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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1436 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 1436

  To amend subtitle IV of title 49, United States Code, to eliminate 
  unnecessary regulation of transportation industries, to streamline 
    regulation of rail carriers, to sunset the Interstate Commerce 
                  Commission, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 1995

Mr. Lipinski (for himself and Mr. Mineta) (both by request) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
  To amend subtitle IV of title 49, United States Code, to eliminate 
  unnecessary regulation of transportation industries, to streamline 
    regulation of rail carriers, to sunset the Interstate Commerce 
                  Commission, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the ``Interstate Commerce Commission Sunset Act of 1995''.

                           purpose of the act

    Sec. 2. This Act is a part of the continuing effort by Congress to 
eliminate unnecessary and burdensome government regulation of our 
Nation's transportation industries and to streamline the remaining 
regulation in order to improve the productivity and competitiveness of 
United States industries in domestic and world markets.

                                findings

    Sec. 3. Findings.--The Congress finds that--
            (a) a safe, sound, competitive, and efficient 
        transportation system is vital to the maintenance of a strong 
        national economy, an improved balance of payments, and a strong 
        national defense;
            (b) protective regulation is outdated, unnecessary and has 
        resulted in operating and pricing inefficiencies, has tended to 
        suppress technological and managerial innovation, and has 
        tended to restrict the range of price and service options 
        available to shippers and passengers;
            (c) available evidence suggests that many billions of 
        dollars in savings to consumers and a broad range of United 
        States industries have already accrued from recent 
        transportation reforms, and that removal of the remaining 
        regulations and adoption of additional transportation 
        productivity measures will result in additional consumer 
        benefits and savings that will enable United States companies 
        to become more productive and competitive in domestic and world 
        markets;
            (d) the Interstate Commerce Commission's regulatory 
        responsibilities over the transportation of property by 
        railroads should be reduced and transferred to the Departments 
        of Transportation and Labor;
            (e) antitrust immunity for regulated carriers should be 
        eliminated and such carriers should be subject to the normal 
        antitrust laws applicable to most industries;
            (f) the Interstate Commerce Commission should cease 
        operation as of September 30, 1996; and
            (g) legislative and resulting changes should be implemented 
        with the least amount of disruption consistent with achieving 
        the reforms enacted.

