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Bill· HRH.R. 4707 (96th)referred
United States · United States Congress · 10 July 1979
Automotive Innovation and Productivity Act of 1979 - Title I: National Center for Automotive Research - Establishes a governmental corporation to be known as the National Automotive Research Corporation which shall be managed and administered by a National Automotive Innovation and Productivity Board. Establishes a National Center for Automotive Research, which shall be administered by the Corporation in accordance with policies established by the Board, to conduct research, development, and demonstration programs which will help achieve in the automotive field the goals established by Federal pollution, safety, energy efficiency, and other laws. Directs the Board to select a Director of the Center who, with the concurrence of the Board, may enter into such contracts and arrangements with government agencies, universities, nonprofit organizations, profitmaking corporations, and individuals as may be necessary to carry out the purpose of this Act. Requires the Board and the Director to jointly prepare a short, medium, and long-range plan of activities for the Center. Directs the first of such plans to be prepared within one year after the selection of the Director, and updated biannually. Requires the Director to submit annual reports of the Center's activities to the Board, the President, and the Congress. Authorizes the President to transfer to and vest in the Corporation: (1) any or all automotive research, development, and demonstration programs currently being conducted by other Federal agencies; (2) all functions, duties, and powers of any officer or employee of the United States which relate primarily to programs or activities of automotive research; and (3) so much of the costs and funding as are allocable to the programs which are transferred to the Corporation. Declares that any of the programs, activities, functions, powers, or duties transferred to the Corporation shall not include any regulatory or rulemaking function, power, duty, or responsibility. Title II: Special Assistant for Automotive Affairs - Establishes in the Executive Office of the President the position of Special Assistant for Automotive Affairs. Makes the Special Assistant responsible for the review and coordination of all aspects of Federal governmental activity which directly or indirectly affect the automotive industry, and for the oversight and implementation of existing Federal laws and programs in the automotive field. Requires the Special Assistant to report to Congress from time to time on the accomplishments, status, and prospects in the automotive field. Title III: Manufacturer's Excise Tax on Automobiles - Amends the Internal Revenue Code of 1954 to impose a $10 tax on the sale by the manufacturer of each automobile. Directs that amounts equivalent to such taxes shall be appropriated to the Corporation out of moneys in the Treasury not otherwise appropriated.
Law· SS. 1452 (96th)open
United States · United States Congress · 9 July 1979
Amends the Merchant Marine Act, 1936, to extend the authority of the Secretary of Commerce to provide war risk insurance for American vessels.
Bill· SS. 1461 (96th)referred
United States · United States Congress · 9 July 1979
Amends the Merchant Marine Act, 1936, to grant the Secretary of Commerce the sole responsibility for determining which United States procurement or sale programs will require that at least 50 percent of such goods involved be transported on privately-owned United States-flag commercial vessels.
Bill· SS. 1457 (96th)referred
United States · United States Congress · 9 July 1979
Amends the Merchant Marine Act, 1936, to allow a dry bulk cargo vessel to be removed from documentation under the laws of the United States ten years (previously 25 years) after such documentation where such removal is coincident with the sale of such a vessel to a person who is not a citizen of the United States. Requires the owner of such a vessel to pay the United States any principal or interest due prior to such removal and requires the owner to place the net proceeds of such sale in its capital construction fund. Requires the owner of such a vessel to contract for the construction of a new dry bulk cargo replacement vessel within one year after such a sale if the vessel which was sold was constructed less than 25 years earlier. Stipulates that any purchaser of such a vessel shall enter into an agreement with the Secretary allowing the vessel to be used by the United States, for just compensation, in time of emergency. Allows dry bulk cargo vessels which are receiving an operating- differential subsidy to perform repairs outside of the United States or Puerto Rico. Revises the formula for computing the maximum amount which owners or leasees of a dry bulk cargo vessels may deposit in their capital construction fund. Sets forth conditions with respect to the withdrawal of such funds for the acquisition or construction of a dry bulk cargo vessel. Removes the provision of law which prohibits individuals who are receiving an operating-differential subsidy or who are chartering vessels owned by the Department of Commerce from operating or acting as an agent for any foreign-flag dry bulk cargo vessel which competes with American carriers. Directs the Secretary of Commerce to promulgate regulations to insure that the removal of such prohibition will not result in unfair competition with operators of exclusively United States-flag vessels and that no diversion of any subsidy will occur with respect to foreign-flag operations.
Bill· SS. 1453 (96th)referred
United States · United States Congress · 9 July 1979
Amends the Merchant Marine Act, 1936, to extend the construction-differential subsidy for the construction of new vessels to be used in the foreign commerce of the United States.
Bill· SS. 1460 (96th)referred
United States · United States Congress · 9 July 1979
Ocean Shipping Act of 1979 - Amends the Shipping Act, 1916, to declare that the national maritime policy is to promote and develop: (1) efficient, innovative, and economically sound ocean transportation in the foreign and domestic commerce of the United States; (2) substantial participation by United States-flag vessels in the foreign commerce of the United States; (3) protection of the rights of shippers and consumers by preventing discriminatory or deceptive practices; (4) encouragement of the lowest possible freight rates and the highest quality service; (5) increased United States' exports; (6) comity with United States' trading partners; and (7) a regulatory environment responsive to the needs of the public in which decisions are reached promptly and fairly. Directs the Federal Maritime Commission, after notice and hearing, to permit common carriers in foreign commerce to utilize patronage contracts (under which a shipper obtains a lower rate by committing all or a fixed portion of its cargo to a carrier or conference of carriers) unless such a contract is inconsistent with the national maritime policy or the contract fails to include specified provisions as enumerated in this Act. Requires common carriers by water to file a copy of specified agreements made with another common carrier by water or person subject to such Act. Authorizes the establishment of shippers' councils. Requires common carriers by water in foreign commerce (or conferences of such carriers) and carriers operating in the domestic offshore commerce to file with the Commission a copy of any agreement made with an air carrier, rail carrier, motor carrier, or other water carrier which provides for: (1) the establishment of through routes; (2) the interchange of cargo or equipment; (3) the fixing of through or joint rates or concurrence in tariffs; (4) the handling claims or prorating liability for cargo loss or damages; (5) the division of rates or revenues; or (6) any exclusive, preferential, or cooperative working arrangement. Requires each agreement to be accompanied by a statement setting forth the economic and transportation objectives of such agreement. Directs the Commission to approve any such agreement which it finds to be: (1) a reasonable method of achieveing the objectives of the parties; and (2) consistent with the national maritime policy. Authorizes the Commission, in its discretion, to temporarily grant approval for up to one year pending its final disposition of the agreement. Stipulates that such agreements and patronage contracts shall be exempt from the antitrust laws. Makes it unlawful to implement such an agreement or contract without the Commission's approval. Establishes a civil penalty for such a violation. Amends the Intercoastal Shipping Act to conform with this Act.
Bill· SS. 1463 (96th)referred
United States · United States Congress · 9 July 1979
Shipping Reform Act of 1979 - Amends the Shipping Act, 1916, to stipulate that contracts for foreign commerce between water carriers (or conferences of carriers) and shippers or consignees which provide reduced rates in exchange for a fixed portion of the shipper's or consignee's business shall provide for a spread between such rates and ordinary rates charged contract shippers that is: (1) not greater than 18 percent of the ordinary rates if both the shipper and consignee are party to the contract; or (2) not greater than 13 percent of the ordinary rates if only the shipper or consignee is a party to the contract. Requires common carriers by water to file with the Federal Maritime Commission for its approval: (1) intermodal agreements with other specified types of common carriers; (2) acquisition or merger agreements of any United States' common carrier by water by another domestic common carrier by water; (3) agreements for the acquisition of 50 percent or more of the operating assets of any domestic water carrier by another such carrier; and (4) shippers councils agreements. Stipulates that agreements to be performed entirely within a foreign country or between foreign countries shall not be subject to the Commission's jurisdiction. Allows United States' carriers involved in such an agreement to submit such an agreement to the Commission for its approval and once approved exempts such agreements from the antitrust laws. Establishes a presumption that agreements between carriers are in the public interest and places the burden of showing such an agreement violates such Act on the party opposing such an agreement. Establishes civil penalties for violations of this Act. Makes such penalties exclusive and excepts such a penalized action from any penalties under the antitrust laws. Deems agreements involving water carriers (except those which provide or limit access to cargo) to be approved by the Commission 60 days after such an agreement is filed with the Commission. Authorizes the Commission to suspend such effective date for a period of up to seven months to investigate such an agreement upon complaint. Authorizes shippers or consignees to organize into shippers' councils to: (1) consult and exchange information regarding their general level of rates, practices, or services; and (2) agree upon common positions for consulting with common carriers by water in foreign commerce, conferences of such carriers, or the parties to intermodal agreements regarding their general level of rates, practices, or services. Exempts such discussions from the antitrust laws. Stipulates that no civil penalty may be assessed when the Commission finds that a carrier's rate is unreasonable. Requires the participants in agreements which fix or regulate carrier rates or regulations by vote of the parties, to engage the services of an independent neutral body to police the obligations of such carriers. Authorizes the President to prohibit vessels of a foreign country to enter into the United States if the foreign government involved discriminates against United States-flag vessels. Stipulates that such a sanction may not be applied against a nation of the Western Hemisphere with which the United States had in force on May 1, 1979, a Memorandum of Understanding or a Memorandum of Consultation concerning the maritime trades between the nation and the United States that provides for equal access to cargo controlled or impelled by the United States or such nation.
