review of the Administrator's actions under this Act. States that the failure of any manufacturer to comply with any average fuel economy standard shall not be deemed unlawful conduct if the manufacturer has sufficient credits or time in which to gain such credits to offset any penalty which would otherwise be assessed. Permits credits earned for exceeding the required fuel economy levels for any given model year to be used to offset any penalties such manufacturer may have incurred for the three consecutive model years prior to such year or any penalties such manufacturer may incur in the succeeding three consecutive model years. Extends the time available to all passenger automobile manufacturers in which to carry forward or carry back such credits.
Bill· HRH.R. 6938 (96th)referred
United States · United States Congress · 26 March 1980
Independent Safety Board Act Amendments of 1980 - Amends the Independent Safety Board Act of 1974 to authorize appropriations for the purposes of such Act for the fiscal years of 1981 and 1982. Directs that such sums shall remain available until expended. Directs that certain investigations conducted by the Board shall have priority over all other investigations conducted by Federal regulatory agencies. 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,
Law· SS. 2475 (96th)open
United States · United States Congress · 25 March 1980
Amends title V (Improving Automotive Efficiency) of the Motor Vehicle Information and Cost Savings Act to exempt manufacturers of fewer than 10,000 passenger automobiles in any model year from the average fuel economy standards for such year. Exempts from such standards manufacturers whose domestically manufactured production commenced after a specified date. States that the failure of any manufacturer to comply with any average fuel economy standard shall not be deemed unlawful conduct if the manufacturer has sufficient credits or time in which to gain such credits to offset any penalty which would otherwise be assessed. Permits credits earned for exceeding the required fuel economy levels for any given model year to be used to offset any penalties such manufacturer may have incurred for the three consecutive model years prior to such year or any penalties such manufacturer may incur in the succeeding three consecutive model years. Extends the time available to all passenger automobile manufacturers to carry forward or carry back such credits. Directs the Administrator of the Environmental Protection Agency to include certain foreign-manufactured automobiles in such manufacturer's calculation of average fuel economy when: (1) at least 50 percent of the cost to the manufacturer of such automobiles is attributable to value added in the United States or Canada; (2) such automobiles have never previously been domestically manufactured; (3) the manufacturer submits an acceptable original plan relating to a timetable for the domestic production of such automobiles; and (4) any automobile assembled in Canada is imported into the United States within 30 days after the end of the applicable model year.
Bill· SS. 2479 (96th)referred
United States · United States Congress · 25 March 1980
Public Transportation Amendments of 1980 - Amends the Urban Mass Transportation Act of 1964 to authorize the Secretary of Transportation to purchase buses and related equipment and to make grants for such buses and equipment to States and public bodies for use in public transportation service. Authorizes funds for purchases made under this Act. Directs such purchases to be based upon projections of the needs of such States and public bodies. Authorizes the Secretary to grant such buses and related equipment to States and local public bodies. Orders such grants to comply with statutory requirements applicable to grants under the Act. Directs State or local public bodies which receive such grants to provide at least 20 percent of the net project cost in cash or in-kind contributions. Directs that cash shall be returned to the Urban Mass Transportation Fund and shall be available for the purposes of this Act when so provided in an appropriations act. Limits the availability of sums appropriated for specified purposes. Increases and extends authorization of appropriations for: (1) specified grant and loan programs; (2) administrative costs; (3) construction or operating assistance in urbanized areas; and (4) the purchase of buses and related equipment through fiscal year 1985. Limits the amount of funds which may be used for human resource programs as they apply to public transportation activities. Directs the Secretary to report to Congress on authorization requests. Directs the Secretary to apportion incentive grants to urbanized areas. Sets forth requirements for such incentive grants. Decreases the Federal grant for the payment of operating expenses of public mass transportation systems. Redefines the term "fixed guideway" for the purposes of this Act. Allots to specified States in each fiscal year a specified amount of the sums appropriated for such fiscal years under this Act. Authorizes the Secretary to establish safety standards for use during the investigation of unsafe conditions in the facilities or operation of a transit system under this Act. Directs the Secretary to require the State, local public body, or agency seeking Federal assistance to submit a plan for correcting such unsafe facility or operation. Authorizes the Secretary to withhold financial assistance to such bodies until such plan is approved or implemented.
Bill· HRH.R. 6899 (96th)reported
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.
Bill· SS. 2459 (96th)passed
United States · United States Congress · 20 March 1980
Independent Safety Board Act Amendments of 1980 - Amends the Independent Safety Board Act of 1974 to include aviation incidents under requirements binding on persons reporting such incidents subject to the National Transportation Safety Board's investigatory jurisdiction. Directs that certain investigations conducted by the Board shall have priority over all other investigations conducted by Federal regulatory agencies. 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. Authorizes appropriations for the purposes of such Act for the fiscal years of 1981 and 1982. Directs that such sums shall remain available until expended.
Bill· HRH.R. 6890 (96th)referred
United States · United States Congress · 20 March 1980
Public Transportation Amendments of 1980 - Amends the Urban Mass Transportation Act of 1964 (the Act) to authorize the Secretary of Transportation to purchase buses and related equipment and to make grants of such buses and equipment to States and public bodies for use in public transportation service. Authorizes funds for purchases made under this Act. Directs such purchases to be based upon projections of the needs of such States and public bodies. Authorizes the Secretary to grant such buses and related equipment to States and local public bodies. Orders such grants to comply with statutory requirements applicable to grants under the Act. Directs State or local public bodies which receive such grants to provide at least 20 percent of the net project cost in cash or in-kind contributions. Directs that cash shall be returned to the Urban Mass Transportation Fund and shall be available for the purposes of this Act when so provided in an appropriations act. Limits the availability of sums appropriated for specified purposes. Increases and extends authorizations of appropriations for: (1) specified grant and loan programs; (2) administrative costs; (3) construction or operating assistance in urbanized areas; and (4) the purchase of buses and related equipment through fiscal year 1985. Limits the amount of funds which may be used for human resource programs as they apply to public transportation activities. Directs the Secretary to report to Congress on authorization requests. Directs the Secretary to apportion incentive grants to urbanized areas. Sets forth requirements for such incentive grants. Decreases the Federal grant for the payment of operating expenses of public mass transportation systems. Redefines the term "fixed guideway" for the purposes of this Act. Allots to specified States in each fiscal year a specified amount of the sums appropriated for such fiscal years under this Act. Authorizes the Secretary to establish safety standards for use during the investigation of unsafe conditions in the facilities or operation of a transit system under this Act. Directs the Secretary to require the State, local public body, or agency seeking Federal assistance to submit a plan for correcting such unsafe facility or operation. Authorizes the Secretary to withhold financial assistance to such bodies until such plan is approved or implemented.
Bill· HRH.R. 6864 (96th)referred
United States · United States Congress · 19 March 1980
Amends the Deepwater Port Act of 1974 to extend the current level of authorization for administration of such Act through fiscal year 1983.
Bill· HRH.R. 6837 (96th)passed
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.
Bill· HRH.R. 6808 (96th)referred
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.