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Bill· HRH.R. 2498 (101st)open
United States · United States Congress · 25 May 1989
Intermodal Shipping Act of 1989 - Title I: Definitions and Application - Sets forth definitions for purposes of this Act. Declares that this Act applies to the transportation, storage, and handling of property for Federal, State, and local governments, and for charitable purposes, but not to intrastate commerce, nor to certain transportation not included in the coastwise trade. Specifies how this Act applies to: (1) the Federal Maritime Commission's jurisdiction or authority with regard to certain through rates; (2) maritime labor agreements; and (3) assessment agreements. Title II: General Authority of the Commission - Authorizes the Federal Maritime Commission to exempt any class of agreements or any specified activity from a requirement of this Act if certain conditions are met. Provides for: (1) the use of subpoenas and discovery in an investigation or adjudicatory proceeding under this Act; (2) assessment by the Commission of civil penalties for violations under this Act; (3) investigation by the Commission of any conduct or agreement the Commission believes may be in violation of this Act; (4) procedures in connection with a sworn complaint alleging a violation; (5) reparations awards; (6) issuance of orders by the Commission; (7) enforcement by civil court action of subpoenas and nonreparation orders; (8) final decision time requirements; (9) enforcement by civil court action of reparation orders; and (10) a fee or charge for a service or thing of value provided by the Commission. Requires such fees collected by the Commission for a service or thing provided by the Coast Guard to be deposited in the general fund of the Treasury as proprietary receipts of the Commission and ascribed to Commission activities. Title III: General Filing Requirements - Requires the Commission to mandate that the chief executive officer of each domestic commerce common carrier and domestic ocean freight forwarder that is subject to this Act, and authorizes the Commission to require any broker, consignor, consignee, marine terminal operator, or shipper subject to this Act, to file periodic, written certifications: (1) that such entity has a policy of prohibiting a rebate that is unlawful under this Act; and (2) concerning related efforts to prevent or correct unlawful rebating. Authorizes the Commission to require a domestic commerce common carrier, a domestic ocean freight forwarder, a domestic ocean terminal operator, or an officer, receiver, trustee, lessee, agent, or employee of such entities to file with the Commission a record, rate, or periodic or special report related to the business of the entity or person. Requires each domestic commerce common carrier to provide evidence of financial responsibility, in an amount set by the Commission, but not less than a specified sum, for damages to indemnify persons for not providing the transportation for which the carrier is liable. Title IV: Agreements - Declares that the antitrust laws do not apply to certain types of agreements, activities, or rates including, in certain circumstances, agreements or activities prohibited by this Act. Specifies types of agreements and discussions for which these provisions do not provide antitrust immunity. Prohibits a person from recovering damages or obtaining an injunction under specified provisions of the Clayton Act for conduct prohibited by this Act. Applies these antitrust provisions to a domestic ocean common carrier in which a State has certain types of ownership, control, or other specified rights. Requires, on request of the Commission, a domestic ocean common carrier, a domestic ocean freight forwarder, or a domestic ocean terminal operator that is a party or conforms to an agreement with another carrier, forwarder, or operator, to file with the Commission a copy or memorandum of the agreement. Declares that this Act applies to an agreement among marine terminal operators and among at least one such operator and at least one ocean common carrier to engage in an exclusive, preferential, or cooperative arrangement. Requires the Commission to: (1) submit a notice of the filing to the Federal Register for publication; and (2) reject an agreement that the Commission finds to be discriminatory or unreasonable or to be in violation of this Act. Prohibits the Commission from limiting an agreement to a fixed term. Declares that if, after an agreement is filed or becomes effective, the Commission decides that the agreement is likely, by reducing competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, the Commission may bring a civil action under specified provisions of this Act. States that the civil action is the Commission's sole remedy in such circumstances. Allows the Commission, in certain circumstances, to disapprove, cancel, or change the agreement. Makes unlawful any agreement that is disapproved or not approved by the Commission. Exempts information filed with the Commission under specified provisions of this Act, subject to exception, from certain provisions of the Freedom of Information Act and prohibits its disclosure except in an administrative or judicial proceeding. Title V: Rates and Tariffs - Requires each domestic commerce common carrier to establish, observe, and enforce reasonable rates, classifications and tariffs, and rules and practices. Requires, except for bulk cargo, each domestic commerce common carrier to file with the Commission each of its tariffs containing its rates, classifications, rules, and practices with respect to its own route and any established through route. Sets forth requirements for a tariff under these provisions. Regulates the time at which a new or initial rate or a change in an existing rate becomes effective. Allows the Commission to reject a tariff that does not comply with this Act. Declares a rejected tariff void, and its use unlawful. Requires the Commission to: (1) publish annually an unadjusted benchmark for domestic ocean common carriers based on the return on total capital for U.S. manufacturing companies for the previous five years; and (2) maintain guidelines for determining reasonable adjustments to the benchmark. Requires each domestic ocean common carrier to file annually with the Commission a report including, with regard to a trade, that carrier's gross revenues, volume, and allocated capacity. Authorizes the Commission to exempt such a carrier, based on market share, degree of concentration, and amount of excess capacity, from requirements of this Act relating to establishing and enforcing reasonable rates. Allows the Commission to revoke an exemption for cause shown. Lists factors the Commission may consider. Prohibits the Commission from exempting such carriers in which a State has certain types of ownership, control, or other specified interests. Exempts a nonvessel-operating common carrier from such reasonable rate requirements of this Act. Authorizes the Commission, on protest from the Attorney General of an affected State, to begin a proceeding on any proposed or filed rate, classification, rule, or practice. Authorizes the Commission, when it finds a rate, classification, tariff, rule, or practice is unreasonable, to determine and order enforced a reasonable maximum or minimum, or maximum and minimum, rate or a reasonable classification, tariff, rule, or practice. Declares that, when a domestic commerce common carrier files a new tariff containing certain elements, the Commission may order the proceeding only after publishing detailed reasons why the proceeding is necessary and specific issues to be resolved, plus giving notice to interested carriers. Deems reasonable a general increase in rates resulting in a rate of return or profit that is not more than the adjusted benchmark for that carrier. Authorizes the Commission, subject to exception, to suspend a proposed rate, classification, rule, or practice for a limited time pending final Commission action in a proceeding. Sets forth: (1) time periods for hearings and initial and final decisions; and (2) rules regarding the burden of proof. Provides that: (1) the Commission may issue any order on a rate, classification, rule, or practice involved in a proceeding, after a full hearing, that the Commission could have issued in a proceeding begun after the rate, classification, rule, or practice had become effective; and (2) if the Commission does not meet the deadline for a final decision, the proposed rate, classification, rule, or practice shall be considered reasonable. Authorizes the Commission, if it is unable to issue a final decision by the deadline because of delays directly attributable to the proposing carrier, to disapprove the proposal. Authorizes the Commission to order a refund, plus interest, of any part that is found unreasonable of a general rate increase. Allows the Commission, on application of a carrier or shipper, to permit a domestic commerce common carrier to refund a part of the freight charges collected, or waive collecting a part of the charges, if: (1) there is an error; (2) the refund or waiver will not result in discrimination among shippers, ports, or carriers; and (3) other conditions are met. Sets forth additional tariff requirements for domestic ocean common carriers transporting more than sixteen passengers, including that the tariff must: (1) be printed plainly; (2) be conspicuously posted and readily accessible to the public for convenient inspection; (3) have specified contents; and (4) meet other requirements. Authorizes the Commission to reject a tariff that does not comply with this Act. Declares a rejected tariff void, and its use unlawful. Requires each domestic ocean freight forwarder and domestic ocean terminal operator to establish, observe, and enforce reasonable rules and practices related to receiving, handling, storing, and delivering property. Authorizes the Commission, when it finds a rule or practice of such a forwarder or operator unreasonable, to determine and order enforced a reasonable rule or practice. Requires, notwithstanding another law, rates for barging and affreighting containers or containerized property by barge between places in the United States to be filed only with the Commission in certain circumstances. Declares that the marine terminal operator providing services under these provisions is subject to this Act. Title VI: Domestic Ocean Freight Forwarders - Allows a person to act as a domestic ocean freight forwarder only if that person holds a domestic ocean freight forwarder's license issued by the