Bill· SS. 1459 (96th)referred
United States · United States Congress · 9 July 1979
Amends the Merchant Marine Act, 1936, to extend the construction-differential subsidy for the construction of new vessels to be used in the foreign commerce of the United States.
Bill· SS. 1448 (96th)referred
United States · United States Congress · 9 July 1979
Authorizes the Secretary of Commerce to transfer, without reimbursement, the title and ownership of V4- M-A1 ocean tug Scotch Cap to the Superior-Douglas County Museum in Superior, Wisconsin, for use as a maritime museum. Declares that the vessel, while owned by the Museum, shall be used solely as a maritime museum.
Bill· SS. 1462 (96th)referred
United States · United States Congress · 9 July 1979
Bilateral Liner Shipping Act of 1979 - Amends the Shipping Act, 1916, to allow United States-flag carriers to enter into reciprocal ocean transport agreements with other carriers which: (1) establish cargo revenue pools; (2) provide for rationalization of sailings and facilities among such carriers; (3) provide for the apportionment of earnings, losses, or revenues between carriers; or (4) establish equal access to liner cargoes. Stipulates that such agreements may be implemented 30 days after notice of such an agreement has been published in the Federal Register and shall remain in effect until terminated by the parties upon 45 days notice to the Federal Maritime Commission. Authorizes the Commission, upon complaint, to disapprove such an agreement if it is found to be discriminatory or under other specified circumstances. Sets forth arbitration proceedings where a United States-flag carrier has complained that it has been alloted or offered an unfair allotment of the United States portion of any pool among United States-flag carriers. Sets forth arbitration procedures for complaints regarding reciprocal ocean transportation agreements which implement intergovernmental agreements and which provide for equal access to cargo controlled or impelled by the Government of the United States or the government of the reciprocal nation where the effect of which will be to deny access to such cargo to nonparties of the agreement. Authorizes the Commission, upon complaint, to suspend a reciprocal ocean agreement if: (1) it is probable that the agreement fails to comply with specified requirements; (2) irreparable injury will result to the complaining party if the agreement goes into effect; (3) such suspension will not substantially harm the parties to the agreement; and (4) such suspension will not adversely affect the free flow of commerce between the United States and the reciprocal nation involved. Places the burden of showing that such an agreement should be suspended or disapproved on the complaining party. requirements for liner shipping agreements entered into between the United States Amends the Merchant Act, 1936, to set forth and a foreign government which regulate ocean liner carriage. Requires that such agreements meet the following criteria: (1) membership and participation shall be open at all times and without unreasonable delays to all United States-flag carriers and reciprocal carriers applying to serve the trade (unless the reciprocal carrier elects to limit the participation of its carriers); (2) the collective share of the United States-flag carriage is not less than the greater of 40 percent of the cargo or revenue; (3) all liner cargo between the countries (except armed forces material and mail) shall be subject to the agreement unless unanimously excepted among the carriers; (4) there is a full and free competition among the United States-flag carriers for the United States share of such carriage if there is no unanimous commercial agreement as to their subshares; (5) all participating carriers shall be subject to neutral body policing; and (6) there are no provisions which discriminate or unreasonably restrict the operations of United States carriers. Directs the Secretary of Commerce to establish a Maritime Industry Advisory Committee to advise the United States with respect to ocean liner agreements. Deems liner shipping agreements to be in the public interest and directs the Government to negotiate such agreements wherever possible. Stipulates that the Secretary of Commerce, in consultation with the Secretary of State, shall be responsible for negotiating and concluding such agreements.
Bill· SS. 1458 (96th)referred
United States · United States Congress · 9 July 1979
Amends the Merchant Marine Act, 1936, to direct the Postal Service to contract for the use of United States' registered vessels for the transportation of United States mail if such vessel is providing regular service to the destination specified by the Postal Service. Sets forth the rate to be charged for such transportation.
Bill· HRH.R. 4703 (96th)referred
United States · United States Congress · 9 July 1979
Directs the Secretary of Transportation to designate the uncompleted 2.2 mile portion of the Crosstown Expressway connecting I-5 and State 99 in Stockton, California, as part of the Interstate Highway System.
Bill· HRH.R. 4697 (96th)referred
United States · United States Congress · 29 June 1979
Prohibits Federal-aid highway funding for States which make it unlawful for a vehicle with an overall gross weight of less than 80,000 pounds or an overall length of less than 60 feet to use the Interstate System or any highway which the Secretary of Transportation determines provides immediate access to any portion of the Interstate System. Directs the Secretary of Energy to conduct a study of fuel savings resulting from such uniform standards and to report the results of such study to Congress within one year.
Bill· HRH.R. 4678 (96th)reported
United States · United States Congress · 28 June 1979
Amends the National Aeronautics and Space Act of 1958 to establish within the National Aeronautics and Space Administration (NASA) a program to advance the state of automotive research and technology. Requires such program to achieve one or more of the following goals: (1) preservation and enhancement of personal mobility at reasonable cost; (2) reduction of the Nation's dependence on foreign oil; (3) increased motor vehicle safety; (4) reduction of motor vehicle environmental effects; (5) improvement of motor vehicle reliability; (6) conservation of scarce resources; and (7) enhancement of the international competitive position of the Nation's automotive products. Charges NASA with the overall responsibility for planning and managing activities designed to achieve the goals set forth by this Act. Denies the Administrator of NASA any power to promulgate any regulations concerning the commercial development or use of the automotive products resulting from the research and development programs provided for by this Act. Requires the President to transmit annual reports to Congress setting forth a description of the activities of all Federal agencies in the field of automotive research and technology development and an evaluation of the progress of such agencies in reaching the goals established by this Act. Establishes a Motor Vehicle and Fuels Coordination Committee to advise the Administrator of NASA and the Secretary of Energy on matters relating the conduct of the program of automotive research and technology development and of programs within the Department of Energy to develop alternative fuels for use by motor vehicles. Transfers to the Administrator of NASA: (1) all automotive research and technology development programs currently being conducted by other Federal agencies; (2) all functions, powers, and duties of the Secretaries of Energy and Transportation, and any other officer or employee of the United States which relate to automotive research and technology; and (3) so much of the costs and funding as are allocable to the programs which are transferred to the Administrator. Requires the Administrator to assure that small business concerns will have realistic and adequate opportunities to participate in the automotive research and development programs established by this Act. Requires the Administrator to report to Congress with respect to all activities relating to the research programs established pursuant to this Act.
Bill· HRH.R. 4679 (96th)referred
United States · United States Congress · 28 June 1979
Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to appoint Type Certification Boards comprised of individuals knowledgeable in the fields of aeronautics and aviation safety to participate in the aircraft type certification process.
