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H. RES. 116, 91ST CONGRESS

AGREED TO FEBRUARY 5, 1969

IN THE HOUSE OF REPRESENTATIVES

January 9, 1969

Mr. Staggers submitted the following resolution; which was referred to the

Committee on Rules

January 23, 1969

Referred to the House Calendar and ordered to be printed

February 5, 1969

Considered and agreed to

RESOLUTION

Resolved, That effective January 3, 1969, the Committee on Interstate and Foreign Commerce may make investigations and studies into matters within its jurisdiction including the following:

(1) Policies with respect to competition among the various modes of transportation, whether rail, air, motor, water, or pipeline; measures for increased safety; ownership and control of transportation facilities; adequacy of the national transportation system for defense and the needs of an expanding economy.

(2) Policies with respect to the promotion of the development of civil aviation; measures for increased safety; restrictions which impede the free flow of air commerce; promotion of travel and tourism; routes, rates, accounts, and subsidy payments; airport construction, hazards of adjacency to airports, and condemnation of airspace, aircraft, and airline liability; aircraft research and development, and market for American aircraft; air navigational aids and traffic control;

(3) Allocation of radio spectrum; community antenna television; pay television; satellite communications; ownership, control, and operations of communications and related facilities; policies with respect to competition among various communications and data processing; policies with respect to governmental communications systems; coordination of communication policies both domestic and foreign, impact of foreign operations, international agreements, and international organizations on domestic and foreign communications; technical developments in the communications field;

(4) Adequacy of the protection to investors afforded by the disclosure and regulatory provisions of the various securities Acts;

(5) Adequacy of petroleum, natural gas, and electric energy resources for defense and the needs for an expanding economy; adequacy, promotion, regulation, and safety of the facilities for extraction or generation, transmission, and distribution of such resources; development of synthetic liquid fuel processes; regulation of security issues and control of natural gas pipeline companies;

(6) Advertising, fair competition, packaging, and labeling;

(7) Research in weather, including air pollution and smog, and artificially induced weather;

(8) Effects of inflation upon benefits provided under railroad retirement and railroad unemployment programs; and inequities in provisions of statutes relating thereto, with comparison of benefits under the social security system;

(9) Adequacy of medical facilities, medical personnel, and medical teaching and training facilities; research into human diseases; provisions for medical care; efficient and effective quarantine; protection to users against incorrectly labeled and deleterious foods, drugs, cosmetics, and devices; and other matters relating to public health; protection of the public against abuse of barbiturates, amphetamines, and other dangerous drugs;

51-728-71_pt. 1-2

(10) The War Claims Act and the Trading With the Enemy Act, including the provisions relating to direct foreign investment;

(11) Current and prospective consumption of newsprint and other papers used in the printing of newspapers, magazines, or such other publications as are admitted to second-class mailing privileges; current and prospective production and supply of such papers, factors affecting such supply, and possibilities of additional production through the use of alternative source materials ;

(12) Traffic accidents on the streets and highways of the United States; factors responsible for such accidents, the resulting deaths, personal injuries, and compensation for damages, economic losses, and measures for increased motor vehicle safety; and

(13) The administration of provisions of law relating to the above subjects and all others which are in the jurisdiction of such committee;

Provided, That the committee shall not undertake any investigation of any subject which is being investigated by any other committee of the House.

For the purposes of such investigations and studies the committee, or any subcommittee thereof, may sit and act during the present Congress at such times and places within or outside the United States, whether the House has recessed or has adjourned, to hold such hearings, and to require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents, as it deems necessary. Subpenas may be issued under the signature of the chairman of the committee or any member of the committee designated by him, and may be served by any person designated by such chairman or member.

The committee may report to the House at any time during the present Congress the results of any investigation or study made under authority of this res. olution, together with such recommendations as it deems appropriate. Any such report shall be filed with the Clerk of the House if the House is not in session.

Notwithstanding section 1754 of title 22, United States Code, or any other provision of law, local currencies owned by the United States shall be made avail. able to the Committee on Interstate and Foreign Commerce of the House of Representatives and employees engaged in carrying out their official duties under section 190d of title 2, United States Code : Provided, That (1) no member or employee of said committee shall receive or expend local currencies for subsistence in any country at a rate in excess of the maximum per diem rate set forth in section 502 (b) of the Mutual Security Act of 1954, as amended by Public Law 88-633, approved October 7, 1964; (2) no member or employee of said committee shall receive or expend an amount for transportation in excess of actual transportation costs; (3) no appropriated funds shall be expended for the purpose of defraying expenses of members of said committee or its employees in any country where counterpart funds are available for this purpose.