Commission. Requires the Commission to issue a forwarder's license to a person that is qualified and provides a bond to insure financial responsibility. Allows a person whose primary business is the sale of merchandise to forward shipments of the merchandise for its own account without a forwarder's license. Requires the Commission to suspend or revoke a license if the Commission finds that the forwarder is not qualified or knowingly did not comply with this Act or an order of the Commission. Allows the Commission to revoke a license for failure to maintain a bond. Allows a domestic commerce common carrier to compensate a domestic ocean freight forwarder for a shipment dispatched for others only when the forwarder has certified that it holds a forwarder's license and has provided specified services. Prohibits such carrier from paying more than once for the same shipment. Prohibits: (1) such forwarder from receiving compensation for a shipment in which the forwarder has any beneficial interest; and (2) such carrier from knowingly paying compensation on that shipment. Allows compensation to be paid to such forwarder only as provided under the tariff requirements of this Act. Title VII: Enforcement - Authorizes the Commission to bring a civil action to enjoin conduct in violation of this Act or to enjoin the operation of an agreement filed under specified provisions of this Act. Provides for temporary restraining orders, preliminary injunctions, and, in the case of agreements, permanent injunctions. Allows the Commission to bring a civil action about, and a specified court to order compliance with, a request of the Commission for additional information and documents relating to an agreement. Allows a person who has, under specified provisions of this Act, filed a sworn complaint alleging a violation of this Act, to bring a civil action to enjoin conduct by a defendant in violation of this Act. Requires a prevailing defendant to be allowed reasonable attorney fees. Authorizes the Commission to represent itself in an action under this Act: (1) in a U.S. district court, on notice to the Attorney General; and (2) in a U.S. court of appeals, with the approval of the Attorney General. Title VIII: Prohibitions and Penalties - Lists actions which are prohibited to a domestic commerce common carrier and actions prohibited to a shipper or its subsidiary. Sets forth, for various classes of actors, civil monetary penalties and declares certain knowing violations to be class A misdemeanors. Allows the Commission, in the case of certain violations by a domestic commerce common carrier, to suspend any tariff of that carrier for a limited period. Declares that, when a domestic ocean common carrier reduces its rates for transporting any class of property in violation of specified provisions of this Act, the carrier may increase those rates only if the Commission finds that the increase is being proposed because of changed conditions except injuring the competitive carrier. Sets forth civil monetary penalties for influencing marine insurance rates for competitors, disclosing confidential shipper and consignee information, and violating specified financial responsibility provisions of this Act. Title IX: Miscellaneous - Amends the Shipping Act of 1984 to amend the definition of "common carrier" to include references to U.S. territories or possessions not included within the coastwise trade. Amends Federal law relating to transportation and interstate commerce to declare that specified provisions do not give the Interstate Commerce Commission (ICC) jurisdiction over water common carriers for transportation subject to regulation by the Federal Maritime Commission. Amends Federal law relating to the authority of the U.S. courts of appeals to review the rules, regulations, or final orders of the Federal Maritime Commission to remove references to specified provisions of the Shipping Act, 1916 and substitute references to specified provisions of this Act. Declares that, unless found otherwise in a proceeding brought under the Shipping Act, 1916 or the Intercoastal Shipping Act, 1933, a rate, classification, tariff, rule, or practice that was filed with the Commission before the effective date of this Act is deemed reasonable under specified provisions of this Act. Repeals, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this Act, the Intercoastal Shipping Act, 1933 and specified provisions of the Shipping Act, 1916. Authorizes the Commission to prescribe interim rules and regulations to carry out this Act. Exempts the Commission, for such purposes, from specified provisions of Federal law relating to notice and comment requirements. Sets forth an expiration period for the interim rules and regulations.
Bill· HRH.R. 2504 (101st)referred
United States · United States Congress · 25 May 1989
Great Lakes Maritime Trade Act of 1989 - Title I: Eligibility of Certain Reflagged Vessels in the Great Lakes to Carry Preference Cargoes - Exempts an American Great Lakes vessel (AGLV) from provisions of the Merchant Marine Act, 1936 which prohibit a vessel which is built or rebuilt outside the United States or documented under any foreign registry from being, for purposes of cargo preference provisions, a privately owned U.S.-flag vessel. Directs the Secretary of Transportation to designate a vessel to be an AGLV if it meets certain requirements regarding U.S. documentation and if the owner enters into a construction and purchase agreement specifying that: (1) all repair, maintenance, reconditioning, and other construction (except emergency repairs) shall be performed in the United States; and (2) if the designation is revoked or terminated under provisions of this Act, the United States shall have an exclusive right to purchase the vessel under specified price terms. Declares that, notwithstanding any law, if the United States does not purchase the vessel, the owner shall not be prohibited from transferring the vessel to a foreign registry or selling it to a non-U.S. citizen. Prohibits an AGLV, except during the Great Lakes shipping off-season, from engaging in trade: (1) from a non-Great Lakes U.S. port; (2) between U.S. ports; or (3) between Great Lakes U.S. ports and Great Lakes Canadian ports. Directs the Secretary of Transportation to revoke the designation of a vessel as an AGLV on determining that the vessel does not meet a requirement for the designation, it has been operated in violation of this title, or the owner has violated a construction and purchase agreement under this title. Terminates an AGLV designation three years after the date of the designation or on an earlier date as may be requested by the vessel owner. Title II: Great Lakes Maritime Passage Enhancements - Amends the Merchant Marine Act, 1936 to extend indefinitely, with regard to certain cargo preference provisions, the requirement that the Secretary of Transportation take steps to preserve the percentage share, or metric tonnage of bagged, processed, or fortified commodities experienced in calendar year 1984, of waterborne cargoes exported from Great Lakes ports pursuant to specified provisions of the Agricultural Trade Development and Assistance Act of 1954. Directs the Secretary of the Army, notwithstanding specified requirements of the Water Resources Development Act of 1986, to initiate and complete the design, planning, and engineering of the Sault Sainte Marie lock project. Extends the authorization of such project to the end of FY 1993. Directs the Secretary of State to: (1) initiate discussions with Canada to eliminate all tolls on the Great Lakes and the Saint Lawrence Seaway; and (2) report to the Congress, by January 1, 1990, regarding those efforts, any results, and recommendations for further action. Declares that it is the sense of the Congress that: (1) funding for icebreaking capability in the Great Lakes should be maintained at a level sufficient to ensure passage under any conditions which may reasonably be expected to occur during the Great Lakes shipping season; and (2) it is essential to maintain in the Great Lakes an icebreaking vessel with horsepower and beam equivalent to those of the Coast Guard cutter Mackinaw.
Resolution· HRESH.Res. 162 (101st)referred
United States · United States Congress · 25 May 1989
Expresses the sense of the House of Representatives that the resolution of its labor dispute and the restoration of Eastern Airlines to full operations under new ownership and management would foster the goals of airline deregulation and serve the interests of its creditors, customers, employees, and the communities it serves.
Bill· HRH.R. 2488 (101st)open
United States · United States Congress · 24 May 1989
Requires the Administrator of the Federal Aviation Administration (FAA) to notify any foreign air carrier that does not comply with the security plan the Administrator has accepted for it, recommending the necessary compliance steps. Directs the Administrator to inform the Secretary of State (Secretary) whenever he or she determines that such foreign air carrier has failed to take corrective action. Requires the Secretary to issue a travel advisory with respect to any foreign air carrier that fails to take such measures to comply with a security plan. Requires the Secretary to publish at least annually the names of those nations which are not signatories of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation and the Convention for the Suppression of Unlawful Seizure of Aircraft. Directs the Administrator to establish procedures to ensure that U.S. air carriers: (1) acknowledge receipt of a security bulletin; and (2) notify the FAA of any actions taken in response to such bulletin. Requires procedures for ascertaining the response of foreign air carriers to such bulletins. Expresses the sense of the Congress that the Secretary should seek bilateral and multilateral agreements which would require that foreign airports comply with FAA security bulletin procedures established for U.S. air carriers. Authorizes U.S. diplomatic security personnel, at the request of the Secretary of Transportation, to assist U.S. Department of Transportation personnel in monitoring the implementation of security measures by foreign air carriers. Sets forth guidelines for the distribution of FAA security bulletins at diplomatic and consular posts. Requires the Secretary to: (1) establish a program to facilitate telephone inquiries by next-of-kin about disasters that happen abroad which affect U.S. citizens; and (2) institute a program of training in crisis management for consular officers. Authorizes appropriations for the telephone inquiry program.