Bill· HRH.R. 4686 (96th)referred
United States · United States Congress · 28 June 1979
Amends the Bankruptcy Act to stipulate that, for the period between December 18, 1977, and November 6, 1978, an abandonment or sale of the properties of a railroad in reorganization need not be approved by the Interstate Commerce Commission. Authorizes the Commission to direct a willing provider of truck or water transportation to transport the traffic of shippers using a railroad line abandoned pursuant to a court decree under the Bankruptcy Act if such transportation would be more efficient than directed rail carriage. Sets forth employee protection arrangements for individuals displaced from their employment on account of such an abandonment. Stipulates that a rail carrier required to provide such protective arrangements shall be reimbursed for such costs by the Railroad Retirement Board. Requires the rail carrier to repay such sums when the Board determines that the financial condition of the carrier permits such reimbursement. Authorizes appropriations to the Board for such reimbursements.
Bill· HRH.R. 4675 (96th)referred
United States · United States Congress · 28 June 1979
Reduces the Federal-aid highway apportionment for any State which establishes a maximum gross weight of less than 80,000 pounds or a maximum overall length of less than 60 feet for vehicles using the Interstate Highway System within such State.
Bill· SS. 1433 (96th)referred
United States · United States Congress · 27 June 1979
Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to appoint Type Certification Boards comprised of individuals knowledgeable in the fields of aeronautics and aviation safety to participate in the aircraft type certification process.
Law· SS. 1442 (96th)open
United States · United States Congress · 27 June 1979
Directs the Secretary of the department in which the Coast Guard is operating to cause a named vessel to be documented as a vessel of the United States so as to be entitled to engage in the coastwise trade.
Bill· SS. 1446 (96th)referred
United States · United States Congress · 27 June 1979
Amends the Airport Airway Development Act of 1970 to reserve a specified amount of airport development funding for medium, small, and nonhub airports.
Resolution· HRESH.Res. 338 (96th)referred
United States · United States Congress · 26 June 1979
Requests the Governors of the 50 States to cooperate voluntarily by standardizing truck weight and length limits at 80,000 pounds and 60 feet in order to encourage striking truckers to go back to work.
Resolution· HCONRESH.Con.Res. 151 (96th)referred
United States · United States Congress · 26 June 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Bryan Lewis Allen, the first aviator to cross the English Channel in a self-powered plane. Authorizes appropriations of up to $15,000 to strike such medal. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
Bill· SS. 1400 (96th)referred
United States · United States Congress · 25 June 1979
Trucking Competition and Safety Act of 1979 - Title I: Economic Regulation and Antitrust Immunity - Directs the Interstate Commerce Commission in carrying out its functions with respect to motor carriers of property and freight forwarders to consider the following as being in the public interest: (1) maximum reliance on competitive market forces to provide transportation services; (2) the improvement of truck safety; (3) reduced concentration of market power; (4) the reduction of regulatory barriers to entry into the industry; (5) the encouragement of entry to and additional service for small and isolated communities; and (6) strengthening of smaller carriers to ensure efficient service and to promote competition. Stipulates that, where a motor carrier's certificate authorizes the carrier to provide transportation between any two points but only in one direction, or between points but without authority to make intermediate stops, the Commission shall revise such authority to permit transportation between the two points in either direction and to permit intermediate stops. Authorizes a motor carrier providing regular route service to automatically add to its authority on a yearly basis in accordance with procedures and standards developed by the Commission which will emphasize increasing opportunities for new or better service to smaller and isolated communities and which will be so structured as to minimize the need for Commission intervention. Directs the Commission to develop a program to allow motor carriers of property to provide more direct service between any points authorized in their certificate, regardless of any gateway or route requirements in such certificates. Prohibits the Commission from requiring carriers to serve a single shipper or plant, or from requiring that a carrier provide transportation via a designated route or through a designated locality. Directs the Commission to provide for the gradual phaseout over a three year period of all Commission restrictions on commodities or categories of commodities that may be carried by motor carriers of property. Authorizes a motor carrier to petition the Commission to remove a commodity restriction, to broaden the categories that the carrier may transport or to allow it to provide transportation over a less circuitous route or in a less costly fashion. Directs the Commission to approve such an application within 90 days unless it is proven by an opponent to the application that such a change is not consistent with the public convenience and necessity as determined by this Act. Revises the conditions for certification of motor carriers of property. Stipulates that a finding that an application for certification is consistent with the public convenience and necessity shall not be required in order to provide service between points not served by another certified motor carrier of property, to provide service as a substitute for abandoned rail service, or to transport shipments weighing no more than 500 pounds. Directs the Commission in determining whether service is consistent with the public convenience and necessity to disregard any possible diversions of revenues or traffic of other carriers. Directs the Commission to accord substantial weight in favor of an application where such service would be reasonably likely to: (1) lower the applicant's average operating costs; (2) improve the applicant's equipment utilization, fuel efficiency, or service; (3) meet user or consumer preference; (4) improve service to small communities; or (5) generally improve the competitive climate of the area to be served. Places the burden of showing that an application for service is inconsistent with the public convenience and necessity on an opponent of such application. Places restrictions on the right of a motor carrier of property to challenge such applications. Sets forth time limits during which the Commission must reach a decision on such applications. Stipulates that if a decision is not reached within such period the application shall be deemed so granted. Exempts, with specified exceptions, motor vehicles controlled by cooperative associations from the Commission's jurisdiction. Exempts from the Commission's jurisdiction: (1) food and edible products whether processed or not which are intended for human consumption; (2) livestock and poultry feed; (3) agricultural seeds, plants, limestone, soil conditioners, fertilizers, and chemicals; and (4) farm tractors and farm machinery. Authorizes the Commission to make further exemptions if such an exemption is consistent with the transportation policy set forth in this Act. Authorizes contract carriers of property to establish through routes and joint rates with other carriers. Stipulates that with regard to applications to become a motor contract carrier or freight forwarder the applicant shall have the burden of showing that he or she is fit, willing, and able to perform such service. Stipulates that in determining whether or not the application is consistent with the public interest and national transportation policy, the opponent, if any, shall have the burden of proof. Sets forth a range of rate increases and decreases for motor common carriers of property or freight forwarders which the Commission may not find to be unreasonable. Sets forth factors which the Commission is to take into account when prescribing a rate, classification, rule, or practice for transportation or service by carriers or freight forwarder. Stipulates that the Commission may only investigate motor carrier rates upon complaint. Makes rate bureaus for motor carriers of property and freight forwarders subject to the antitrust laws. Prohibits the Commission from suspending any proposed rate increase or decrease if such proposed new rate falls within the zone of reasonable rates established by this Act. Prohibits the Commission from suspending any other proposed rate changes unless it can be shown by a verified complaint of a person that the complainant would incur substantial injury without such a suspension and that it is likely that the complainant will prevail on the merits. Limits such a suspension to a maximum period of three months. Stipulates that with respect to rates filed before January 1, 1984, the Commission may not require more than 15 days prior notice of any rate change by a motor common carrier of property or freight forwarder. Authorizes the Commission to reduce such time period if it finds that such a reduction would be in the public interest. Stipulates that after January 1, 1984, all such rates may become effective upon publication. Prohibits the Commission from approving consolidation, merger, or acquisition of control agreements with respect to motor carriers of property if the Commission finds that as a result of such a transaction there is likely to be a substantial lessening of competition, creation of a monopoly, or a restraint of trade unless the Commission finds that the anticompetitive effects of the transaction are outweighed by significant transportation needs that cannot be satisfied by a reasonably available alternative having materially less anticompetitive effects. Removes the Commission's jurisdiction with regard to such transactions five years after the enactment of this Act. Exempts from the Commission's jurisdiction motor transportation to and from a domestic air carrier that is part of a combined surface and air movement of freight. Removes entry and rate controls over truckload motor carriers two years after the effective date of this Act. Directs the Secretary of Transportation, in cooperation with the Interstate Commerce Commission and the Department of Justice, to prepare and submit to Congress by January 1, 1983, a report on the implementation of this Act and whether continued regulation of the trucking industry is required. Removes the Commission's authority over securities for motor carriers of property. Title II: Commercial Motor Vehicle Safety - Directs the Commission to seek the advice of the Secretary of Transportation with regard to the safety-related aspects of whether a person is fit, willing, and able to provide transportation services. Stipulates that the Commission shall be bound by the Secretary's determination. Stipulates that this requirement shall not apply to transportation brokers or water carriers. Sets forth time limits and procedures regarding such determinations by the Secretary. Authorizes the Secretary to suspend the transportation authority of individuals who, because of safety-related matters, are no longer fit, willing, and able to provide transportation services. Sets forth procedural requirements for such suspensions. Provides for judicial review of determinations made by the Secretary pursuant to this Act. Authorizes the Secretary to promulgate regulations regarding safety-related aspects of transportation services. Directs the Secretary to establish rules, regulations, and standards to assure the safe operation of commercial motor vehicles. Authorizes the Secretary to conduct such research, development, demonstration, and training activities as may be necessary to develop such rules and regulations. Grants the Secretary the authority to enter upon, inspect, and examine facilities, equipment, operations, and records without advance notice to carry out the Secretary's responsibilities under this Act. Requires a warrant for such an entry or inspection except under specified circumstances. Sets forth procedures and requirements for obtaining such warrants. Sets forth civil and criminal penalties for violations of this title, violations of regulations issued under this Act, or violations of any other regulations administered by the Bureau of Motor Carrier Safety. Authorizes a State to regulate commercial motor vehicle safety unless the Secretary has adopted a rule, regulation, standard, or order regulating that aspect of motor vehicle safety. Authorizes a State to adopt additional or more stringent regulations so long as they do not create an undue burden on interstate commerce and are not incompatible with Federal regulations. Requires the Secretary to timely investigate nonfrivolous complaints alleging material violations of commercial vehicle safety rules or regulations. Prohibits an employer from discriminating against an employee for making such a complaint, for testifying with regard to such a complaint, or for refusing to operate a vehicle where such operation would constitute a violation of Federal motor carrier safety standards. Authorizes the Secretary to make grants to States for the development or implementation of programs for the enforcement of Commercial motor vehicle safety standards. Authorizes appropriations for fiscal years 1981, 1982, and 1983 to carry out such grant program. Title III: Miscellaneous - Sets forth the effective date of this Act.