Each member or employee of said committee shall make to the chairman of said committee an itemized report showing the number of days visited in each country whose local currencies were spent, the amount of per diem furnished, and the cost of transportation if furnished by public carrier, or if such transportation is furnished by any agency of the United States Government, the cost of such transportation, and the identification of the agency. All such individual reports shall be filed by the chairman with the Commitee on House Administration and shall be open to public inspection.

The CHAIRMAN. The hearings commencing today will cover a number of subjects, including:

1. The Interstate Commerce Act as amended, and particularly section 13A.

2. The rules and regulations of the Interstate Commerce Commission.

3. The administration and enforcement of the law and regulations by the Interstate Commerce Commission.

4. The necessity or desirability of additional or remedial legislation for the protection of the public.

5. The adequacy of the present laws and their administration by the Commission.

6. Whether the ICC is administering the act in conformity with the intent of the Congress as therein expressed.

At this point I should like to have included in the record at an appropriate place the following material: Letter dated June 9, 1970, from me as chairman of the special subcommittee to Chairman Stafford requesting the presence of the ICC witnesses who are to testify before us. (The document referred to follows:)

CONGRESS OF THE UNITED STATES,

HOUSE OF REPRESENTATIVES,

Washington, D.C., June 9, 1970. Hon. GEORGE M. STAFFORD, Chairman, Interstate Commerce Commission, Washington, D.C.

DEAR CHAIRMAN STAFFORD: The Special Subcommittee on Investigations of the House Committee on Interstate and Foreign Commerce will hold public hearings regarding the Interstate Commerce Act and functions of the Interstate Commerce Commission on June 16, 17, and 18, 1970. The hearings will be held in Room 2123, Rayburn House Office Building, commencing at 10:000 a.m., June 16th.

Please arrange to have the following individuals appear at these hearings on the indicated dates to respond to inquiries pertaining to the topics listed :

June 16: Rail Passenger and Train Discontinuance Matters. Hearing Examiners John S. Messer, Paul J. Clerman, and W. Wallace Wilhite; and Attorney-Advisor Robert T. Wright.

June 17: Train Discontinuance Matters. Commissioner Kenneth H. Tuggle. Administration of Hearing Examiners and Train Discontinuance Matters. Chief Hearing Examiner James C. Cheseldine.

June 18: Commission's Rules and Regulations. Secretary H. Neil Garson. In addition, please have Budget and Fiscal Officer Alan M. Fitzwater appear at the hearings to make available the original travel vouchers for the above witnesses for fiscal years 1966 to date.

The Subcommittee would be pleased to have you or any of the other Com. missioners in attendance should you so desire. Thank you for your cooperation in this matter. Sincerely yours,

HARLEY 0. STAGGERS, Chairman.

JUNE 10, 1970. Hon. GEORGE M. STAFFORD, Chairman, Interstate Commerce Commission, Washington, D.C.

DEAR CHAIRMAN STAFFORD: With regard to my letter to you of June 9th requesting the presence of certain personnel of the Interstate Commerce Commission to appear before the Subcommittee on June 16, 17, and 18, 1970, please be advised that the hearings have been rescheduled to begin at 2:00 p.m. on each of the days designated rather than at 10:00 a.m.

For your information, a copy of the revised Subcommittee Notice, dated June 10, 1970, is attached. Sincerely yours,

HARLEY 0. STAGGERS, Chairman. The CHAIRMAN. Copy of certain provisions set forth in the Interstate Commerce Act, including section 13(a) and extracts from other pertinent sections, and the APA.

See Appendixes A and B, p. 401 and p. 409.

The CHAIRMAN. Copy of ICC “Rules Governing the Separation of Operating Expenses *** * Between Freight Service and Passenger Service," revised as of January 1964.

(See Appendix C, p. 417.)

The CHAIRMAN. Survey of Train Discontinuances under section 13a (1) of the Interstate Commerce Act from August 12, 1958, to date, compiled from ICC data by the subcommittee staff.

(The document referred to follows:)

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** 16 pending decision

*** 96 trains pedding decision

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