Bill· HRH.R. 2463 (101st)open
United States · United States Congress · 24 May 1989
Title I: General Provisions - Merchant Marine and Defense Act of 1989 - Sets forth congressional findings regarding the maritime industries and national defense. Declares that it is the policy of the United States to develop the necessary maritime resources to meet U.S. national defense and economic security requirements. Title II: Operating Differential Subsidy Reform - Amends provisions of the Merchant Marine Act, 1936 relating to the operating-differential subsidy (ODS) to: (1) allow the Secretary of Transportation, in determining whether to approve an application or revise a contract, to consider the availability of funding; and (2) prohibit the Secretary, in making such determinations, from making a distinction between persons already receiving such aid and new applicants. Revises the definition of "essential service" to include any operation determined by the Secretary to be necessary for national defense or for competitive and economical operation of U.S.-flag vessels in foreign commerce. Requires, for ODS aid, that a vessel be a militarily useful dry cargo vessel less than 20 years old and U.S.-documented. Directs the Secretary, notwithstanding any other law, to allow any qualified U.S. operator to qualify any militarily useful vessels for an ODS if the operator applies within one year of enactment of this Act, meets the requirements for such aid, and meets other requirements. Defines "qualified operator" to mean a U.S. citizen who owned, during the two years ending on the date of enactment of this Act, oceangoing vessels documented in the United States. Ends the Secretary's authority to determine suitable ocean routes and lines to foreign ports. Ends the ODS eligibility requirement that vessels be operating in an essential service. Directs the Secretary to designate ocean services, routes, and lines to not be essential services for purposes of ODS. Prohibits the Secretary from designating a route after two years after enactment of this Act unless operation on that route under an ODS is essential for national security. Repeals provisions excluding certain vessels from eligibility for an ODS. Reduces the maximum period for ODS contracts from 20 to ten years. Modifies the formula for determining the amount of ODS payments. Eliminates ODS coverage for insurance, maintenance and repair, and subsistence of officers and crews. Shields contracts in effect on the date of enactment of this Act from the changes until specified events occur. Changes the definition of "collective bargaining costs." Requires wage subsidies to be paid semimonthly rather than monthly. Prohibits the Secretary from entering into or making payments on ODS contracts for a dry cargo or dry bulk vessel that is more than 25 years old or a tanker vessel that is more than 20 years old. (Current law prohibits ODS payments for vessels that are more than 25 years old.) Directs the Secretary, in awarding and revising ODS contracts, to ensure that disruptions to parties to existing contracts are minimized. Provides for a reduction of ODS payments for a particular voyage in proportion to the amount of revenue payable under cargo preference provisions, subject to exception. Authorizes the Secretary to carry out ODS provisions so as to provide incentives for improving the efficiency of operation of vessels for which an ODS is paid. Allows the Secretary to authorize a contractor receiving an ODS for operations of a line haul vessel to own or operate certain foreign flag vessels that act as feeder vessels for that line hall vessel. Authorizes the Secretary, notwithstanding specified provisions, to enter into ODS contracts with U.S. citizens for the operation of any militarily useful vessel built in a foreign shipyard if the citizen has a foreign vessel acquisition right issued by the Secretary and if other requirements are met. Directs the Secretary to establish a program for the issuance of a foreign vessel acquisition right with respect to each oceangoing merchant vessel over a specified number of deadweight tons for which construction in the United States is started on or after enactment of this Act. Requires the program to provide for the assignment by the Secretary of the rights to any U.S. citizen. Requires amounts received as revenue under the program to be deposited in the Procure and Charter Shipyard Improvement Fund established under title XIV of the Merchant Marine Act, 1936 for use under that title. Declares that these provisions shall not be construed to authorize any vessel built or acquired outside the United States to engage in the coastwise trade. Authorizes the Secretary: (1) notwithstanding specified provisions, to enter into ODS contracts for one year after enactment of this Act with any qualified operator for the operation of any militarily useful vessel built in a foreign shipyard if the vessel meets certain requirements; and (2) on and after the date of enactment of this Act to enter into ODS contracts for operation of any vessels eligible for such subsidies by reason of these provisions, the contracts to be effective after the vessels are delivered and documented under U.S. laws. Amends the Merchant Marine Act, 1936 to modify the definition, for purposes of provisions relating to cargo preference, of the term "privately owned United States-flag commercial vessels" so as to allow certain foreign-built vessels to carry preference cargo, subject to limitation. Authorizes the Secretary, notwithstanding cargo preference limitations, to declare a foreign-built vessel eligible for preference cargo, if the Secretary is authorized to enter into an ODS contract with respect to that vessel and if other conditions are met. Title III: Procure and Charter Program - Part A: Design and Construction of Vessels and Improvement of Shipyards - Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a program under which amounts in the Procure and Charter Revolving Fund (Fund) must be used to: (1) fund contracts for the design in the United States of military useful merchant vessels; (2) fund contracts for the construction of such vessels in privately owned U.S. shipyards; and (3) provide assistance to such shipyards for improvements to equipment, systems, and techniques. Directs the Secretary to enter into contracts for the: (1) design and construction of prototypes of militarily useful merchant vessels; and (2) construction of militarily useful merchant vessels in accordance with such designs and prototypes. Sets forth vessel requirements, contractor eligibility requirements, and contract restrictions. Directs the Secretary to require that, as part of the contract, any person awarded a contract improve facilities and management systems of the person and achieve improvements in productivity and cost reductions through serial construction. Authorizes the Secretary to provide vessel construction contractors under these provisions financial assistance in an amount equal to one-half of the costs of improvements in vessel construction equipment, systems, and techniques to be used in carrying out the contract. Prohibits the assistance unless the Secretary determines that the assistance will result in reduced total costs and increased productivity in carrying out construction under these provisions. Limits the amount of the assistance. Authorizes appropriations from the fund as necessary for constructing an average of 12 vessels in each of the FY 1989 through 2000. Part B: Vessel Charter and Sale - Directs the Secretary to establish a program for the chartering and disposing of vessels constructed under part A of this title. Authorizes the Secretary to enter into contracts with any eligible person for the charter by the person of such vessels. Sets forth charter contract terms. Directs the Secretary, as a condition of a contract, to require: (1) a deposit to ensure the faithful performance of all requirements of the contracts, including indemnity against liens on the vessel; and (2) insurance at the expense of the person entering into the contract. Sets forth contracting procedures. Allows the Secretary to terminate a contract: (1) on a presidential proclamation that termination is required for national defense; and (2) during a national emergency declared by the President. Directs the Secretary, in chartering vessels, to avoid conferring any unfair advantage on a charterer. Authorizes the Secretary of Transportation (Secretary) and the Secretary of Defense to contract for the charter of any vessel constructed under part A of this title, for use by the Department of the Navy, at rates determined by the Secretary (but not less than the prevailing commercial rate) for not more than two years. Authorizes the Secretary of Defense to contract with any private person to subcharter any vessel constructed under part A, unless the operation of the vessel under that contract will adversely affect the commercial operation of a vessel documented under U.S. laws. Authorizes the Secretary of Transportation (Secretary) to sell or otherwise dispose (including by transfer to the National Defense Reserve Fleet) of a vessel constructed under this title if the vessel is not under contract and no reasonable contract offers have been received, and if other conditions are met. Mandates that the Secretary require as compensation for a vessel sold or disposed of an amount at least as much as the U.S. cost in constructing the vessel, less depreciation. Directs the Secretary, in disposing of vessels, to avoid conferring any unfair advantage on any person who acquires the vessel. Authorizes the Secretary to dispose of a vessel to any person for purposes of scrapping the vessel. Part C: Procure and Charter Revolving Fund - Establishes in the Treasury the Procure and Charter Revolving Fund, to consist of amounts deposited in and transferred to the Fund under these provisions. Directs the Secretary of the Treasury to: (1) deposit in the Fund all proceeds of charters, sales, and disposals under part B of this title, all duties under specified provisions of the Tariff Act of 1930, all proceeds of issuance of foreign vessel acquisition rights under provisions of the Merchant Marine Act, 1936 as amended by this Act, and interest on such amounts; and (2) transfer to the Fund, for each of the FY 1990 through 2000, any difference between the deposited amounts and the amount authorized to be appropriated under part A of this title. Makes amounts in the Fund available to the Secretary for vessel design and construction and shipyard assistance. Terminates the Fund, with the balance reverting to the general fund of the Treasury, upon a finding by the Secretary that amounts in the Fund plus anticipated receipts are insufficient for funding construction contracts. Mandates deposit in the general fund of the Treasury of any amounts received after termination of the Fund. Part D: General Provisions - Directs the Secretary to: (1) submit an annual report to the Congress regarding matters under this title; and (2) issue regulations to carry out this title. Title IV: Simplification of Procedure for Long-Term Military Leases - Amends Federal law to exempt noncombatant oceangoing vessels from provisions relating to authorization required for certain long-term leases of vessels and aircraft by military departments. Directs the Secretary of Defense to submit an annual report to specified committees of the Congress describing each case in which the Department of the Navy is seeking, or considering seeking, to enter into a long-term charter of an oceangoing vessel under the provisions amended by this title. Title V: Vessel Prototype Design and Construction Program - Directs the Secretary of Transportation to: (1) establish a program for the design and construction of dry and liquid cargo vessel prototypes and troop carrying vessel prototypes; (2) establish guidelines for such design and construction; and (3) conduct a series of competitions for the selection of designs for vessel prototypes. Sets forth design criteria. Authorizes the Secretary to contract for the production of vessel prototype designs. Directs the Secretary to encourage such cooperation between