                        termination of authority

    Sec. 4. (a) Section 307 of title 49, United States Code, is 
repealed.
    (b) The following provisions of chapter 103 of title 49, United 
States Code, are repealed effective September 30, 1996:
            (1) Section 10301.
            (2) Section 10302.
            (3) Section 10304.
            (4) Section 10305.
            (5) Section 10306.
            (6) Section 10307.
            (7) Section 10308.
            (8) Section 10309.
            (9) Section 10310(b).
            (10) Section 10311.
            (11) Section 10322.
            (12) Section 10326.
            (13) Subsection (b) of section 10328.
            (14) Subsections 10329(a)(2), 10329(c) (2) and (3), and 
        10329(e).
            (15) Subsection 10330.
            (16) Subchapter III--Joint Boards.
            (17) Section 10361.
            (18) Section 10362.
            (19) Section 10363.
            (20) Section 10364.
            (21) Subchapter V--Office of Rail Public Counsel.
    (c) The following provisions of chapter 105 of title 49, United 
States Code, are repealed effective September 30, 1996, except for 
section 10530:
            (1) Section 10502.
            (2) Section 10503.
            (3) Section 10504.
            (4) Sections 10521 through 10531.
            (5) Subchapter III.
            (6) Subchapter IV.
    (d) The following provisions of chapter 107 of title 49, United 
States Code, are repealed effective September 30, 1996:
            (1) Subsections (c), (d), and (e) of section 10701.
            (2) Subsection (c) of section 10701a.
            (3) Section 10702.
            (4) Section 10703.
            (5) Section 10705a.
            (6) Section 10706.
            (7) Section 10707.
            (8) Section 10708.
            (9) Section 10710.
            (10) Section 10711.
            (11) Section 10712.
            (12) Section 10722.
            (13) Section 10723.
            (14) Section 10724.
            (15) Section 10725.
            (16) Section 10726.
            (17) Section 10728.
            (18) Section 10730.
            (19) Section 10731.
            (20) Section 10733.
            (21) Section 10734.
            (22) Section 10735.
            (23) Section 10741.
            (24) Section 10742.
            (25) Section 10743.
            (26) Section 10744.
            (27) Section 10745.
            (28) Section 10746.
            (29) Section 10747.
            (30) Section 10748.
            (31) Section 10749.
            (32) Section 10751.
            (33) Section 10761.
            (34) Subsections (a)(1), (a)(2), (b), (c), (d), (e), (f), 
        (g), and (j) of section 10762.
            (35) Subsections (b) and (c) of section 10763.
            (36) Section 10764.
            (37) Section 10765.
            (38) Section 10766.
            (39) Section 10767.
            (40) Subchapter V of chapter 107.
    (e) The following provisions of chapter 109 of title 49, United 
States Code, are repealed effective September 30, 1996:
            (1) Subsections (a), (b), and (c) of section 10901.
            (2) Section 10902.
            (3) Section 10904.
            (4) Subsection (a) of section 10907.
            (5) Section 10908.
            (6) Section 10909.
            (7) Subchapter II of chapter 109.
    (f) The following provisions of chapter 111 of title 49, United 
States Code, are repealed effective September 30, 1996:
            (1) Subsections (b) and (c) of section 11101.
            (2) Section 11102.
            (3) Section 11105.
            (4) Section 11106.
            (5) Section 11108.
            (6) Section 11110.
            (7) Section 11111.
            (8) Section 11121.
            (9) Section 11124.
            (10) Section 11126.
            (11) Section 11127.
            (12) Section 11142.
            (13) Section 11161.
            (14) Section 11162.
            (15) Section 11163.
            (16) Section 11164.
            (17) Section 11167.
            (18) Section 11168.
    (g) The following provisions of chapter 113 of title 49, United 
States Code, are repealed effective September 30, 1996:
            (1) Section 11301.
            (2) Section 11304.
            (3) Section 11321.
            (4) Section 11322.
            (5) Section 11323.
            (6) Section 11341.
            (7) Section 11342.
            (8) Section 11343.
            (9) Section 11344.
            (10) Section 11345.
            (11) Section 11345a.
            (12) Section 11346.
            (13) Section 11348.
            (14) Section 11349.
            (15) Section 11350.
            (16) Section 11351.
            (17) Section 11361.
            (18) Section 11362.
            (19) Section 11363.
            (20) Section 11364.
            (21) Section 11365.
            (22) Section 11366.
            (23) Section 11367.
    (h) The following provisions of chapter 115 of title 49, United 
States Code, are repealed effective September 30, 1996:
            (1) Section 11502.
            (2) Section 11505.
            (3) Section 11506.
            (4) Section 11507.
    (i) The following provisions of chapter 117 of title 49, United 
States Code, are repealed effective September 30, 1996:
            (1) Section 11702.
            (2) Section 11704.
            (3) Section 11708.
            (4) Section 11709.
            (5) Section 11711.
            (6) Section 11712.
    (j) The following provisions of chapter 119 of title 49, United 
States Code, are repealed effective September 30, 1996:
            (1) Section 11901 (c) and (g) through (l).
            (2) Section 11902.
            (3) Section 11903.
            (4) Section 11904.
            (5) Section 11905.
            (6) Section 11906.
            (7) Section 11907.
            (8) Section 11908.
            (9) Subsections (b), (c), and (d) of section 11909.
            (10) Section 11911.
            (11) Section 11912.
            (12) Section 11913a.
            (13) Subsections (b), (c), and (d) of section 11914.
            (14) Section 11916.
            (15) Section 11917.