Bill· HRH.R. 4606 (96th)referred
United States · United States Congress · 25 June 1979
Establishes uniform national weight and length limitation on the Interstate Highway Systems until the Secretary of Energy has certified to Congress that there are adequate amounts of middle distillate fuel to meet national requirements for home heating, agricultural production, transportation, and industrial uses.
Bill· HRH.R. 4589 (96th)referred
United States · United States Congress · 22 June 1979
Title I: Purposes and Definitions - States as the purposes for this Act: (1) the establishment of a coordinated process for Federal decisionmaking with respect o nonnuclear energy facilities in cases in which expedited decisionmaking is in the national interest; (2) the expediting of Federal decisionmaking with respect to such facilities without interfering with the existing authorities of Federal agencies; and (3) the integration of local, State and Federal procedures for licensing energy facilities in cases in which expedited decisionmaking is in the national interest. Defines terms used in this Act. Title II: Priority Projects - Authorizes the President to designated a maximum of six proposed energy facilities as priority energy projects (defined as projects determined by the President to require expedited decisionmaking). Allows any person planning or proposing an energy facility to apply to the President for an order designated such facility as a priority energy project. Sets forth the procedure and criteria for designating priority energy projects. Excludes such determinations by the President from the definition of major Federal action within the meaning of the National Environmental Policy Act of 1969. Requires Federal agencies with authority to approve priority energy projects to submit specified information to the President and the project not later than 30 days after public notice of an order designating a proposed energy facility as a priority energy project. Directs the President to establish a decision deadline schedule for project approvals. Provides for the extension of such deadlines. Delegates decision authority to the President if a deadline on the decision deadline schedule has elapsed without Federal decision or action. Provides for the Presidential extension of such deadlines. Directs the President to grant certification of completed Federal agency review upon the determination that all Federal actions and approvals necessary to the completion of a priority energy project have been granted. Specifies that such certification shall indicate Federal approval expiration dates and shall constitute a rebuttable presumption in any judicial or executive proceeding that all necessary Federal permits have been granted. Directs the President to notify the Governor of any State within which any portion of a priority energy project would be located and to request the Governor to submit specified information to the President. Directs the President to submit all such information to the priority energy project and propose a decision schedule to assist State and local authorities in coordinating their activities with actions by the Federal Government. Title III: Judicial Review and Miscellaneous Provisions - Exempts from judicial review the actions of Federal officers or agencies pursuant to this Act, except as specified in this title. Exempts from judicial review a decision of the President granting or denying an order designating a proposed energy facility as a priority energy project except as required by the Constitution of the United States. Sets forth judicial procedures for claims arising out of actions pursuant to this Act. Grants to the Supreme Court the exclusive authority to review an interlocutory judgment or order of the court of appeals pursuant to this title. Makes this Act effective 30 days after the date of its enactment. Provides for the expiration of the President's authority to designate priority energy projects seven years after the date of the enactment of this Act. Amends the Rail Passenger Service Act to direct the National Railroad Passenger Corporation to establish a reduced rail rate program to individuals who are 65 years of age or older or who are physically or mentally handicapped. Stipulates that such program shall provide for rates which do not exceed 75 percent of the regular fare. Directs the Corporation to report to the Congress within one year regarding the social and economic impacts of such program.
Bill· HRH.R. 4586 (96th)referred
United States · United States Congress · 22 June 1979
Trucking Competition and Safety Act of 1979 - Title I: Motor Carrier Policy - Directs the Interstate Commerce Commission in carrying out its functions with respect to motor carriers of property and freight forwarders to consider the following as being in the public interest: (1) maximum reliance on competitive market forces to provide transportation services; (2) the improvement of truck safety; (3) reduced concentration of market power; (4) the reduction of regulatory barriers to entry into the industry; (5) the encouragement of entry to and additional service for small and isolated communities; and (6) strengthening of smaller carriers to ensure efficient service and to promote competition. Stipulates that, where a motor carrier's certificate authorizes the carrier to provide transportation between any two points but only in one direction, or between points but without authority to make intermediate stops, the Commission shall revise such authority to permit transportation between the two points in either direction and to permit intermediate stops. Authorizes a motor carrier providing regular route service to automatically add to its authority on a yearly basis in accordance with procedures and standards developed by the Commission which will emphasize increasing opportunities for new or better service to smaller and isolated communities and which will be so structured as to minimize the need for Commission intervention. Directs the Commission to develop a program to allow motor carriers of property to provide more direct service between any points authorized in their certificate, regardless of any gateway or route requirements in such certificates. Prohibits the Commission from requiring carriers to serve a single shipper or plant, or from requiring that a carrier provide transportation via a designated route or through a designated locality. Directs the Commission to provide for the gradual phaseout over a three-year period of all Commission restrictions on commodities or categories of commodities that may be carried by motor carriers of property. Authorizes a motor carrier to petition the Commission to remove a commodity restriction, to broaden the categories that the carrier may transport or to allow it to provide transportation over a less circuitous route or in a less costly fashion. Directs the Commission to approve such an application within 90 days unless it is proven by an opponent to the application that such a change is not consistent with the public convenience and necessity as determined by this Act. Revises the conditions for certification of motor carriers of property. Stipulates that a finding that an application for certification is consistent with the public convenience and necessity shall not be required in order to provide service between points not served by another certificated motor carrier of property, to provide service as a substitute for abandoned rail service, or to transport shipments weighing no more than 500 pounds. Directs the Commission in determining whether service is consistent with the public convenience and necessity to disregard any possible diversions of revenues or traffic of other carriers. Directs the Commission to accord substantial weight in favor of an application where such service would be reasonably likely to: (1) lower the applicant's average operating costs; (2) improve the applicant's equipment utilization, fuel efficiency, or service; (3) meet user or consumer preference; (4) improve service to small communities; or (5) generally improve the competitive climate of the area to be served. Places the burden of showing that an application for service is inconsistent with the public convenience and necessity on an opponent of such application. Places restrictions on the right of a motor carrier of property to challenge such applications. Sets forth time limits during which the Commission must reach a decision on such applications. Stipulates that if a decision is not reached within such period the application shall be deemed as granted. Exempts, with specified exceptions, motor vehicles controlled by cooperative associations from the Commission's jurisdiction. Exempts from the Commission's jurisdiction: (1) food and edible products whether processed or not which are intended for human consumption; (2) livestock and poultry feed; (3) agricultural seeds, plants, limestone, soil conditioners, fertilizers, and chemicals; and (4) farm tractors and farm machinery. Authorizes the Commission to make further exemptions if such an exemption is consistent with the transportation policy set forth in this Act. Authorizes contract carriers of property to establish through routes and joint rates with other carriers. Stipulates that with regard to applications to become a motor contract carrier or freight forwarder the applicant shall have the burden of showing that he or she is fit, willing, and able to perform such service. Stipulates that in determining whether or not the application is consistent with the public interest and national transportation policy, the opponent, if any, shall have the burden of proof. Sets forth a range of rate increases and decreases for motor common carriers of property or freight forwarders which