naval architecture firms and ship building firms as may facilitate the use of modern production techniques. Directs the Secretary to contract for the construction in private U.S. shipyards of one of each vessel prototype design. Sets forth criteria for selection of shipyards. Directs the Secretary to base contract awards, to the maximum extent practicable, on consideration (in addition to other considerations required by law) of maintaining the U.S. ship building mobilization base. Requires prototypes constructed under this title to be chartered or otherwise disposed of under the program established under part B of title III of this Act. Requires information obtained through the design and construction of prototypes to be made available to private shipyards and ship suppliers. Title VI: Federal Ship Mortgage Insurance - Amends the Merchant Marine Act, 1936 to exclude from the definition of "vessel," as used in provisions relating to Federal ship mortgage insurance: (1) any vessel used primarily for offshore exploration or exploitation of petroleum; and (2) barges, tugs, towboats, and workboats. Title VII: Tax Incentives for Modernization of U.S. Shipyards - Amends provisions of the Merchant Marine Act, 1936 and the Internal Revenue Code regarding tax incentives and relating to merchant marine capital construction funds to define "reconstruction" to include general repairs to a qualified vessel to the extent that their costs exceeds a specified amount. Adds references to shipyards to the same provisions of both Acts. (Current law provides the incentives only for certain vessels and related barges or containers.) Amends the Internal Revenue Code to add qualified vessels and qualified shipyards to the list of exceptions to the termination of the regular percentage, for purposes of determining the amount of the investment tax credit. Restores, for such vessels and shipyards, the depreciation schedule which was in effect on the day before the enactment of the Tax Reform Act of 1986. Title VIII: Tariff and Trade Reform for Vessel Construction and Operation - Amends the Tariff Act of 1930 to impose, when purchased or performed in a foreign country, an ad valorem duty on: (1) modifications and permanent additions to the hull, fittings, or superstructure of a vessel, including inspections required by the classifications societies, insurers, and governmental entities; and (2) vessel drydocking and all services necessary for drydocking. Excluding emergency repairs from imposition of such duty. Relieves the owner or operator of a vessel from liability for the duty if the owner or operator elects to spend, in a shipyard in the United States within five years, for equipment, repair parts or materials, or repairs, a cumulative amount at least equal to the duty. Makes an owner or operator who fails to so spend liable for the duty plus accrued interest. Requires amounts received as a duty to be deposited into the Procure and Charter Revolving Fund established by this Act. Title IX: Expansion of Cargo Reserved for U.S. Vessels - Amends cargo preference provisions of the Merchant Marine Act, 1936 to require that 100 percent of the agricultural and nonagricultural ocean-borne cargoes generated by the U.S. Government, including cargoes generated as a result of a foreign aid cash transfer program, be transported on privately owned U.S.-flag commercial vessels, subject to exception. (Current law requires that 50 percent of nonagricultural and 25 percent of certain agricultural commodities be transported on U.S.-flag commercial vessels.) States that, in authorizing a vessel which is not U.S.-registered to transport any cargo which is foreign assistance subject to the provisions being amended, the Secretary of Transportation must require that 50 percent of the cargo be transported on U.S.-registered vessels and the remainder on vessels registered in the country receiving the assistance. Title X: Increasing Defense Readiness of United States Merchant Marine - Amends the Merchant Marine Act, 1936 to direct the Secretary of Transportation, before approving any assistance under such Act for the construction of a vessel intended for use in the coastwise trade, to submit the plans to the Secretary of Defense for review and approval. Directs the Secretary of Defense to either: (1) certify that the plans are suitable for construction of a vessel which is capable of economical and expeditious conversion to use during war or national defense emergency; or (2) request changes in the plans necessary to enable that conversion. Directs the Secretary of Transportation, subject to appropriations, to pay to a person constructing a vessel in the United States after enactment of this Act to be operated in the coastwise trade, before construction begins, the costs of: (1) constructing any national defense features; (2) maintaining the features for 15 years; (3) additional operating expenses because of the features during that period; and (4) lost revenue during that period because of reduced cargo space. Declares that it is the sense of the Congress that: (1) rates paid by the Department of Defense for the carriage of ocean-borne cargoes should fully compensate the vessel owner and could be based on established commercial rates; and (2) contracts for such carriage should be awarded, compatible with sound business practice (including cost minimization), so as to enhance the strategic sealift capabilities of the U.S.-flag commercial merchant fleet. Prohibits the Department of Defense, subject to exception and after enactment of this Act, from entering into any contract for carriage of cargoes on a vessel which was: (1) not U.S.-built; or (2) documented in the United States after enactment of this Act. Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a national maritime industries research and development program to carry out commercial water-borne and commercial intermodal transportation and strategic sealift-related research and development. Makes the Secretary responsible for administering the program and lists areas which must be included in the program. Directs the two Secretaries to jointly establish the Maritime Research and Development Advisory Board. Directs the Secretary, as a condition of a research and development project under these provisions, to require that private industry pay a portion of the cost of the project. Limits the Federal share to 66 percent and the non-Federal share to a specified dollar amount for each fiscal year. Authorizes appropriations for FY 1991 through 2001. Title XI: Maritime Labor Reform - Repeals provisions of Federal law relating to merchant mariners' documents. Authorizes the Secretary of Transportation, notwithstanding any law, to issue regulations to: (1) allow performance of both deck and engine duties on vessels by qualified personnel; (2) establish the numbers and qualifications of the crew and the watch on vessels; (3) create and keep current licensed and unlicensed personnel ratings; and (4) govern the requirements and standards for documentation of licensed and unlicensed personnel of vessel crews. Directs the Secretary to conduct a study and report to the Congress regarding methods for reducing allowable compensation for port and shipyard workers' injuries and disabilities under the Longshoremen's and Harbor Workers' Compensation Act to a level comparable to other industrial occupations. Title XII: Miscellaneous - Directs the Secretary of State, the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Federal Maritime Commission, and the U.S. Trade Representative to jointly submit an annual report to the Congress regarding unfair foreign trade practices that affect the U.S.-flag merchant marine and maritime industries. Directs the Secretary of Defense to submit an annual report to the Congress regarding specified current and projected maritime defense matters. Directs the Secretary of Transportation to include certain information in an annual report to the Congress required by specified provisions of the Merchant Marine Act, 1936.
Bill· HRH.R. 2471 (101st)referred
United States · United States Congress · 24 May 1989
Makes appropriations for the operation of the Smyrna Air Traffic Control Tower at Smyrna Airport in Smyrna, Tennessee.
Bill· HRH.R. 2453 (101st)open
United States · United States Congress · 23 May 1989
Amends Federal law relating to merchant seamen licenses, including licenses as masters, mates, engineers, pilots, operators, and radio officers, to prohibit the Secretary of the Department in which the Coast Guard is operating from issuing or renewing a license, and to require the Secretary to suspend or revoke a license issued, to an individual who the Secretary determines is a current or chronic abuser of alcohol or who fails to make available to the Secretary all information contained in the National Driver Register regarding that individual's motor vehicle driving record. Directs the Secretary to conduct investigations to determine if an individual who holds a license issued by the Secretary is a current or chronic abuser of alcohol if the Secretary receives information regarding any alcohol-related misconduct of the individual or that the individual has been found guilty of an alcohol-related infraction resulting in suspension or revocation of a motor vehicle operator license. Authorizes the Secretary to request an individual who holds a license issued by the Secretary to make available to the Secretary all information contained in the National Driver Register regarding the motor vehicle driving record of that individual. Prohibits the Secretary from terminating a license suspension until the individual provides sufficient proof that the individual is no longer a current or chronic abuser of alcohol. Amends the National Driver Register Act of 1982 to authorize applicants for and holders of such licenses to request the chief State driver licensing official to transmit to the Secretary information regarding such applicants' or holders' motor vehicle driving records. Prescribes the use of such information by the Secretary. Precludes access to information that was entered more than five years before the date of request unless it relates to revocations or suspensions which are still in effect on the date of request.
Bill· HRH.R. 2446 (101st)referred
United States · United States Congress · 23 May 1989
Seagoing Anti-Discriminatory Treatment Act - Amends Federal law to prohibit a member of the Coast Guard from engaging in hazing. Provides for enforcement. Amends the Merchant Marine Act, 1936 to prohibit an individual involved in maritime education or training from engaging in hazing. Defines "individual involved in maritime education and training" to mean individuals associated with the U.S. Merchant Marine Academy or with a State or regional maritime academy or training institution receiving Federal cooperation or assistance under provisions of such Act relating to maritime education and training. Provides for enforcement, including requiring the Secretary of the department in which the Coast Guard is operating, if the Secretary finds that a violation has occurred, to withdraw all assistance and cooperation under such provisions unless the individuals engaged in hazing are permanently separated from the institution. Amends Federal law to remove references to the merchant marine from a list of exemptions to provisions prohibiting discrimination on the basis of sex under any education program or activity receiving Federal financial assistance. Amends provisions of Federal law relating to protection and relief of merchant seamen to require an individual in charge of a U.S. vessel engaged in commerce to report to the Secretary of the department in which the Coast Guard is operating a complaint of a sexual offense prohibited under provisions of Federal criminal law relating to sexual abuse. Amends Federal law relating to vessels and seamen to prohibit a seaman from engaging in hazing onboard a U.S. vessel. Amends the Magnuson Fishery Conservation and Management Act to make it unlawful to assault or interfere with an observer on a vessel under the Act. Adds such actions to provisions listing criminal offenses and their punishments.
