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United States · Law · HR

H.R. 3996 (96th)

Amtrak Reorganization Act of 1979

openUnited States· United States Congress· EN

Introduced

8 May 1979

Last action

Status

Public Law 96-73.

Sponsors

Subjects

Discovery layer

Source updated

5 February 2024

Summary

Title I: Amtrak Reorganization - Amtrak Reorganization Act of 1979 - Amends the Rail Passenger Service Act to direct the National Railroad Passenger Corporation to issue preferred stock to the Federal Financing Bank to cover the purchase of capital equipment and facilities for which the Corporation is currently obligated against previously authorized guaranteed loan authority. Directs the Bank to accept such stock in full settlement of all the guaranteed loans which it made to the Corporation and which are outstanding. Directs the Bank to transfer such stock to the Secretary of the Treasury in full settlement of all obligations of the Bank to the Secretary in connection with the Bank's loans to the Corporation. Directs the Secretary, in return for additional preferred stock to provide additional resources to the Corporation, as required for payment to vendors to liquidate obligations of the Corporation for capital equipment and facilities. Repeals the present program under which the Secretary guarantees loans of the Corporation. Directs the Corporation, by January 1, 1981, to develop and submit to the President and the Congress, a comprehensive plan for the improvement of all intercity rail passenger service in the basic system. Stipulates that such plan shall include: (1) a zero-based assessment of all operating practices and implementation of changes to achieve the minimum use of employees consistent with safe operation and adequate service; (2) a systematic program for optimizing the ratio of train size to passenger demand; (3) a systematic program for trip time reductions; (4) the establishment of training programs to achieve on-time departures and priorities for passenger trains over freight trains en route; (5) an adjustment of food and beverage pricing and purchasing to increase profitability; and (6) cooperative marketing campaigns between the Corporation and governmental entities having intercity rail passenger service as well as campaigns with specified Federal agencies. Directs the Corporation, by January 1, 1980, to establish a Regional Maintenance Plan to provide systematic preventive maintenance, a systemwide inventory of spare parts, and a method for the periodic evaluation of maintenance costs, time lags, and parts shortages. Directs the Corporation to establish a Performance Evaluation Center to conduct an ongoing review of railroad operations and to make recommendations for improving such operations. Grants the President of the Corporation the power to direct the conductor of any Amtrak train to report to the Center regarding any inadequacy of train operation. Repeals the Interstate Commerce Commission's authority to promulgate adequacy of service regulations for Amtrak trains. Exempts the Corporation from the provisions of the Interstate Commerce Act with respect to the issuance of securities or the assumption of obligations or liabilities with respect to the securities of others. Authorizes the Commission to establish through routes and joint fares with any domestic or international motor, air, or water carrier (previously the Commission could only establish such routes or fares with motor carriers). Stipulates that the Corporation shall not be subject to any State or local law relating to pay periods or dates for payment of employees. Directs the Corporation to enter into a contract with rail carriers on an industrywide basis to establish rights for the operation of special or charter trains between specific routes and points anywhere in the Nation. Stipulates that a facility or service agreement between the Corporation and another railroad may include terms which provide an incentive for the achievement of a certain level of on-time performance by reducing the railroad's payments for failure to meet such level of performance. Stipulates that an application of a State or local agency for subsidized rail passenger service outside the basic system must be accompanied by a statement that the State or local share of the costs of such service shall be 20 percent of the solely related costs during the first year, 35 percent during the second, and 50 percent for each year thereafter. Requires that such an application include a statement that the State or local share of associated capital costs and maintenance costs shall be 20 percent. Requires the convening of Technical Assistance Panels to review such applications by the Corporation. Establishes the composition of such panels. Stipulates that such rail services may be operated by the Corporation or the applicant. Directs the Corporation to continue to operate rail passenger service over any long distance route which is recommended for discontinuance by the Secretary if the short term avoidable loss per passenger is below a certain level and the passenger mile per train mile ratio is above a specified level. Sets forth the level of reimbursement to the Corporation by other railroads for the free or reduced rate transportation for railroad employees if the Corporation and the railroad involved cannot agree on another basis of compensation. Prohibits the downgrading or disposal of railroad facilities utilized by the Corporation as of February 1, 1979, without the approval of the Secretary. Stipulates that if the Corporation does not object to such an action the Secretary shall approve the application for downgrading or disposal. Stipulates that in the event the Corporation does object the Secretary shall approve of the proposed action unless the Corporation agrees to pay the costs which the railroad could avoid if it was not required to maintain the facility in the condition requested by the Corporation. Sets forth considerations which the Corporation is to take into account in determining whether to pay such avoidable costs. Authorizes appropriations in specified amounts for specified costs of the Corporation for fiscal years 1980 through 1982. Directs the Secretary to establish an Employee Compensation and Incentive Commission to evaluate the salary paid officers of Amtrak and to develop a program for improving Amtrak employee incentive and morale. Requires the Commission, by March 1, 1980, to submit its recommendations to the board of directors of the Corporation. Directs the board to report to the Congress within 90 days any action it plans to take to implement such recommendations. Directs the Commission to establish an Employee Incentive Program to provide recognition awards to individuals, labor organizations, or carriers in recognition of outstanding achievement in meeting the performance standards established by this Act or by the board. Directs the Commission to issue a new class of common stock to qualified employees in accordance with a specified schedule. Directs the Corporation to develop a Job Placement Program for employees who will be affected by the reduction in work force caused by the Secretary's recommendations for the restructuring of routes. Directs the Secretary to establish a National Carrier Coordination Committee to review and evaluate ways for improving cooperation between the Corporation and other carriers in achieving improvement in intercity rail passenger service. Requires the Committee to submit annual reports to the Congress regarding its activities. Directs the Secretary to conduct a study of the payment of taxes by the Corporation to State and local governments and to make recommendations to Congress by January 1, 1980, regarding the advisability of relieving the Corporation of its obligation to make such payments. Amends the Amtrak Improvement Act of 1978 to authorize the Corporation to defer the Secretary's recommendations for the restructuring of certain routes. Amends the Department of Transportation Act to remove the time limitation during which railroad terminals must be converted into intermodal transportation terminals in order to receive Federal financial assistance for such a project and grants the Secretary the power to establish the time period during which such a conversion must be completed. Title II: Amendments to the Regional Rail Reorganization Act of 1973 - Amends the Regional Rail Reorganization Act of 1973 to authorize appropriations to the United States Railway Association for fiscal year 1980 to carry out its administrative expenses under such Act. Requires the Association to submit quarterly reports to Congress regarding the proceedings before the special court to determine the valuation of the rail properties conveyed to the Consolidated Rail Corporation (ConRail) pursuant to such Act. Requires the Comptroller General to submit annual reports to Congress regarding the use of Federal funds in connection with such litigation. Directs the Association and the Attorney General to develop and submit to Congress a plan for the transfer of such litigation functions of the Association to an appropriate Federal agency by March 1, 1980. Directs the Association together with the Department of Transportation to develop and submit to Congress a plan to transfer the other functions of the Association to an appropriate Federal agency by such date. Sets forth procedures for the monitoring of contractors employed by the Association. Directs the special court established pursuant to such Act to include in its order a requirement that ConRail maintain medical and life insurance coverage for employees of railroads in reorganization. Stipulates that the Association shall have a direct claim, as a current expense of administering the estate of a railroad in reorganization, for loans forgiven by the Association pursuant to such Act. Title III: Office of Rail Public Counsel - Authorizes appropriations to the Office of Rail Public Counsel for fiscal year 1980.

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