the Commission may not find to be unreasonable. Sets forth factors which the Commission is to take into account when prescribing a rate, classification, rule, or practice for transportation or service by a carriers or freight forwarder. Stipulates that the Commission may only investigate motor carrier rates upon complaint. Makes rate bureaus for motor carriers of property and freight forwarders subject to the antitrust laws. Prohibits the Commission from suspending any proposed rate increase or decrease if such proposed new rate falls within the zone of reasonable rates established by this Act. Prohibits the Commission from suspending any other proposed rate changes unless it can be shown by a verified complaint of a person that the complainant would incur substantial injury without such a suspension and that it is likely that the complainant will prevail on the merits. Limits such a suspension to a maximum period of three months. Stipulates that with respect to rates filed before January 1, 1984, the Commission may not require more than 15 days prior notice of any rate change by a motor common carrier of property or freight forwarder. Authorizes the Commission to reduce time period if it finds that such a reduction would be in the public interest. Stipulates that after January 1, 1984, all such rates may become effective upon publication. Prohibits the Commission from approving consolidation, merger, or acquisition of control agreements with respect to motor carriers of property if the Commission finds that as a result of such a transaction there is likely to be a substantial lessening of competition, creation of a monopoly, or a restraint of trade unless the Commission finds that the anticompetitive effects of the transaction are outweighed by significant transportation needs that cannot be satisfied by a reasonably available alternative having materially less anticompetitive effects. Removes the Commission's jurisdiction with regard to such transactions five years after the enactment of this Act. Exempts from the Commission's jurisdiction motor transportation to and from a domestic air carrier that is part of a combined surface and air movement of freight. Removes entry and rate controls over truckload motor carriers two years after the effective date of this Act. Directs the Secretary of Transportation, in cooperation with the Interstate Commerce Commission and the Department of Justice, to prepare and submit to Congress by January 1, 1983, a report on the implementation of this Act and whether continued regulation of the trucking industry is required. Removes the Commission's authority over securities for motor carriers of property. Title II: Commercial Motor Vehicle Safety - Directs the Commission to seek the advice of the Secretary of Transportation with regard to the safety-related aspects of whether a person is fit, willing, and able to provide transportation services. Stipulates that the Commission shall be bound by the Secretary's determination. Stipulates that this requirement shall not apply to transportation brokers or water carriers. Sets forth time limits and procedures regarding such determinations by the Secretary. Authorizes the Secretary to suspend the transportation authority of individuals who, because of safety-related matters, are no longer fit, willing, and able to provide transportation services. Sets forth procedural requirements for such suspensions. Provides for judicial review of determinations made by the Secretary pursuant to this Act. Authorizes the Secretary to promulgate regulations regarding safety-related aspects of transportation services. Directs the Secretary to establish rules, regulations, and standards to assure the safe operation of commercial motor vehicles. Authorizes the Secretary to conduct such research, development, demonstration, and training activities as may be necessary to develop such rules and regulations. Grants the Secretary the authority to enter upon, inspect, and examine facilities, equipment, operations, and records without advance notice to carry out the Secretary's responsibilities under this Act. Requires a warrant for such an entry or inspection except under specified circumstances. Sets forth procedures and requirements for obtaining such warrants. Sets forth civil and criminal penalties for violations of this title, violations of regulations issued under this Act, or violations of any other regulations administered by the Bureau of Motor Carrier Safety. Authorizes a State to regulate commercial motor vehicle safety unless the Secretary has adopted a rule, regulation, standard, or order regulating that aspect of motor vehicle safety. Authorizes a State to adopt additional or more stringent regulations so long as they do not create an undue burden on interstate commerce and are not incompatible with Federal regulations. Requires the Secretary to timely investigate nonfrivolous complaints alleging material violations of commercial vehicle safety rules or regulations. Prohibits an employer from discriminating against an employee for making such a complaint for testifying with regard to such a complaint, or for refusing to operate a vehicle where such operation would constitute a violation of Federal motor carrier safety standards. Authorizes the Secretary to make grants to States for the development or implementation of programs for the enforcement of commercial motor vehicle safety standards. Authorizes appropriations for fiscal years 1981, 1982, and 1983 to carry out such grant program. Title III: Miscellaneous - Sets forth the effective date of this Act.
Bill· SS. 1390 (96th)referred
United States · United States Congress · 21 June 1979
Truck Safety Act - Stipulates that the provisions of this Act shall apply to all commercial motor vehicles over 10,000 pounds gross vehicle weight rating (except vehicles engaged in farming or logging operations). Directs the Secretary of Transportation to establish, maintain, and monitor safety rules and regulations to assure that: (1) commercial motor vehicles are safely maintained, equipped, loaded, and operated; (2) the responsibilities imposed upon drivers of such vehicles do not impair a driver's ability to operate such vehicle safely; and (3) the health and physical condition of such drivers will be adequate to enable them to drive the vehicles they operate. Directs the Secretary to regulate the working conditions and operating practices of employees of commercial motor vehicle carriers and to establish safety and health regulations with regard to such individuals. Directs the Secretary to conduct research, development, demonstration, and training activities to develop such rules and regulations. Authorizes the Secretary to require persons subject to this Act to maintain such records and make such reports as are necessary to insure compliance with this Act. Authorizes the Secretary to prescribe the manner, type, and frequency of medical examinations to be provided by an employer to employees exposed to health or safety hazards. Authorizes the Secretary to conduct investigations and inspections without notice to enforce this Act. Requires the Secretary to timely investigate nonfrivolous complaints alleging a material violation of safety or health rules or regulations. Sets forth civil and criminal penalties for such violations. Provides for judicial review of final orders with respect to such alleged violations. Prohibits an employer from discriminating or taking punitive actions against employees who complain of health or safety violations, who participate in any proceeding regarding such alleged violations, or who refuse to operate a vehicle when to do so would materially violate motor carrier safety violations. Requires States which agree to enforce this Act to submit an enforcement plan to the Secretary for approval. Sets forth requirements which must be included in any such plan. Authorizes appropriations, out of the Highway Fund for each fiscal year, of such sums as are required to provide incentive assistance to States to develop institute such enforcement plans. Requires the Secretary to submit annual reports to the Congress regarding current plans to upgrade commercial motor vehicle safety and driver safety and health. Directs the Secretary to submit a report to Congress within 12 months regarding the advisability of establishing a national commercial vehicle driver register to upgrade safety through improved monitoring of traffic accidents and violations and of multiple State licensing. Authorizes the Secretary to exempt State commercial motor vehicle safety standards or regulations from the provisions of this Act under specified conditions. Authorizes appropriations in such sums as Congress may deem necessary to carry out the provisions of this Act.
Bill· HRH.R. 4561 (96th)referred
United States · United States Congress · 21 June 1979
Prohibits Federal-aid highway funding for any State which prohibits vehicles with an overall gross weight of less than 80,000 pounds from using highways on the Interstate System within such State.
Bill· HRH.R. 4563 (96th)referred
United States · United States Congress · 21 June 1979
Prohibits Federal-aid highway funding for any State which prohibits vehicles with an overall gross weight of less than 80,000 pounds or an overall length of less than 65 feet from using highways on the Interstate System within such State. Directs the Secretary of Transportation to recommend and promote uniform standards and procedures for the administration of State motor fuel taxes and the licensing or registration of motor vehicles utilized in carrying freight in interstate commerce and to facilitate cooperation among the States in the use of efficient methods of administering the registration, licensing, and taxation of such vehicles.