Law· SS. 1077 (101st)enacted
United States · United States Congress · 18 May 1989
Authorizes the President, notwithstanding other provisions of law and acting by and with the advice and consent of the Senate, to appoint Admiral James B. Busey to the Office of Administrator of the Federal Aviation Administration. Declares that the appointment shall in no way affect his status which he shall hold as an officer on the retired list of the U.S. Navy, except to the extent that Federal dual pay and dual employment provisions affect the amount of retired pay.
Bill· SS. 1065 (101st)referred
United States · United States Congress · 18 May 1989
Authorizes the Secretary of Transportation to carry out a highway project to construct a bridge across the Missouri River to improve the flow of traffic between Nebraska and South Dakota, relieve present and projected traffic burdens on existing highway networks, and improve economic development of the area. Authorizes appropriations for FY 1991 through 1992. Specifies the Federal and State shares of the project.
Bill· SS. 1043 (101st)referred
United States · United States Congress · 18 May 1989
Aviation Security and Terrorism Commission Act of 1989 - Establishes the Commission on Aviation Security and Terrorism to investigate events leading up to and surrounding the destruction of Pan American World Airways flight 103 on December 21, 1988, and the destruction of Korean Air Lines flight 007 on August 31, 1983. Terminates the Commission 30 days after it makes required reports.
Bill· SS. 1050 (101st)referred
United States · United States Congress · 18 May 1989
Federal Rail Safety Enforcement Improvement Act of 1989 - Amends the Federal Railroad Safety Act of 1970 (the Act) to require the Secretary of Transportation, acting through the Federal Railroad Administration, to investigate thoroughly each accident or incident involving a collision or derailment of a train if it resulted in or caused the release of hazardous materials, or resulted in a fatality or personal injury requiring at least outpatient care. Requires imposition of a civil penalty for any noncompliance with safety rules that has similar results. Directs the Secretary to issue rules and regulations requiring each railroad to report to the Secretary annually on its operations during the preceding year. Authorizes the Secretary to waive such requirement if the cost of compliance would outweigh any safety benefits. Increases the minimum penalty for violations of such Act from $250 to $500. Authorizes appropriations for the National Academy of Sciences to study the railroad track designing process.
Bill· HRH.R. 2414 (101st)open
United States · United States Congress · 18 May 1989
Permits States to grant waivers of application of the Commercial Motor Vehicle Safety Act of 1986 with respect to farm vehicles whether or not such vehicles are operating within 150 miles of the farm.
Bill· HRH.R. 2417 (101st)open
United States · United States Congress · 18 May 1989
Pipeline-Hazardous Waste Anti-Dumping Act of 1989 - Amends the Hazardous Liquid Pipeline Safety Act of 1979 to direct the Secretary of Transportation to prohibit, by regulation, with specified exceptions, the tending for transportation in crude oil pipeline facilities of any used oil, waste oil, solvent, salt, metal, chemical (including chlorinated or oxygenated hydrocarbons), or other substance determined to pose an unreasonable threat of damage or injury to pipeline facilities, human beings, or the environment.
Bill· HRH.R. 2430 (101st)open
United States · United States Congress · 18 May 1989
Amends the Hazardous Liquid Pipeline Safety Act of 1979 to direct the Secretary of Transportation to issue regulations requiring operators of pipeline facilities to: (1) assess periodically the integrity of all such facilities through hydrostatic testing or other methods; or (2) reduce their maximum operating pressure to a level that ensures an appropriate margin of safety. Requires the assessment within one year after enactment of this Act of all pipeline facilities constructed of pipe manufactured by electric resistance weld process before April 1, 1970, which have not previously been hydrostatically tested. Requires that pipeline facilities operators be trained to recognize and react appropriately to abnormal operating conditions (including spills) which may indicate a dangerous situation. Directs the Secretary to study and report to the Congress on advanced hazardous liquid pipeline facility leak detection equipment and techniques.
Bill· HRH.R. 2404 (101st)referred
United States · United States Congress · 18 May 1989
Authorizes the Secretary of Transportation to carry out a highway project to construct a bridge across the Missouri River to improve the flow of traffic between Nebraska and South Dakota and relieve present and projected traffic burdens on existing highway networks. Authorizes appropriations for FY 1991 through 1992. Specifies the Federal and State shares of the project.
Bill· SS. 1005 (101st)open
United States · United States Congress · 16 May 1989
Requires the approval of the Interstate Commerce Commission for the acquisition of control of a Class I railroad carrier by a non-carrier, the result of which may produce a significant deterioration of service by such carrier or increase the debt of the acquired carrier and adversely affect its ability to provide adequate service consistent with the public interest.
Bill· SS. 1007 (101st)open
United States · United States Congress · 16 May 1989
National Highway Fatality and Injury Reduction Act of 1989 - Directs the Secretary of Transportation to withhold a certain percentage of Federal-aid highway funds from apportionment to any State where it is lawful to: (1) operate or ride a motorcycle without wearing a motorcycle helmet; or (2) occupy a front seating position in a passenger car without using a safety belt or child safety restraint while the vehicle is in forward motion. Provides that such funds shall remain available to such State according to certain guidelines. Directs the Secretary to make grants to States which adopt and implement effective programs to increase traffic safety by ensuring that persons riding on motorcycles wear helmets and receive adequate rider training and that persons riding in other motor vehicles not only use safety belts and child safety restraints but use them correctly. Specifies that such grants may only be used by recipient States to implement and enforce such programs. Declares that such grants may not be made unless the State enters into agreements with the Secretary to ensure that its aggregate expenditures for motorcycle and child passenger safety programs and safety belt programs will be maintained at or above the average level of such expenditures for the two fiscal years preceding this Act's enactment. Provides that States may receive such grants for not more than three fiscal years. Sets forth eligibility criteria. Authorizes appropriations for FY 1991 through 1993 out of the Highway Trust Fund.
Bill· HRH.R. 2365 (101st)referred
United States · United States Congress · 16 May 1989
Airport Security Technology and Research Act of 1989 - Amends the Airport and Airway Improvement Act of 1982 to authorize appropriations for research and evaluation of aviation and airport security projects and activities.
Bill· HRH.R. 2364 (101st)open
United States · United States Congress · 16 May 1989
Amtrak Reauthorization and Improvement Act of 1989 - Amends the Rail Passenger Service Act to authorize appropriations for FY 1989 through 1992. Amends Federal law regarding State and local income tax withholding to provide that: (1) a railroad employee's compensation shall be subject only to the income tax laws of his or her State of residence; and (2) a rail carrier withholding such employee's pay shall file income tax information only with that State of residence. Amends the Rail Passenger Service Act to mandate that Amtrak passenger trains provide separate, non-smoking cars upon passenger request.
Bill· HRH.R. 2343 (101st)referred
United States · United States Congress · 15 May 1989
Declares that control of a class I rail carrier may be acquired, with the approval of the Interstate Commerce Commission, by a person that is not a carrier.
Bill· SS. 984 (101st)referred
United States · United States Congress · 12 May 1989
Automobile Fuel Economy Act of 1989 - Amends the Motor Vehicle Information and Cost Savings Act to increase the corporate average fuel economy standard by increments from 27.5 miles per gallon in model year 1989 to 34 miles per gallon in model year 1996. Sets forth (anti-backsliding) penalties for any manufacturer which fails to achieve for any model year beginning on 1991 an average fuel economy at least equal to that in at least one of the two preceding model years. Raises the civil penalty for noncompliance with average fuel economy standards from $5 per tenth mile to $10 per tenth mile. Requires the Secretary of Transportation to double the otherwise applicable penalty for any manufacturer which exhibits a pattern of noncompliance, beginning with model year 1990. Directs the Secretaries of Transportation and of Energy to report to the Congress on the availability of existing fuel-saving technologies and the potential for developing such technologies by the year 2000 for light duty passenger vehicles. Directs the Administrator of the Environmental Protection Agency to report to the Congress on the accuracy and reliability of its fuel economy testing procedures.
Bill· HRH.R. 2321 (101st)open
United States · United States Congress · 11 May 1989
Amends the Federal Aviation Act of 1958 to prohibit a person from acquiring control of an air carrier unless the Secretary of Transportation finds that such acquisition would not result in an increase in the carrier's debt-to-equity ratio to a level greater than one-to-one. Declares that the Secretary may approve an acquisition of control of an air carrier which would result in a debt-to-equity ratio increase to a level greater than one-to-one if the Secretary finds that: (1) such air carrier would continue to be fit, willing, and able following such acquisition; and (2) such acquisition would not be to the detriment of the public interest.
Bill· HRH.R. 2339 (101st)referred
United States · United States Congress · 11 May 1989
Railroad User Fee Act of 1989 - Amends the Federal Railroad Safety Act of 1970 to require the Secretary of Transportation to establish a schedule of fees to be assessed to railroads to fund administrative costs of Federal railroad safety and noise control laws.
