Rail Service Improvement Act of 1981

Summary

Conrail Private Sector Ownership Act of 1981 - Title I: General Provisions - Sets forth the findings of Congress with regard to freight and commuter rail service in the Midwest and Northeast United States. Title II: Conrail - Amends the Regional Rail Reorganization Act of 1973 to direct that any investment by the United States Railway Association in the securities of the Consolidated Rail Corporation (Conrail) after October 1, 1981, shall be by purchase of preferred stock. Requires that the Association determine the timing and amount of such purchases. Directs that any request by Conrail for the purchase of such stock shall be filed with the Association within a specified time period. Lists conditions that must be met by Conrail before the Association may purchase such stock. Permits the Association to modify such conditions and to cease purchasing such stock. Sets forth procedures by which Conrail may appeal the decision of the Association to cease stock purchases. Provides for benefits to be paid by employees of Conrail subsidiaries. Directs Conrail to issue annually stock to such employees and personnel in amounts equal to the amount of such benefits provided. Requires State and local governments in States that have more than 100 route miles of the Conrail system to provide specified benefits to Conrail. Directs the Association to allocate such benefits among the States and to notify Governors of the required contribution of such States. Authorizes appropriations for the Association to carry out the purposes of this Act. Revises: (1) the membership of the Association's Board of Directors; and (2) the functions of the Association. Requires that uncommitted funds of the Association be kept on hand, on deposit, or lawfully invested. Exempts the Association from all taxation, except real property taxation. Directs the Association to report to Congress concerning stock purchases and the recapitalization of Conrail. Directs the Association to recapitalize Conrail under certain circumstances. Abolishes the Association and transfers its assets and liabilities to the Office of Management and Budget after Conrail is recapitalized. Directs Conrail to make necessary information available to the Association so that it may carry out its functions under this Act. Transfers the responsibility for representing the United States in any civil action brought by the estate of a railroad in reorganization against the United States to the Attorney General who may, in turn, establish an independent office within the Department of Justice with responsibility for defending against such actions. Reorganizes the structure of Conrail, including the Board of Directors. Prohibits Conrail from requiring permission from the Secretary of Transportation to substitute manual block signal systems for automatic systems on certain main lines. Directs the Secretary and the representatives of the various classes of Conrail employees to enter into agreements providing protection for such employees. Declares that any eligible Conrail employee who is transferred to the Conrail Commuter Corporation or the Amtrak Commuter Services Corporation shall remain eligible for such benefits. Sets forth procedures for employee terminations and the payment of termination allowances. Describes hiring procedures to be followed by rail carriers regulated by the Interstate Commerce Commission. Directs the Railroad Retirement Board to maintain a register of persons separated from railroad employment who are available for employment in the railroad industry. Directs Conrail to provide the Board names of former employees who elect to appear on such register. Terminates such register and employee placement assistance three years after the effective date of this Act. Provides for the election and treatment of benefits by protected employees. Grants Conrail the right to assign, reassign, and consolidate work, formerly performed on the rail properties acquired from a railroad in reorganization, to any location or position on its system if it does not remove such work from a collective bargaining agreement. Limits such authority to the period during which benefits are provided under this Act. Requires that a new collective-bargaining agreement be negotiated between Conrail and representatives of the employees of a railroad in reorganization. Authorizes Conrail and other employers with protected employees to transfer such employees, in inverse seniority order, to a vacancy on any part of the rail system. Sets forth conditions and limitations on such transfers. Directs Conrail, Amtrak, or an acquiring carrier to process and pay employee and personal injury claims. Provides for direct reimbursement by the Association for such claims. Limits Federal and Conrail liability under such collective bargaining agreements. Authorizes appropriations through fiscal year 1983 for such activities. Prohibits a State from enforcing any law, rule, or standard that requires a specified number of employees to perform a particular task or to pay protective