         transfer of authority to department of transportation

    Sec. 5. (a) For purposes of the authorities transferred by this 
section, unless otherwise specified, the following provisions are 
amended in general by striking reference to the ``Interstate Commerce 
Commission'' or ``Commission'' wherever those terms appear and 
inserting ``Secretary'' in lieu thereof where appropriate.
    (b) There are hereby transferred to and vested in the Secretary of 
Transportation all functions, powers and duties of the Interstate 
Commerce Commission under the following sections of chapter 101 of 
title 49, United States Code, effective September 30, 1996:
            (1) Section 10101 is amended in subsection (a) as follows:
                    (A) By striking ``to provide for the impartial 
                regulation of the modes of transportation subject to 
                this subtitle, and--''.
                    (B) By amending subparagraphs (1) and (2) to read 
                as follows:
            ``(1) to promote safe, adequate, economical, and efficient 
        transportation; and
            ``(2) to cooperate with each State and the officials of 
        each State on transportation matters.''.
                    (C) By striking subparagraph (3).
            (2) Section 10101a, is amended by striking paragraphs (11) 
        and (13).
            (3) Section 10102, is amended as follows:
                    (A) In subparagraph (4)--
                            (i) by striking ``an express carrier, a 
                        pipeline carrier,'';
                            (ii) by striking ``a sleeping car 
                        carrier,''; and
                            (iii) by striking ``household goods''.
                    (B) By striking subparagraph (5).
                    (C) In subparagraph (6), by striking ``and'' and 
                inserting a comma in lieu thereof and by inserting 
                ``and a freight forwarder'' at the end of subparagraph.
                    (D) By striking subparagraph (8).
                    (E) In subparagraph (9)--
                            (i) by striking ``holding itself out to the 
                        general public (other than as an express, 
                        pipeline, rail, sleeping car, motor, or water 
                        carrier) to provide'' and inserting ``that 
                        provides'' in lieu thereof;
                            (ii) by inserting ``and'' after the 
                        semicolon following subparagraph (A);
                            (iii) by striking ``and'' after the 
                        semicolon following subparagraph (B) and 
                        inserting a period in lieu thereof; and
                            (iv) in subparagraph (C) by inserting 
                        before the word ``carrier'' the following: 
                        ``motor, water or rail'' and by striking 
                        ``subject to the jurisdiction of the Interstate 
                        Commerce Commission under subchapter I, II, or 
                        III of chapter 105 of this title''.
                    (F) In subparagraph (11) by striking ``as the 
                Commission may provide by regulation'' each time it 
                appears.
                    (G) By striking subparagraph (12).
                    (H) In subparagraph (13)(B) by striking ``approved 
                under section 10706(b)''.
                    (I) By inserting after the definition of 
                ``individually determined rate, classification, rule, 
                or practice'' a new subparagraph as follows:
            ``(11) `interstate transportation' means transportation--
                    ``(A) between a place in--
                            ``(i) a State and a place in another State;
                            ``(ii) a State and another place in the 
                        same State through another State;
                            ``(iii) the United States and a place in a 
                        territory or possession of the United States to 
                        the extent the transportation is in the United 
                        States or on the high seas;
                            ``(iv) the United States and another place 
                        in the United States through a foreign country 
                        to the extent the transportation is in the 
                        United States; or
                            ``(v) the United States and a place in a 
                        foreign country to the extent the 
                        transportation is in the United States; and
                    ``(B) in a reservation under the exclusive 
                jurisdiction of the United States or on a public 
                highway.''.
                    (J) In subparagraph (15) by inserting ``except that 
                after the date of enactment of this Act, it shall mean 