Bill· HRH.R. 4570 (96th)referred
United States · United States Congress · 21 June 1979
Title I: Railroad Deregulation - Railroad Deregulation Act of 1979 - Directs the Interstate Commerce Commission to consider certain factors including the following to be in the public interest with respect to rail transportation: (1) maximum reliance on competitive market forces; (2) avoidance of undue concentrations of market power; (3) reduction of regulatory barriers to entry into the industry; and (4) maintenance of fair wages and working conditions. Stipulates that five years after the enactment of this Act any railroad subject to the jurisdiction of the Commission may establish any rate and condition for transportation or other service. Sets forth the allowable level for rate increases during the five year transitionary period following the effective date of this Act. Stipulates that investigations of rate increases during such interim period may only be made upon complaint by the purchaser of the rail services involved or by an organization representing such a purchaser. Stipulates that in order to initiate such an investigation the complaining purchaser must show that he will be or has been competitively damaged by the imposition of the rate involved and that he is likely to prevail on the merits in any investigation which is undertaken. Stipulates that in any such investigation the complainant must prove, by clear and convincing evidence, that there is no reasonable alternative to the transportation by the carrier that has proposed the increase. Sets forth considerations which the Commission is to consider in determining whether such a reasonable alternative exists. Stipulates that if the complainant shows that there is no such alternative then the burden of proving the reasonableness of the increase shall rest on the rail carriers involved. Sets forth limitations on the Commission's power to lower any disputed rate should the rail carrier fail to meet such burden of proof. Prohibits any rail carrier, with the intent to eliminate a competitor, to set a rate below a level that contributes to its going concern value. Authorizes rail carriers to file tariffs which establish a zone of fares under which rates may be lowered or raised in response to either expected or actual fluctuations in the demand for rail service. Reduces the time period during which the Commission must complete investigatory proceedings with respect to new rail carrier rates. Authorizes the Commission to assess attorney's fees against a rail carrier for rate violations which are found to be willful and to assess such fees against a complaining purchaser if it finds that the action was initiated or continued in bad faith. Authorizes rail carriers to establish joint-line rates for through service on any route, and to agree on any division of such revenues either among themselves or with carriers of other modes. Sets forth a division of revenues for joint fares if the carriers involved fail to reach an agreement regarding such a division. Requires that railroad rate bureau meetings be open to the public and recorded. Stipulates that transcripts of such meetings shall be available to the public and that all votes and agreements shall be open and recorded. Exempts from the antitrust laws, agreements between rail carriers which provide solely for the compilation, publication, and distribution of rates in effect or which are to become effective. Prohibits a rail carrier from discriminating with respect to rates between similarly situated purchasers unless: (1) the cost of the services differ as between the purchasers and the charges reflect only such difference; or (2) the degree of competition to provide the purchasers with transportation services differs as between the purchasers. Stipulates that the Commission may only investigate such discrimination upon petition by a complainant. Places the burden of showing such discrimination on the petitioner. Establishes remedies where such rate discrimination is found to exist. Requires a rail carrier which has entered into a contract to provide a purchaser of rail services with specific services at specific rates to publish and file with the Commission the essential terms of such a contract, as required by the Commission. Prohibits the Commission from prescribing the format for the tariffs filed by a rail carrier. Sets forth the time period after which new or changed rail carrier rates may become effective. Stipulates that after the five year interim period provided in this Act rates may become effective upon publication. Authorizes a rail carrier to provide transportation services for the United States Government at a rate to be retroactively determined where the Government represents to the carrier that the retroactive setting of such a rate is necessary to meet the needs of the national defense. Repeals the Commission's authority to maintain standards and procedures for demand sensitive rates. Authorizes a rail carrier to establish freight rates under which the liability of the carrier is limited to the value of the property as established by a written declaration of the shipper, by a written agreement, or by a declaration in a tariff which limits liability for losses. Removes the requirement that the Commission investigate and report the value of all property owned or used by each rail carrier. Directs the Secretary of Transportation, within two years after the effective date of this title, to prepare and submit to the Congress a preliminary study of competition in the provision of rail transportation services. Directs the Secretary, within four years of the effective date, to submit to the Congress a final study summarizing the effects of maximum rate regulation under this title. Authorizes other entities in addition to rail carriers (except other common carriers) to: (1) construct and operate a new railroad line or an extension of an existing line; (2) construct and operate a railroad line which crosses another line so long as such action does not unreasonably interfere with the operation of the line crossed and the owner of the crossing line pays the owner of the crossed line a fair market rental or for the easement provided; and (3) acquire an existing rail carrier or portion thereof and operate its railroad line. Requires rail carriers providing service within a given Standard Metropolitan Statistical Area to provide switching service in a nondiscriminatory manner. Directs the Commission to find that the public convenience and necessity requires and permits the abandonment or discontinuance of a rail line if: (1) no objection to the abandonment or discontinuance application is timely filed; (2) the applicant demonstrates that the revenues attributable to the line or service do not meet or exceed the full cost of operating the line or service; or (3) the Commission finds that the benefit to the applicant carrier from abandonment or discontinuance exceeds the detriment to the objecting party and others similarly situated from loss of service. Stipulates that certificates approving such a discontinuance or abandonment shall take effect on the 31st day after its issuance. Requires an applicant for such an action to include in the application a statement that the line is available for subsidy or sale and an estimate of the subsidy and minimum purchase price required to keep the line in operation. Sets forth burden of proof requirements as to applications for abandonment or discontinuance. Sets forth deadlines during which the Commission must act regarding objections to such applications. Stipulates that if, within ten days after the Commission publishes its approval of such an application, the carrier has received an offer of a subsidy or offer to buy from an individual or governmental entity, any certificate issued authorizing such discontinuance or abandonment shall have no effect. Stipulates that if a subsidy or sale agreement is not consummated within 100 days after publication the Commission shall issue a new certificate authorizing the abandonment or discontinuance. Stipulates that if the carrier and offeror cannot agree on the full cost or other terms of the subsidy or sale, one or the other may submit the dispute to the Commission for binding arbitration. Entitles an offeror to withdraw the subsidy offer at the conclusion of such arbitration. Limits such a buyer's right to transfer or discontinue service for a specified period. Stipulates that any subsidy provided to a rail carrier may be discontinued on 60 days notice to the operating carrier and the Commission. Makes the procedures governing abandonments and discontinuances exclusive and not subject to modification by a State except where the service provided is wholly intrastate. Directs the Commission, after a hearing, to authorize any transaction involving two or more rail carriers that provides for the coordination of services, exchange of markets, joint use of facilities, granting of trackage rights, or transfer of less than substantially all of the rail assets of any such carrier unless it finds that: (1) the transaction is likely to result in a substantial lessening of competition, creation of a monopoly, or restraint of trade; and (2) the anticompetitive effects of the transaction outweigh the public interest in meeting significant transportation needs. Sets forth time limits during which the Commission must act on applications regarding such transactions. Removes the Commission's jurisdiction with respect to railroad mergers, acquisitions of control, or consolidations. Stipulates that no such transaction may take place unless the Commission certifies that the transaction is in compliance with the employee protection arrangements contained in this Act. Makes such transactions subject to the antitrust laws. Sets forth employee protection arrangements with respect to such transactions. Removes the Commission's authority with respect to the issuance of rail carrier securities. Requires rail carriers to establish and publish an agreement that sets forth an enforcement mechanism for uniform, industry-wide rules covering safe and adequate car service and related practices, demurrage rates, and charges for a rail carrier's use of rolling stock owned by another rail carrier and other equipment used in rail transportation. Requires such an agreement to be approved by the Commission. Exempts such an approved agreement from the antitrust laws. Stipulates that if rail carriers cannot, within 18 months after the enactment of this Act, reach such an agreement, any rail carrier may submit a dispute regarding car service, car hire, demurrage charges, or related practices to the Commission for binding arbitration. Authorizes the Secretary of Transportation, upon a finding by the President that a shortage of equipment, congestion of traffic or other railroad emergency exists, to take specified actions to alleviate such an emergency. Transfers the implementation of a Presidential order setting rail traffic priorities during time of war or threatened war from the Commission to the Secretary of Transportation. Requires the Commission, within four years of the effective date of this title, to revise all the reporting requirements affecting rail carriers to require the minimum amount of information necessary for the Commission to properly perform its duties. Directs the Commission, within one year of the effective date, to prescribe a Uniform Cost Accounting and Reporting System for rail carriers. Provides for the establishment of arbitration panels within the Commission to arbitrate disputes arising under this Act. Establishes administrative procedures regarding such arbitration and provides for judicial review of arbitration decisions. Prohibits any State or political subdivision thereof from enacting or enforcing any law which relates to rates, classifications, services, or the financial structure of a rail carrier or which constitutes an unreasonable discrimination against or imposes an unreasonable burden on interstate commerce. Title II: Rail Restructuring Assistance - Rail Restructuring Assistance Act of 1979 - Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to authorize the Secretary of Transportation to provide financing assistance, through repayable credits constituting a debt or equity financial, to any class I railroad (except Con Rail) to pay any share of the cost of restructuring its facilities, including related labor protection costs and the acquisition of securities pursuant to such a restructuring. Sets forth the conditions of eligibility to receive such assistance. Stipulates that the Secretary shall provide such assistance by purchasing a fixed debt obligation issued by a railroad, or where the Secretary determines that an equity financing is essential to a restructuring, the Secretary may provide financial assistance by purchasing Senior Preferred Stock of the rail carrier. Authorizes the Secretary to provide financial assistance to class I railroads (other than Con Rail) to cover up to 100 percent of the 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 results in a significant change in railroad operating practices or work rules and which the Secretary determines will significantly improve manpower effectiveness. Stipulates that the Secretary shall provide such assistance by purchasing a fixed debt obligation, including a trustee certificate, of the railroad. Authorizes appropriations for fiscal years 1980 through 1984 to provide financial assistance under this title.