benefits to employees. Repeals Title V (Employee Protection) of the Regional Rail Reorganization Act of 1973. Authorizes Conrail to file for: (1) a certificate of abandonment; or (2) a notice of insufficient revenues for any line that is a part of the Conrail system. Makes any employee adversely affected by such an abandonment eligible for employee protection under this Act. Declares that any cost reductions resulting from the provisions of this Act shall not be used to limit: (1) the maximum level of any rate charged by Conrail for rail services; (2) the amount of any increase in any such rate (including joint rates); or (3) an otherwise lawful surcharge or cancellation. Title III: Commuter Rail Passenger Service - Creates a timetable in regard to the transfer of commuter service from Conrail to the Conrail Commuter Corporation and the Amtrak Commuter Services Corporation. Establishes the Conrail Commuter Corporation under the laws of a State as a Conrail subsidiary. Specifies the applicability of certain laws to the Corporation. Exempts the Corporation from payment of all taxes imposed by a State or other taxing authority. Sets forth the corporate and financial structure of the Corporation. Authorizes the Corporation to issue common stock to Conrail. Sets forth procedures for the transfer of Conrail employees to the Corporation. Provides such employees with protection and benefits equal to those provided by Conrail. Requires that collective-bargaining agreements be in effect among the Corporation, Conrail, and such transferred employees within 240 days after the effective date of this Act. Specifies benefits to be included in such agreements. Directs the Corporation, 210 days after the effective date of this Act, to assume responsibility for the management and operation of all commuter services being operated by Conrail. Grants full trackage rights to the Corporation so that such commuter services may be operated. Transfers the necessary rail properties from Conrail to the Corporation. Relieves Conrail of obligations to operate commuter services except those under agreement with Amtrak. Requires that commuter agencies providing rail service continuation payments to the Corporation notify Amtrak Commuter whether such agency intends: (1) to offer similar payments to Amtrak Commuter; and (2) for Amtrak Commuter to assume its commuter service operations. Describes procedures for the transfer of Corporation employees to Amtrak Commuter. Provides such employees with protection and benefits equal to those provided by the Corporation. Requires that collective bargaining agreements be in effect among the Corporation, Amtrak Commuter, and such transferred employees within 540 days after the effective date of this Act. Specifies benefits to be included in such agreements. Dissolves the Corporation 540 days after the effective date of this Act. Authorizes appropriations for fiscal years 1982 and 1983 for commencing and terminating Corporation operations under this Act. Amends the Rail Passenger Service Act to establish, as a goal of Amtrak, the operation of commuter service, through the Amtrak Commuter Services Corporation, on an equal priority with intercity service. Declares that Amtrak Commuter shall not be an agency or instrumentality of the Federal Government but a contract operator of commuter service. States the applicability of specified laws to Amtrak Commuter. Exempts Amtrak Commuter from payment of certain taxes. Sets forth the corporate and financial structure of Amtrak Commuter. Authorizes Amtrak Commuter to issue common stock to Amtrak. Authorizes Amtrak Commuter to: (1) own, operate, or contract for the operation of commuter service; (2) conduct research and development; and (3) acquire by purchase, gift, or by contracting for the use of physical facilities and equipment necessary to commuter service operations. Authorizes Amtrak Commuter to operate commuter service under agreements with commuter agencies. Directs Amtrak Commuter to operate commuter service which Conrail was obligated to provide on the effective date of this Act. Allows Amtrak Commuter to discontinue commuter service to such agencies under certain conditions. Directs Amtrak and the Corporation to transfer to Amtrak Commuter such rail properties as may be necessary for the operation of commuter service. Requires the Board of Directors of Amtrak Commuter to develop and recommend to Amtrak equitable policies for access to and maintenance of the Northeast Corridor. Authorizes appropriations to establish a working capital revolving fund to be used by Amtrak Commuter. Directs the Interstate Commerce Commission, within 120 days of the date of enactment of this Act, to determine costing methodology for compensation to Amtrak for the right-of-way related costs for the operation of commuter rail passenger service over the Northeast corridor and other properties owned by Amtrak. Prohibits judicial review of such determination by the Commission. Title IV: Amtrak - Prescribes goals for Amtrak, including: (1) improvement by at least 30 percent over