                a motor carrier'' at the end of the sentence.
                    (K) Subparagraph (16) is amended to read as 
                follows:
            ``(16) `motor contract carrier' means a person, other than 
        a motor common carrier, providing motor vehicle transportation 
        for compensation under continuing agreements with a person or a 
        number of persons, except that after the date of enactment of 
        this Act, it shall mean a motor carrier.''.
                    (L) In subparagraph (17)(A) by striking ``as 
                provided in section 10521 (a) (1) and (2) of this 
                title'' and inserting ``interstate transportation'' in 
                lieu thereof.
                    (M) In subparagraph (18) by striking ``determined 
                by the Commission'' and inserting ``thereof'' in lieu 
                thereof.
                    (N) By striking subparagraph (21).
                    (O) In subparagraph (23) by striking ``lighter, and 
                ferry'' and inserting ``and ferry'' in lieu thereof.
                    (P) In subparagraph (24) by striking ``, fare,''.
                    (Q) By striking subparagraph (25).
                    (R) In subparagraph (28)--
                            (i) in subparagraph (A) by striking ``of 
                        passengers or'' and by striking ``, or both, 
                        '', and
                            (ii) in subparagraph (B) by striking 
                        ``passengers and''.
                    (S) In subparagraph (33) by striking ``subject to 
                the jurisdiction of the Commission under this 
                subtitle''; and
                    (T) By redesignating the subparagraphs of section 
                10102, as amended, as subparagraphs (1) through (29), 
                respectively.
            (4) Section 10103.
    (c) There are hereby transferred to and vested in the Secretary of 
Transportation all functions, powers and duties of the Interstate 
Commerce Commission under the following sections of chapter 103 of 
title 49, United States Code, effective September 30, 1996:
            (1) Section 10303, as amended by striking subparagraph (a) 
        and the designator ``(b)''.
            (2) Subsection (a) of section 10310.
            (3) Section 10321, is amended as follows:
                    (A) By striking ``, and brokers for,'' in 
                subsection (b)(1).
                    (B) By striking ``or brokers'' and ``or broker'' in 
                subsection (b)(2).
                    (C) By striking ``, brokers,'' in subsection 
                (b)(3).
                    (D) By repealing subsection (b)(4).
                    (E) In subsection (c)(1) by striking ``The 
                Commission, an individual Commissioner, an employee 
                board, an employee delegated to act under section 10305 
                of this title'' and inserting ``the Secretary,'' in 
                lieu thereof and in the second sentence by striking 
                ``the Commission'' where it first appears and inserting 
                in lieu thereof ``the Attorney General, on behalf of 
                the Secretary,''.
                    (F) By striking subparagraph (c)(2).
            (4) Section 10324.
            (5) Section 10327, is amended to read as follows:
``Sec. 10327. Rules of procedure
    ``(a) The Secretary shall promulgate rules establishing simplified 
procedures for the disposition of proceedings under this subtitle. Such 
rules shall provide for adequate notice and an opportunity for any 
interested person to file appropriate written evidence and argument but 
need not provide for oral evidentiary hearings.
    ``(b) The Secretary may use such simplified procedures in any case 
if the Secretary determines that the use of such simplified procedures 
is in the public interest. The rules adopted by the Secretary pursuant 
to this section shall, to the extent the Secretary finds it 
practicable, set forth the standards the Secretary intends to apply in 
determining whether to employ such simplified procedures, and in 
deciding cases in which such procedures are employed.''
            (6) Section 10328(a).
            (7) Section 10329 as follows:
                    (A) Subparagraph (a)(1).
                    (B) Subparagraph (b), except for the second 
                sentence dealing with transportation by motor carrier 
                or broker.
                    (C) Subparagraph (c)(1), insofar as it applies to 
                rail carriers.
                    (D) Subparagraph (d), insofar as it applies to rail 
                carriers and amended by striking ``in fact who filed 
                the tariff''.
    (d) There are hereby transferred to and vested in the Secretary of 
Transportation all functions, powers, and duties of the Interstate 
Commerce Commission under the following sections of chapter 105 of 
title 49, United States Code, insofar as they apply to transportation 