Bill· SS. 1383 (96th)referred
United States · United States Congress · 20 June 1979
Fuel Energy Conservation Act of 1979 - Establishes uniform national standards for weight and length of vehicles using the Interstate and Defense Highway System.
Bill· HRH.R. 4549 (96th)referred
United States · United States Congress · 20 June 1979
Motor Carrier Regulatory Improvement Act of 1979 - Title I: General Provisions - Declares the findings of Congress that: (1) a safe, sound, competitive, and fuel efficient motor carrier system is vital to the maintenance of a strong national economy and defense system; (2) the objective of a motor carrier system serving the Nation as a whole can best be achieved through the plan of regulation adopted in 1935; and (3) the Interstate Commerce Commission must administer such regulatory system through the issuance of certificates and permits necessary to implement more effectively the standards of public convenience and necessity and of consistency with the public interest. Title II: Motor Carrier Entry - Requires the Commission, in determining whether to issue any certificate authorizing motor carrier transportation, to take specified factors into consideration including the degree of existing competition and fuel conservation with respect to an applicant's requested route authority. Prohibits the Commission from considering an applicant's level of proposed rates in making a determination regarding such requested route authority but directs the Commission to consider whether the level of rates of existing carriers is so high as to constitute an embargo of the traffic. Authorizes the Commission to require a carrier which is protesting a grant of operating authority to show that: (1) it is able to handle the traffic contained in the application; (2) it is willing to provide such service; and (3) it has either performed service or solicited business within the scope of the application. Stipulates that a contract carrier does not have to limit its operation to carriage for a particular industry or within a particular geographic area. Removes the requirement that the Commission, in deciding whether to grant a permit to a motor contract carrier, consider the number of shippers to be served by the carrier or the nature of the transportation to be provided. Stipulates that an application for conversion of motor contract carrier authority to motor common carrier authority must be filed with the Commission when the operations of the contract carrier in fact become common carriage. Stipulates that a person may not hold a certificate of a motor common carrier of property or a permit of a motor contract carrier of property if the person performing the transportation is doing so in the furtherance of a nontransportation primary business. Authorizes one corporation to provide transportation services for another corporation without a certificate or a permit under specified conditions. Directs the Commission to approve pooling and division of transportation or earnings agreements between common carriers without a hearing, unless it finds that the agreement is of major transportation importance or there is a substantial likelihood that the agreement will unduly restrain competition. Stipulates that, if the Commission finds that either of such factors exist, it shall conduct a hearing to determine if the agreement will be in the interest of better service to the public or of economy in operation. Exempts from the Commission's jurisdiction certain carriage of property by motor vehicle which is incidental to transportation by aircraft. Title III: Motor Carrier Rates - Prohibits the Commission from disapproving motor carrier rate bureau agreements unless it finds that such an agreement would violate or not be in furtherance of the national transportation policy. Exempts such approved agreements from the antitrust laws. Revises the voting processes within rate bureau meetings. Directs the Commission, in determining the reasonableness of motor property carrier rate levels, to approve and maintain revenue levels that are adequate to cover total operating expenses, including the operation of leased equipment, and depreciation based upon the replacement cost of useful equipment and facilities of current prices, plus a reasonable profit. Prohibits the Commission from suspending a motor carrier rate on the basis that it exceeds or is below a just and reasonable if: (1) the rate changes are not of general applicability to all or substantially all classes of traffic; (2) the rate change if filed within five years after the enactment of this Act; and (3) the rate increase or decrease is not more than seven percent annually. Grants the Commission the exclusive authority to prescribe an intrastate rate for a motor carrier of property if: (1) the carrier files a change in such a rate with the appropriate State authority; and (2) the State does not act finally on such proposed change within 120 days. Limits a State's power to assess or collect discriminatory taxes on motor carriers of property. Title IV: Expediting Motor Carrier Proceedings - Establishes time limitations for actions of the Commission regarding motor carriers of property proceedings.
Bill· HRH.R. 4545 (96th)referred
United States · United States Congress · 20 June 1979
Establishes uniform national weight and length limitation on the Interstate Highway Systems until the Secretary of Energy has certified to Congress that there are adequate amounts of middle distillate fuel to meet national requirements for home heating, agricultural production, transportation, and industrial uses.
Bill· HRH.R. 4550 (96th)referred
United States · United States Congress · 20 June 1979
Authorizes the Interstate Commerce Commission to prescribe through lines and joint rates for motor carriers of property. Prohibits the Commission from requiring such a carrier, without its consent, to embrace in such a mandated route substantially less than the entire length of its route and of any intermediate carrier operated in conjunction and under a common management which lies between the termini of such proposed through route unless: (1) such inclusion of lines would make the through route unreasonably circuitous; or (2) the Commission finds that the through route proposed to be established is needed in order to provide adequate, more efficient, or more economic transportation. Requires carriers participating in a through route and joint rate to promptly pay rate divisions or make interline settlements. Allows the suspension or cancellation of such a route and rate under rules promulgated by the Commission in the event of undue delinquency in the settlement of such divisions or interline settlements.
Bill· HRH.R. 4525 (96th)referred
United States · United States Congress · 19 June 1979
Fuel Emergency Trucking Act of 1979 - Authorizes the Secretary of Transportation to establish uniform standards for the weight and length of vehicles using the Interstate and Defense Highway System during a fuel emergency. Allows the Secretary to declare such an emergency for a period of up to six months. Provides for extensions of such period.
Bill· SS. 1353 (96th)referred
United States · United States Congress · 18 June 1979
Limousine Limitation Act of 1979 - Prohibits the purchase, hiring, or operation by the Government of a motor vehicle of a type not generally available on the date of the enactment of this Act in motorpools of the Federal Government. Prohibits the employment of chauffeurs and the use of Government motor vehicles for transporting any Government official between his dwelling and his place of employment. Exempts from the provisions of this Act: (1) medical officers on outpatient medical service; (2) an employee engaged in fieldwork; (3) the President and Vice President; (4) the head of each executive department; (5) the Chief Justice of the United States; (6) specified officers of Congress; and (7) the U.S. Representative to the United Nations. Prohibits the issuance of a Government motor vehicle for the exclusive use of any official or employee not mentioned in this Act.
Bill· HRH.R. 4505 (96th)referred
United States · United States Congress · 18 June 1979
Makes it unlawful for any vehicle with an overall gross weight of more than 80,000 pounds or an overall length of more than 60 feet to use the Interstate and Defense Highway System until the Secretary of Energy has certified to Congress that there are adequate amounts of middle distillate fuel in reserve and in commerce to meet national requirements for home heating, agricultural production, transportation, and industrial uses.
Bill· HRH.R. 4506 (96th)referred
United States · United States Congress · 18 June 1979
Experienced Pilots Act of 1979 - Amends the Federal Aviation Act of 1958 to prohibit Federal officers or employees from refusing to issue or renew airman certificates or from requiring air carriers to terminate the employment of, or refuse to employ pilots solely by reason of the age of such person, if such pilot is less than 65 years of age. Stipulates that a pilot over the age of 60 shall be required to pass physical examinations at least every three months in order to maintain an airman certificate.