Bill· HRH.R. 2326 (101st)referred
United States · United States Congress · 11 May 1989
Bridge Administration Transfer Act - Transfers from the Secretary of Transportation to the Secretary of the Army, with specified exceptions, the administration of bridges and causeways over navigable waters, including all related authority, functions, and duties. Makes such transfer effective within one year of this Act's enactment. Makes conforming amendments to the Rivers and Harbors Appropriations Act of 1899, the Bridge Act of 1906, the Truman-Hobbs Act, the General Bridge Act of 1946, and the International Bridge Act of 1972. Directs the Secretary of the Army to submit to the Congress a compilation of Federal laws relating to waterway structure administration.
Law· SS. 963 (101st)enacted
United States · United States Congress · 10 May 1989
Route 66 Study Act of 1989 - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to undertake a comprehensive study of U.S. Route 66. Specifies that such study shall include: (1) an evaluation of the significance of the Route; (2) options for preservation and use of remaining segments and of features associated with the highway; and (3) participation by representatives from each of the States traversed by the Route and representatives of associations interested in the Route's preservation. Provides that private sector initiatives are to be fully evaluated. Directs the Secretary to report on such study to specified congressional committees within two years after funds are made available for the study. Authorizes appropriations.
Bill· HRH.R. 2315 (101st)referred
United States · United States Congress · 10 May 1989
Rural Rail Service Preservation Act of 1989 - Amends Federal law to prohibit the Interstate Commerce Commission from exempting a person, class of persons, or a transaction or service from provisions authorizing rail carriers to abandon any part of their railroad lines or discontinue transportation over such lines. Authorizes the Commission to issue a certificate of abandonment or discontinuance only if, at least one year (currently, four months) before the application was filed, the railroad line, (or portion) was identified in the rail carrier's diagram (or an amendment to the diagram) as one for which an application was anticipated. Increases the period of time within which a person may file a protest to an application for abandonment or discontinuance by a rail carrier. Requires the Commission, upon the request of a shipper located in any community affected by a proposed abandonment or discontinuance, to provide in one or more of such communities an opportunity for a hearing on such proposed abandonment or discontinuance, unless the Commission for good cause finds that a hearing is impracticable or unnecessary. Requires the Commission to base its determination in an abandonment or discontinuance proceeding upon financial data respecting the line or transportation proposed to be abandoned or discontinued rather than system-wide or industry-wide averages, to the extent such line-specific data are reasonably available. Declares that the authority to abandon or discontinue under a certificate issued by the Commission shall expire: (1) two years after its issuance; or (2) 90 days after the completion of any judicial review with respect to such issuance, if later. Requires a rail carrier to serve a request for proposal or request for offer for the transfer of a line of railroad to a transferee that is not a rail carrier upon a designated representative of the rail carrier's employees, concurrent with transmittal of such request to such transferee. Declares that such representative shall have the same opportunity to submit a proposal or offer as any other interested person. Prohibits a rail carrier from rejecting a proposal or offer solely because it is made by a labor organization. Declares that an employee performing service for a rail carrier in connection with a line of a carrier to be sold shall be entitled for selection to non-management positions on such line to the extent available. Prohibits the approval of proposed sales of certain railroad lines without prior notice to the public and a hearing. Conditions Commission approval of the sale of a railroad line on entitlement to a lump sum separation allowance of any employees who are unable to secure employment with the carrier through seniority rights and are unable to secure a position with the new owner or transferee. Requires a transferee of a railroad line to establish initial pay rates, rules, and working conditions for the employees of the transferring rail carrier whom it intends to hire. Authorizes the Commission to approve the acquisition of a railroad line by two carriers under common control only if it finds that the avoidance of existing collective bargaining agreements is not the principal purpose of the proposed transaction.
Bill· SS. 941 (101st)referred
United States · United States Congress · 9 May 1989
Prince William Sound Oil Tanker Navigation Safety Act of 1989 - Directs the Secretary of the department in which the Coast Guard is operating to initiate a rulemaking to require that all oil tankers entering and departing the Port of Valdez, Alaska, embark and disembark a pilot licensed in Alaska at locations that will ensure that pilotage of such tankers in certain areas is provided by such State pilots. Requires the Secretary to initiate a rulemaking to require every oil tanker transiting Prince William Sound, Alaska, except when its pilot is licensed in Alaska, to have a specified number of personnel on its navigation bridge. Amends the National Driver Register Act of 1982 to permit an individual who has applied for or received a license to operate a commercial vessel to request the chief driver licensing official of a State to transmit certain information regarding such individual to the Commandant of the Coast Guard. Sets forth specified requirements relating to the access to such information. Requires the Secretary to initiate a rulemaking to require each license applicant, including each license holder, to make available to such Secretary information regarding his or her motor vehicle driving record contained in the National Driver Register. Directs the Secretary to issue regulations to require periodic, as well as post-accident, testing for use of alcohol by operators of oil tankers within U.S. waters. Prohibits any person licensed to operate an oil tanker from doing so if he or she has: (1) been determined by the Secretary to have operated such tanker while impaired by or under the influence of alcohol; (2) been denied a motor vehicle license within the previous five years; (3) had such license cancelled, revoked, or suspended for cause within the previous five years; or (4) been convicted within the previous five years of specified offenses contained in the National Driver Register Act of 1982. Requires the Secretary to install an automated navigation light on Bligh Reef in Prince William Sound, Alaska. Directs the Secretary to: (1) install additional radar equipment and train such personnel with respect to Vessel Traffic Service Systems at the Port of Valdez and Naked Island, Alaska; and (2) submit to specified congressional committees a report on instituting Coast Guard control on oil tanker movements in Prince William Sound with the use of such Systems. Requires the Secretary to submit to specified congressional committees a report concerning: (1) the size and cargo capacity of oil tankers transiting Prince William Sound; and (2) an assessment on whether a double hull on such tankers could have prevented the Exxon Valdez oil spill. Requires the Secretary to issue final regulations requiring operators of such tankers transiting Prince William Sound to submit to the Secretary for approval a contingency plan for the prevention and cleanup of oil spills from their vessels. Sets forth specified items to be included in such plans. Provides for: (1) guidelines for maximum probable spills in Prince William Sound; (2) operation of oil tankers without an approved contingency plan; (3) the legal effect of such plans; (4) public awareness and practice drills with respect to such plans; and (5) action by the Secretary in the event of an oil spill in Prince William Sound. Directs the Secretary of Commerce to establish a Prince William Sound Oilspill Recovery Institute, to be administered by the Secretary of Commerce through the University of Alaska Institute of Marine Studies. Requires the Institute to conduct research and educational and demonstration projects with respect to the effects of oil spills on the environment and ways to deal with their cleanup. Declares that the policies of the Institute shall be determined by an Advisory Council composed of specified representatives from State and Federal agencies, with the Secretary of Commerce as Chairman. Directs the Advisory Council to establish an Advisory Committee composed of specialists in oil spill containment and cleanup technology from the University of Alaska and elsewhere. Authorizes appropriations for FY 1989 through 1999. Makes an "oil spill" a "major disaster" for purposes of disaster assistance under the Disaster Relief Act of 1974. Amends the Trans-Alaska Pipeline Authorization Act to raise the limit on strict liability claims against the Trans-Alaska Pipeline Liability Fund for oil spills from $100,000,000 to $500,000,000. Increases the joint and several liability of vessel owners from $14,000,000 to $70,000,000. Sets forth specified requirements with respect to such Fund. Authorizes the Secretary to deny the right to transit Prince William Sound to any oil tanker that is operated in violation of this Act. Sets forth civil penalties.
Bill· HRH.R. 2242 (101st)open
United States · United States Congress · 4 May 1989
Amends Federal law relating to merchant seamen licenses and certificates of registry to direct the Secretary of the department in which the Coast Guard is operating to conduct a review of the criminal record of each individual who applies for a new or renewed license.
Bill· HRH.R. 2260 (101st)open
United States · United States Congress · 4 May 1989
National Bridge Improvement Act of 1989 - Directs the Secretary of Transportation to: (1) revise the criteria for assignment of priorities for bridge replacement and rehabilitation to concentrate Federal funding on bridges most in need of replacement and rehabilitation; (2) establish a formal procedure for the exercise of the Secretary's discretion in selecting highway bridge replacement and rehabilitation projects; (3) establish administration guidelines for the distribution of such apportioned funds throughout each State; and (4) monitor the distribution of such funds throughout each State. Requires the Secretary to: (1) review each State's compliance with the national bridge inspection standards; (2) revise such standards to improve inspection requirements, define the factors to be considered and the methods used in rating the conditions of bridges, and establish a standard for the timely processing of data resulting from inspections; (3) assess the need for greater State and local government authority for bridge inspection; (4) encourage the States to take the actions necessary to fully comply with the national bridge inspection standards relating to posting limits on bridges and closing bridges; and (5) ensure that all Federal agencies maintaining bridges comply with such standards. Directs the Secretary: (1) to implement a plan to bring the States and local governments into compliance with the national bridge inspection standards; and (2) to consider the imposition of penalties and other sanctions against States and local governments not fully complying with such standards. Requires the Secretary to: (1) establish procedures to ensure the rapid completion and maintenance of accurate inventories of certain bridges; and (2) inventory all bridges maintained by Federal agencies. Directs the Secretary to: (1) prepare a plan for a public information program with respect to the weight limits, closings, and hazards of each bridge; and (2) include in such plan provisions for administration of such program by the States. Requires the Secretary to transmit to the Congress a report on the administrative actions taken pursuant to this Act and the results of such actions, including recommendations with respect to whether the Congress should increase the maximum percent of apportioned funds which may be expended for projects to replace or rehabilitate highway bridges located on public roads, other than on a Federal aid system.