two years of the number of passenger miles generated systemwide per dollar of Federal investment; (2) elimination of the food and beverage service deficit; and (3) operation of Amtrak trains at higher speeds and on reliable schedules. Reduces the membership of the Amtrak board of directors to 11. Revises the selection and structure of the Board. Exempts Amtrak from the costs levied by any Federal agency for customs inspection or immigration procedures. Directs Amtrak to implement policies that will eliminate the deficit in its onboard food and beverage operations by October 1, 1982. Exempts Amtrak from specified State and local taxes. Eliminates certain reports to Congress and the President concerning rail operations. Revises procedures for route additions, discontinuances, and rail fare increases. Directs Amtrak to review annually each route in the basic system (formerly long distance routes only) to determine if such route meets specified criteria. Discontinues those lines that fail to meet such criteria. Requires that Amtrak reduce the long-term avoidable loss of operating service on long-distance routes by specified amounts. Describes actions to be taken to achieve such reduction. Directs Amtrak to submit amendments to the route and service criteria to Congress. States that such amendments shall take effect in 120 days unless either House of Congress adopts a resolution disapproving such amendments. Repeals provisions concerning long distance quadrant routes, including the Inter-American train to the Mexican border. Declares that any change in the basic system made by Amtrak shall be subject to review under this Act but shall not be reviewable in any court. Directs Amtrak to continue high-frequency intercity rail passenger service under agreements with States or transportation agencies if such service meets certain criteria. Extends the availability of free or reduced rate rail transportation for specified employees. Authorizes appropriations for fiscal years 1982 and 1983 for the purposes of such Act. Limits Amtrak's expenditures for food and beverage operations to a specified amount. Eliminates the loan guaranty fee formerly collected by the Secretary on purchase and rehabilitation loans. Declares that any deferral by Amtrak of interest payments to the Federal Financing Bank during fiscal years 1982 and 1983 shall not constitute default. Directs Amtrak to develop service on specified rail passenger corridors. Requires that a State or private party benefitting from such corridor service contribute annually at least ten percent of the operating cost of such service. Title V: Miscellaneous Provisions - Directs the Secretary to submit to Congress, by April 1, 1982, a plan for the disposition of the assets of Conrail. Describes the contents of such plan and allows an extension to such deadline. Requires any such plan to be approved within 90 days of submission by a concurrent resolution in both Houses of Congress. Authorizes the Secretary to submit to Congress, after April 1, 1982, a plan for the sale of Conrail's assets, including a description of benefits from such sale to the Northeast region. Requires Conrail to notify the Secretary and Congress, before April 1, 1983, if it is unable to continue operations within the requirements of the Regional Rail Reorganization Act of 1973. Authorizes the Secretary to sell Conrail's assets and vote its stock after such notification. Amends the Department of Transportation Act to repeal provisions concerning financial assistance to States for rail freight assistance programs. Reduces the Federal share of other rail service assistance programs. Revises State rail service assistance entitlements and eligibility therefor. Directs each State to retain a contingent interest for the Federal share of funds in any line receiving rail freight assistance under this Act if an application for abandonment is filed or such line is sold or disposed of in any way after it has received Federal assistance. Directs the Secretary, within 45 days of the effective date of this Act, to petition the special court for an order to transfer all Conrail properties in Connecticut and Rhode Island to another railroad in the region. Makes any employee deprived of employment as a result of such transfer eligible for specified benefits. Amends the Regional Rail Reorganization Act of 1973 to enable Conrail to obtain a loan in an amount required for the cost of employee insurance coverage and benefits. Describes procedures for obtaining such loan and for administering such medical and life insurance. Amends the Railway Labor Act to establish procedures for handling disputes between a publicly funded and operated carrier providing rail commuter service and its employees. Sets forth the process by which appeals of this Act may be made.

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2 official files

• Reported to House with amendment(s)

  summary · EN · 18 June 1981

  Open at official source

• Introduced in House

  summary · EN · 12 May 1981

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