Bill· SS. 1337 (96th)referred
United States · United States Congress · 13 June 1979
Stipulates that if the percentage of motor vehicles exceeding 55 miles per hour in a State exceeds 25 percent that State's Federal-aid highway apportionment shall be reduced by 20 percent (previously if the percentage of vehicles exceeding such limit was greater than 60 percent the State's apportionment would be reduced by five percent).
Bill· HRH.R. 4454 (96th)referred
United States · United States Congress · 13 June 1979
Federal Railroad Safety Act Amendments of 1979 - Amends the Federal Railroad Safety Act of 1970 to grant States concurrent authority together with the Secretary of Transportation to enforce the provisions of such Act or the Federal regulations promulgated pursuant to such Act.
Bill· SS. 1305 (96th)referred
United States · United States Congress · 11 June 1979
Hazardous Materials Safety Act of 1979 - Prohibits the operation of any locomotive which controls a train carrying hazardous materials if such locomotive is not equipped with a device which records and shows the locomotive's speed within six months of the enactment of this Act. Directs each railroad subject to this Act to: (1) notify the Administrator of the Federal Railroad Administration (FRA) of the date on which such devices are installed; (2) maintain a schedule of the locomotives required to be equipped; and (3) provide the FRA or the National Transportation Safety Board with such device and any required records in the event of an accident or disciplinary action in which a railroad employee is charged with excessive speed. Sets forth civil and criminal penalties for violations of provisions of this Act. Amends the Independent Safety Board Act of 1974 to stipulate that any investigation conducted by the National Transportation Safety Board shall have priority over all other investigations of Federal or State agencies. Prohibits agencies participating in such an investigation from participating in the Board's determination of the cause of any accident. Authorizes members of the Board to take custody of any vehicle, rolling stock, track, or pipeline facility for examination necessary for a proper investigation.
Bill· SS. 1306 (96th)referred
United States · United States Congress · 11 June 1979
Amends the Independent Safety Board Act of 1974 to stipulate that any transportation accident investigation conducted by the National Transportation Safety Board shall have priority over any other investigation conducted by any Federal or State regulatory authority.
Bill· HRH.R. 4416 (96th)referred
United States · United States Congress · 11 June 1979
Stipulates that the steamship United States may operate in the domestic and foreign commerce of the United States and between foreign ports.
Law· SS. 1300 (96th)open
United States · United States Congress · 7 June 1979
International Air Transportation Competition Act of 1979 - Amends the Federal Aviation Act of 1958 to direct the Civil Aeronautics Board to utilize the same public policy interests which are applicable to interstate and overseas air transportation in carrying out its functions with respect to foreign air transportation including placing maximum reliance on competitive market forces to provide the needed air transportation. Removes the requirement that a certificate to engage in foreign air transportation may only be granted if the transportation applied for is required by the public convenience and necessity. Stipulates that an application for such service need only be consistent with the public convenience and necessity. Authorizes the Board to suspend an air carrier's certificate and to grant such operating authority to another carrier if: (1) restrictions contained in a bilateral air transport agreement with a foreign country, or imposed by a foreign country, preclude or make it impracticable for the Board to authorize an additional carrier in a particular foreign air transportation market; and (2) the alternative carrier has demonstrated that it will provide substantially improved service, substantially lower fares or rates, or a substantially improved combination of service and fares. Sets forth administrative procedures for such suspensions. Authorizes the Board to issue a permit to foreign air carriers if either the applicant has been designated by its government to perform such foreign air transportation under the terms of an agreement with the United States or that such transportation will be in the public interest. Removes the requirement that a public hearing be held with respect to the issuance of such permits. Authorizes the Board, without a public hearing but subject to the approval of the President, to suspend or modify the permits of the air carriers of a foreign country if it finds that the country, over the objections of the United States, has impaired the operating rights of United States carriers, or has engaged in unfair, discriminatory, or restrictive practices with a substantial adverse competitive impact upon United States carriers. Authorizes the Board to also restrict the operations between such foreign country and the United States by any foreign air carrier of a third country. Authorizes the Board to require foreign air carriers to file such reports as the Board may require. Removes the requirement that foreign air carriers file copies of every agreement or contract between such a carrier and any other carrier which affects foreign air transportation. Authorizes the Board to exempt any foreign air carrier from the requirements of the Federal Aviation Act of 1958 to the extent necessary to allow the carrier to lease or charter aircraft to a United States direct carrier for the performance of air transportation services under an agreement approved by the Board. Authorizes the Board to dispense with hearings regarding the suspension or rejection of any tariff filed by a foreign air carrier. Stipulates that if any air carrier or foreign air carrier has its initial tariff suspended or rejected by the Board, it may file a tariff which embodies the current rate structure of any other carrier engaged in the same foreign air transportation. States the intent of Congress that, in formulating United States air transportation policy, the appropriate Federal officials should develop a negotiating policy which emphasizes the greatest degree of competition that is compatible with a well-functioning international air transportation system. Establishes an International Aviation Advisory Council to assist the Secretary of State, the Secretary of Transportation, and the Civil Aeronautics Board in developing such international aviation negotiating policy. Directs the President to grant to at least one representative of each House of Congress the privilege of attending international aviation negotiations as an observer if such privilege is requested in advance in writing. Removes the requirement that air transportation financed by the Federal Government be provided by domestic carriers if such transportation is provided pursuant to an air transport agreement between the United States and a foreign government and such agreement provides reciprocal rights for the transportation by domestic carriers of passengers or cargo financed by such foreign government. Amends the International Air Transportation Fair Competitive Practices Act of 1974 to allow the Board to take such action as it deems necessary to eliminate the practices or restrictions of any foreign government (including its air carriers) which result in discriminatory or anticompetitive practices against a United States carrier or which impose unreasonable restrictions on the access of a United States carrier to foreign markets.
Bill· HRH.R. 4378 (96th)referred
United States · United States Congress · 7 June 1979
Amends the Urban Mass Transportation Act of 1965 to stipulate that any person who presents a medicare card when boarding or paying mass transit fares shall receive the reduced rates for the elderly or handicapped as provided in such Act.
Bill· HRH.R. 4342 (96th)referred
United States · United States Congress · 6 June 1979
Prohibits the Secretary of Transportation from making Federal funding available for highway projects within a State if the State provides subsidized parking spaces for State employees.
Law· SS. 1281 (96th)open
United States · United States Congress · 5 June 1979
Stipulates that the steamship United States may operate in the domestic and foreign commerce of the United States and between foreign ports.
Bill· SS. 1283 (96th)referred
United States · United States Congress · 5 June 1979
Authorizes the Secretary of the Army, through the Chief of Engineers, to construct a channel improvement project for the Saw Mill Run at Pittsburgh, Pennsylvania, in accordance with the recommendations of the District Engineer and the Department of Army report.
Bill· SS. 1286 (96th)referred
United States · United States Congress · 5 June 1979
Emergency Rail Assistance Act of 1979 - Title I: Emergency Rail Services Financial Assistance - Removes the requirement that a trustee certificate issued by a railroad which filed for bankruptcy after October 1, 1977, be treated as an expense of administration and receive the highest lien on the railroad's property and priority in payment before the Secretary of Transportation may guarantee such a certificate. Title II: Directed Service - Stipulates that in the event that the Interstate Commerce Commission directs a rail carrier to continue unprofitable service or to continue discontinued service the amount of payments made to the carrier shall not include a profit margin. Requires the Commission in such an event to assure that there is no erosion of the assets of the directed carrier for such service. Title III: Rehabilitation and Improvement Financing - Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to remove the requirement that the Secretary consider whether a proposed railroad rehabilitation and improvement financing project will return public benefits sufficient to justify its cost in determining whether to provide funding for such a project.
Bill· HRH.R. 4304 (96th)referred
United States · United States Congress · 5 June 1979
Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to take whatever steps are necessary, including research and development, to promulgate standards for an airborne collision avoidance system for all United States aircraft, both civil and military, to improve aviation safety. Requires the Secretary to promulgate such regulations within one year. Sets forth certain requirements with respect to such system which the Secretary shall include in such regulations.