Bill· HRH.R. 2234 (101st)referred
United States · United States Congress · 4 May 1989
Hazardous Materials Rail Safety Act - Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to issue regulations regarding emergency response procedures for rail carriers in accident or emergency situations involving the transportation and storage of hazardous materials. Prohibits railroad tank cars from being used in commercial hazardous materials transportation unless they comply with standards for attachments imposed by the Secretary. Directs the Secretary to enter into a contract with the National Academy of Sciences for a study of railroad tank car design and to report the results of such study to the Congress. Authorizes appropriations.
Bill· HRH.R. 2229 (101st)referred
United States · United States Congress · 4 May 1989
Maritime Appropriation Authorization Act for Fiscal Years 1990 and 1991 - Authorizes appropriations until expended, as the appropriation Act may provide, for the use of the Department of Transportation, for FY 1990 and 1991 for: (1) payment of operating-differential subsidy obligations; (2) operations and training activities; and (3) necessary expenses to acquire and maintain a surge shipping capability in the National Defense Reserve Fleet in an advanced state of readiness. Changes from $100,000 to $400,000 the cap on payments for the maintenance and support of State maritime academies meeting certain requirements. Requires the academies, as a condition to receiving payments or the use of vessels, to require each U.S. citizen entering the academy in a merchant marine officer preparation program, as a condition for graduation, to: (1) pass the Coast Guard merchant marine officer license examination; and (2) agree to serve in a reserve unit of a U.S. armed force for at least six years. Terminates on March 30, 1990, the authority of the Secretary of Transportation to enter into State maritime academy student incentive payment agreements. Extends from June 30, 1990, to June 30, 1995, the termination of the authority of the Secretary of Transportation to provide war risk insurance and reinsurance. Provides that certain petitions filed before 1993 relating to bankruptcy and applications relating to protection of securities investors, when brought by the Secretary of Transportation or the Secretary of Commerce under the Ship Mortgage Act, 1920 do not, in certain circumstances, act as a stay of specified proceedings. (Current law refers to petitions and applications brought but not to petitions and applications to be brought.) Declares that the rights of either Secretary shall not be affected or enjoined by any court. Amends the Merchant Ship Sales Act of 1946 to specify that any vessel assigned to the Ready Reserve Force component of the National Defense Reserve Fleet is included in specified provisions relating to prohibited and allowed uses of the Reserve Fleet. Confirms the availability of a vessel in the Ready Reserve Force under specified provisions of the Memorandum of Agreement between the Department of Defense and the Department of Transportation, effective October 31, 1988.
Bill· HRH.R. 2211 (101st)referred
United States · United States Congress · 3 May 1989
Interstate Commerce Commission Sunset Act of 1989 - Amends the Interstate Commerce Act to terminate, as of October 1, 1991, the Interstate Commerce Commission (ICC) as an independent executive agency of the U.S. Government. Transfers to the Secretary of Transportation the functions, powers, and duties of the ICC relating to the regulation of rail transportation and to certain other surface transportation regulation. Prohibits any State or its political subdivision or any interstate or other political agency of two or more States from enacting or enforcing any law, rule, or standard relating to interstate or intrastate rates, routes, or services of motor carriers, motor private carriers, water carriers, freight forwarders, or transportation brokers. Authorizes the President to take specified action upon a determination that the government of a contiguous foreign country has engaged in unfair, discriminatory, or restrictive practices having a substantial adverse competitive impact upon certain U.S. transportation companies. Requires the Secretary of Transportation to submit to the Congress, two years from the effective date of this Act, a status report and evaluation concerning the implementation of the National Governors' Association Consensus Agenda on standards for uniform State regulation of interstate motor carriers. Transfers to the Federal Trade Commission (FTC) jurisdiction over certain regulation of motor carriers, water carriers, freight forwarders, and railroad passenger carriers. Grants to the FTC the exclusive power to enforce certain regulations governing the transport of household goods. Requires the FTC, within 120 days of this Act's enactment, to review and revise such regulations to eliminate unnecessary regulation and to ensure that shippers of household goods receive adequate protection in their dealings with carriers. Identifies the administrative procedure to govern such FTC rulemaking, including provisions for judicial review. Requires such rule review and revision to be completed within one year following its initiation. Requires that all U.S. departments and agencies conform their rules to those finally promulgated by the FTC within one year after such promulgation. Repeals statutory limitations on purchases by common carriers in cases of interlocking directorates.
Bill· HRH.R. 2203 (101st)referred
United States · United States Congress · 3 May 1989
Amends the Department of Transportation and Related Agencies Appropriations Act, 1989 to increase the FY 1989 obligation ceiling for grants-in-aid for airport planning and development and noise compatibility planning and programs.
Bill· HRH.R. 2169 (101st)referred
United States · United States Congress · 2 May 1989
Amends the Department of Transportation and Related Agencies Appropriations Act, 1989 to increase the FY 1989 obligation ceiling for grants-in-aid for airport planning and development and noise compatibility planning and programs.
Bill· SS. 877 (101st)referred
United States · United States Congress · 1 May 1989
Truth in Aviation Act of 1989 - Directs the Secretary of Transportation to require each commercial air carrier engaged in the transportation of passengers in intrastate, interstate, overseas, or foreign air transportation to display prominently on each aircraft the date of its manufacture and the date it received its most recent inspection by the Federal Aviation Administration. Specifies a civil penalty the Secretary may impose on violators of this Act.
Bill· HRH.R. 2164 (101st)referred
United States · United States Congress · 1 May 1989
Amends Federal law regarding railroad line operation and construction to prescribe the contents of a rail carrier's application to the Interstate Commerce Commission (the Commission) for approval of additional railroad line acquisition or construction. Grants affected States a specified time within which to submit a written protest to the Commission. Requires the Commission, upon timely receipt of such protest, to review the proposed transaction in order to determine whether it will serve the public convenience and necessity. Prohibits the Commission from approving the proposed transaction unless the application indicates that the carrier selling the railroad line is required to reacquire and resume common carrier transportation responsibilities over such line if, within two years after sale, the acquiring carrier ceases to provide transportation service. Directs the Commission to determine a fair and reasonable refund to be paid by a carrier reacquiring a line to the carrier which has ceased to provide service. Requires the Commission to include in any certificate of approval a requirement that the Federal Railroad Administration inspect the trackage of the railroad line before the operation of rail service. Prohibits the Commission from granting an applicant an exemption from Commission review unless: (1) an application for abandonment of the affected line has been approved; or (2) the length of trackage involved in the transaction is less than 50 miles.
Bill· HRH.R. 2151 (101st)open
United States · United States Congress · 27 April 1989
Amends the Federal Aviation Act of 1958 to require that civil aircraft with a maximum passenger capacity of more than 30 seats be equipped with the collision avoidance system known as TCAS-II. Sets forth a schedule for the installation of such system. Requires the Administrator of the Federal Aviation Administration to institute a program for the operational evaluation of the system. Requires the Administrator to consider the compatibility of the installation schedule of the airborne low-altitude wind shear equipment with the installation of the TCAS-II system.
Bill· HRH.R. 2118 (101st)open
United States · United States Congress · 26 April 1989
Coast Guard User Fee and Free Ride Termination Act of 1989 - Amends Federal law concerning vessels and seamen to direct the Secretary of the department in which the Coast Guard is operating to establish and collect user fees for the provision of Coast Guard services. Directs the Secretary to promulgate regulations by October 1, 1990, for the enforcement of such fee collection. Outlines the services for which the Secretary is authorized to collect such fees, including vessel inspection, vessel documentation, and licensing of personnel. Places a per-fiscal year ceiling on the amount of fees that can be collected. Establishes for each recreational vessel a fee of $25 per year to be collected by the Secretary. Defines "recreational vessel." Outlines administrative provisions concerning the establishment and collection of all fees authorized under this Act, together with penalties for those required to pay such fees who fail to do so. Provides for the deposit of fees collected under this Act to the operating expenses account of the Coast Guard. Authorizes expenditure of the recreational vessel fee funds only for navigational aids and search and rescue operations.
Resolution· HRESH.Res. 141 (101st)referred
United States · United States Congress · 26 April 1989
Expresses the sense of the House of Representatives that the Bankruptcy Court and all involved parties should facilitate the prompt restoration of Eastern Airlines to full operations through appropriate action which may include appointment of a trustee, pending the sale of the company.
