Rail Safety and Service Improvement Act of 1982

Summary

Rail Safety and Service Improvement Act of 1982 - Title I: Rail Safety - Federal Railroad Safety Authorization Act of 1982 - Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation to issue regulations to apply safety principles to track used for commuter or other short-haul rail passenger service in a metropolitan or suburban area. Authorizes appropriations for the purposes of such Act for FY 1983 and 1984. Revises provisions concerning the movement of railroad cars in need of repair. Repeals the Act of May 30, 1908 (commonly referred to as the Ash Pan Act) concerning safety ash pans on locomotives. Title II: Bankrupt Railroads - Bankrupt Railroad Service Preservation and Employee Protection Act of 1982 - Amends the Rock Island Railroad Transition and Employee Assistance Act to direct the Interstate Commerce Commission (ICC) to order directed service for three years (currently two years) over any railroad in operation on March 1, 1980, which is subject to Federal bankruptcy laws and which has ceased to provide passenger commuter service. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct the Secretary to guarantee an obligation of any railroad in reorganization under the Federal bankruptcy laws for purposes of funding any agreement between such railroads and their employees which provides for the protection of employees adversely affected by reduction in service or restructuring transactions. Sets forth the maximum amount of such guarantees. Requires any class I rail carrier involved in a bankruptcy case, and in liquidation as a result, to enter into an agreement with its employees' labor organizations to provide protection for employees adversely affected by reductions in service by such carrier. Directs the ICC to prescribe fair and equitable terms if the parties do not agree within a specified time. Declares that any such order of the ICC or of any bankruptcy court having jurisdiction over the case may be appealed only to the appropriate United States Court of Appeals. Requires that employee claims for benefits and allowances under employee protection agreements be filed with the Railroad Retirement Board. Requires that benefits and allowances under such agreements be paid from bankrupt carrier's assets or obligation guarantees. Makes employees who elect to receive a separation allowance from a bankrupt railroad under an employee protection agreement eligible to receive career training assistance from the Railroad Retirement Board. Terminates such assistance after April 1, 1984. Deems employees receiving assistance under this title to have waived any employee protection benefits otherwise available under certain provisions of the Bankruptcy Act or other applicable agreements except a specified agreement regarding Midwest Rail employees. Sets forth procedures and limitations for employees who elect to receive assistance under this title. Provides that such obligation guarantees shall be treated as administrative expenses of the estate of the bankrupt carrier. Limits the total liability of a bankrupt carrier to the amount guaranteed by the Secretary. Declares that prerequisites, general requirements, and employee protection provisions of the Railroad Revitalization and Regulatory Reform Act of 1976 shall not apply to such guaranteed obligations. Provides for judicial review of this title. Authorizes the Railroad Retirement Board to prescribe regulations as necessary to carry out its duties. Makes technical and conforming amendments to the Milwaukee Railroad Restructuring Act. Title III: Northeast Corridor Project - Transfers responsibility for the Northeast Corridor improvement project from the Secretary of Transportation to the National Railroad Passenger Corporation (Amtrak). Authorizes the improvement in facilities for rail passenger service to Buffalo, New York, and Atlantic City, New Jersey. Revises the purposes for expenditures of authorized funding and authorizes appropriations for FY 1984. Authorizes Amtrak to submit requests for appropriations directly to Congress. Requires the Comptroller General to complete an audit of the Northeast Corridor improvement project within 90 days of enactment of this Act and make its results available to Congress, the Secretary, and Amtrak. Sets forth administrative procedures for the interim renewal or extension of contracts and the assumption of contractual obligations. Title IV: Continuance of Preference Share Program - Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to extend the preference share program until September 30, 1985. Requires the Secretary to purchase a specified amount of redeemable preference shares as necessary for the purchase, lease, or rehabilitation of properties of the Consolidated Rail Corporation (Conrail) by non-carrier entities to be used for common carrier rail service, provided an application for a certificate of abandonment or notice of insufficient revenues has been filed with the ICC with respect to such rail service. Requires the Secretary to make certain that all indebtedness under this title is likely to be repaid or can be secured. Directs the Secretary to purchase a specified amount of shares for the rehabilitation of the rail properties of the Delaware River Port Authority, upon application by the Authority. Authorizes appropriations for fiscal year 1983 for the Railroad Rehabilitation and Improvement Fund. Title V: Miscellaneous - Amends the Department of Transportation Act to revise the method of determining State rail service entitlements. Directs the Secretary to operate the Transportation Test Center in Pueblo, Colorado, until the Center is transferred to another party. Requires the Secretary to attempt to transfer the Center to a non-Federal party before January 1, 1983. Amends the Regional Rail Reorganization Act of 1973 to revise insurance provisions relative to Conrail. Declares a specified portion of the Burnham Canal, Milwaukee, Wisconsin, nonnavigable. Amends the Northeast Rail Service Act of 1981 and the Regional Rail Reorganization Act of 1973 to provide for reappropriations to conform to provisions of this Act. Amends the Rail Passenger Service Act to transfer authority for the Northeast Corridor coordination from the Board of Directors of Amtrak Commuter to the Northeast Corridor Coordination Board. Directs the United States Railway Association to make a specified amount available to Conrail to construct and improve a designated rail line connection. Directs the Secretary to transfer the Alaska Railroad to the State of Alaska before October 1, 1982, under specified terms. Authorizes appropriations for fiscal years 1983 and 1984 for the Office of the Administrator of the Federal Railroad Administration.

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Documents

4 official files

• Passed House amended

  summary · EN · 12 August 1982

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• Reported to House amended, Part II

  summary · EN · 24 June 1982

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• Reported to House amended, Part I

  summary · EN · 18 May 1982

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• Introduced in House

  summary · EN · 6 May 1982

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