Bill· HRH.R. 2076 (101st)referred
United States · United States Congress · 25 April 1989
Automobile Fuel Efficiency Amendments of 1989 - Title I: Amendments to Motor Vehicle Information and Cost Savings Act - Amends the Motor Vehicle Information and Cost Savings Act to require the Administrator of the Environmental Protection Agency to consult with the Secretary of Energy before establishing testing and calculation procedures for measuring automobile fuel economy. Authorizes the Administrator to require fuel economy tests in conjunction with emissions tests conducted under the Clean Air Act. (Currently the Administrator must require such tests.) Directs the Administrator to measure a sampling of production passenger automobiles for each model type and year during the first month of manufacture for sale. Requires the adjustment of average fuel economy standards when necessary. Requires manufacturers to reflect any changes in such standards on automobile labels not more than 90 days after such changes are available. Requires that Federal testing and calculation procedures be repeated over a period of years to monitor automobile performance in use to determine the extent of decline in fuel economy. Increases fuel economy standards for model years 1990 through 2004 and thereafter. Authorizes the Secretary of Transportation, by rule, to amend such standards to a level determined feasible. Establishes the average fuel economy standard for automobiles which are not passenger automobiles (light trucks) for model year 1993 through 2000 and thereafter. Exempts manufacturers of less than 10,000 light trucks per year from such standards. Conditions such exemption upon the Secretary's establishing alternative standards. Directs the President to promulgate rules requiring light trucks used by the Federal Government to meet average fuel economy standards. Directs the Administrator to update the booklet containing fuel economy data at least twice a year. Directs the Secretary of Energy to distribute at least 100 booklets each year to each dealer and additional numbers if requested. Directs the Secretary of Transportation to award fuel efficiency incentive grants to States which have in effect qualified revenue-raising measures designed to encourage automobile fuel efficiency. Vests jurisdiction in the U.S. district courts for injunctive enforcement of labeling and mileage guide requirements. Directs the Secretary, within two years of enactment of this Act, to submit suggestions to the Congress for additional legislation to carry out its purposes and the purposes of the Motor Vehicle Information and Cost Savings Act. Requires the Director of the Office of Technology Assessment to determine whether manufacturers are likely to comply with the revised average fuel economy standards without new incentives. Requires the Director to suggest cost-effective incentives if necessary to assure compliance. Requires the Secretary to promulgate test procedures for determining the relative fuel economy of automobile tires. Directs the Secretary to prescribe labeling rules applicable to all tires for which test procedures are established and requires manufacturers to comply with such rules. Sets forth civil penalties for violations of such labeling requirements and vests jurisdiction in the U.S. district courts to restrain such violations. Title II: Amendments to Internal Revenue Code Relating to Compliance With Average Fuel Economy Standards by Automobile Manufacturers - Amends the Internal Revenue Code to impose a low average fuel economy excise tax on automobile manufacturers for model years 1995, 1998, 2003, 2008, and every following year. Allows a credit against such fuel economy tax for manufacturers who exceed the average fuel economy standard.
Resolution· SRESS.Res. 114 (101st)referred
United States · United States Congress · 19 April 1989
Expresses the sense of the Senate that the Bankruptcy Court and all involved parties should facilitate the prompt restoration of Eastern Airlines to full operations through appropriate action which may include appointment of a trustee, pending the sale of the company.
Bill· SS. 819 (101st)open
United States · United States Congress · 18 April 1989
Motor Carrier Safety Act of 1989 - Requires the Secretary of Transportation to issue a final rule regarding Federal motor carrier safety regulations to: (1) establish a public information system that periodically updates the safety ratings of motor carriers which have received unsatisfactory safety ratings; (2) provide a rating reassessment within 12 months after receipt of a motor carrier's written request to have an unsatisfactory rating reassessed; and (3) prohibit the operation of certain commercial motor vehicles by motor carriers who have received unsatisfactory safety ratings. Requires the Secretary to submit operational guidelines to the Congress with specific criteria for determining civil penalties for motor carrier safety violations that pose imminent safety hazards. Requires annual reports to the Congress on enforcement actions. Amends the Controlled Substances Act to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop. Precludes the suspension of criminal sentences and denies probation for repeat offenders. Directs the U.S. Sentencing Commission to establish specified sentencing guidelines for violations of this Act. Amends the Truck and Bus Safety and Regulatory Reform Act of 1988 to direct the Secretary of Transportation to initiate a rulemaking proceeding regarding improved braking performance standards for commercial motor vehicles. Classifies Department of Transportation safety inspectors at GS-12 of the General Schedule. Sets a deadline within which the Secretary must establish procedures ensuring the timely correction of commercial motor carrier safety violations found in a nationwide random reinspection system. Directs the Secretary to establish operational procedures requiring highway safety personnel to initiate enforcement actions whenever certain motor carrier safety violations can be documented. Directs the Secretary to initiate a rulemaking proceeding for enhanced truck visibility.
Bill· SS. 832 (101st)referred
United States · United States Congress · 18 April 1989
Authorizes the expenditure of funds for skill training with respect to highway construction.
Bill· HRH.R. 2062 (101st)referred
United States · United States Congress · 18 April 1989
Rail Line Preservation and Employee Protection Act - Amends Federal transportation law to direct the Interstate Commerce Commission to impose certain conditions for the protection of employees when approving specified transactions involving the acquisition of a rail line or lines or of rights to operate over a rail line or lines by a noncarrier.
Resolution· HRESH.Res. 133 (101st)open
United States · United States Congress · 18 April 1989
Expresses the sense of the House of Representatives that: (1) every effort should be undertaken to bring those responsible for the bombing of Pan American flight 103 to justice; and (2) steps should be taken to ensure the future safety of airline passengers.
Bill· HRH.R. 1839 (101st)referred
United States · United States Congress · 12 April 1989
Amends the Motor Vehicle Information and Cost Savings Act to repeal the authority of the Secretary of Transportation to reduce the average fuel economy standard below the level set by such Act. Declares certain regulations pertaining to such standards ineffective as of 90 days after the date of enactment of this Act.
Bill· SS. 749 (101st)referred
United States · United States Congress · 11 April 1989
Directs the Secretary of Transportation, acting through the National Railroad Passenger Corporation, to repair a fire-damaged historical train station in Kingston, Rhode Island.
Bill· SS. 745 (101st)referred
United States · United States Congress · 11 April 1989
National Bridge Improvement Act of 1989 - Directs the Secretary of Transportation to: (1) revise the criteria for assignment of priorities for bridge replacement and rehabilitation to concentrate Federal funding on bridges most in need of replacement and rehabilitation; (2) establish a formal procedure for the exercise of the Secretary's discretion in selecting highway bridge replacement and rehabilitation projects; (3) establish administration guidelines for the distribution of such apportioned funds throughout each State; and (4) monitor the distribution of such funds throughout each State. Requires the Secretary to: (1) review each State's compliance with the national bridge inspection standards; (2) revise such standards to improve inspection requirements, define the factors to be considered and the methods used in rating the conditions of bridges, and establish a standard for the timely processing of data resulting from inspections; (3) assess the need for greater State and local government authority for bridge inspection; (4) encourage the States to take the actions necessary to fully comply with the national bridge inspection standards relating to posting limits on bridges and closing bridges; and (5) ensure that all Federal agencies maintaining bridges comply with such standards. Directs the Secretary: (1) to prepare and implement a plan to bring the States and local governments into compliance with the national bridge inspection standards; and (2) to consider the imposition of penalties and other sanctions against States and local governments not fully complying with such standards. Requires the Secretary to: (1) establish procedures to ensure the rapid completion and maintenance of accurate inventories of certain bridges; and (2) inventory all bridges maintained by Federal agencies. Directs the Secretary to: (1) prepare a plan for a public information program with respect to the weight limits, closings, and hazards of each bridge; and (2) include in such plan provisions for State administration of the program. Requires the Secretary to prepare and transmit to the Congress a report on the administrative actions taken pursuant to this Act and the results of such actions, including recommendations with respect to whether the Congress should increase the maximum percentage of apportioned funds which may be expended for projects to replace or rehabilitate highway bridges located on public roads, other than on a Federal aid system.
Bill· HRH.R. 1763 (101st)open
United States · United States Congress · 11 April 1989
Panama Canal Commission Authorization Act, Fiscal Year 1990 - Authorizes expenditures for FY 1990 for the Panama Canal Commission (Commission) to operate, maintain, and improve the Panama Canal. Limits the amount of funds which may be used for official reception and representation expenses. Authorizes the use of funds for the purchase of passenger motor vehicles for the use of Commission personnel without regard to certain price limitations. Requires the Commission to provide written advance notice to the Congress regarding: (1) any proposed change in rates of tolls for use of the Panama Canal; (2) any payment estimated to be due Panama under provisions of the Panama Canal Treaty of 1977; and (3) the initiation of any capital acquisition or construction project exceeding a certain amount, which is not specified in the budget estimates submitted to the Congress for the fiscal year in which the project will commence. Authorizes the use of funds for pay increases for Commission employees which are not in excess of statutory increases granted for the same period in corresponding rates of compensation of other U.S. Government employees in comparable positions.