of freight solely by a rail carrier or by rail and water carrier, 
effective September 30, 1996:
            (1) Section 10501 is amended by adding ``of property'' 
        after ``transportation'' in the first sentence.
            (2) Section 10505, is amended by:
                    (A) Striking ``and motor carrier'' in the title.
                    (B) Striking the phrase ``or a motor carrier 
                providing transportation of property other than 
                household goods, or in noncontiguous domestic trade,'' 
                in subsections (a) and (f).
                    (C) Striking subsection (b).
                    (D) Amending subsection (g) to read as follows.
    ``(g) The Secretary may not exercise this authority to relieve a 
carrier of its obligation to protect the interests of employees as 
required by this subtitle.''.
                    (E) Redesignating subsections (c), (d), (e), and 
                (f) as (b), (c), (d), and (e), respectively.
    (e) There are hereby transferred to and vested in the Secretary of 
Transportation all functions, powers and duties of the Interstate 
Commerce Commission under the following sections of chapter 107 of 
title 49, United States Code, effective September 30, 1996:
            (1) Section 10701, is amended as follows:
                    (A) By amending subsection (a) to read as follows:
    ``(a) A classification, rule or practice related to transportation 
or service provided by a rail carrier subject to the jurisdiction of 
the Secretary of Transportation under chapter 105 of this title must be 
reasonable when the Secretary determines under section 10709 of this 
title that the rail carrier has market dominance over the 
transportation.''.
                    (B) In subsection (f) by--
                            (i) striking in subparagraph (1), ``under 
                        subchapter II of chapter 105 of this title'' 
                        wherever it occurs;
                            (ii) striking in subparagraph (B)(i), 
                        ``Commission'' and inserting ``Commission at 
                        the time that the claim arose'' in lieu 
                        thereof;
                            (iii) striking subparagraph (7);
                            (iv) striking in subparagraph (8), ``(1) 
                        through (7)'' and inserting ``(1) through (6) 
                        each time it appears; and
                            (v) in subparagraph (9), striking ``as 
                        defined in section 10733'' and inserting in 
                        lieu thereof ``meaning waste products for 
                        recycling or reuse in the furtherance of 
                        recognized pollution control programs.''
            (2) Section 2(e) of Public Law 103-180 (the Negotiated 
        Rates Act of 1993), codified at 49 U.S.C. 10701 note, is 
        amended by--
                    (A) striking ``under subchapter II of chapter 105 
                of such title''; and
                    (B) striking ``provided before September 30, 
                1990,''.
            (3) Subsections (a) and (b) of section 10701a.
            (4) Section 10704 is amended by--
                    (A) amending subsection (a) to read as follows:
    ``If the Secretary determines, under section 10709 of this title, 
on the Secretary's own initiative or on complaint, that a rail carrier 
subject to the jurisdiction of the Secretary under subchapter I of 
chapter 105 has market dominance over the transportation to which a 
particular rate of that carrier applies and that such rate does or will 
violate this subtitle, the Secretary may prescribe the rate, 
classification, rule, or practice to be followed. The Secretary may 
order the carrier to stop the violation. When a rate, classification, 
rule, or practice is prescribed under this section, the affected rail 
carrier may not charge or collect a different rate and shall adopt the 
classification and observe the rule or practice prescribed by the 
Secretary.''.
                    (B) by redesignating (a)(2) as subsection (b); and
                    (C) by striking the remainder of the section.
            (5) Section 10705 is amended to read as follows:
    ``If the Secretary determines, under subchapter I of chapter 105 
has market dominance under section 10709 of this title, on the 
Secretary's own initiative or on complaint, that a rail carrier subject 
to the jurisdiction of the Secretary over the transportation to which a 
particular through route, joint classification, joint rate, or division 
of a joint rate of that carrier applies and that such through route, 
joint classification, joint rate, or division of a joint rate does or 
will violate this subtitle, the Secretary may prescribe the through 
route, joint classification, joint rate, or division of a joint rate to 
be followed. The Secretary may order the carrier to stop the violation. 
A through route, joint classification, joint rate, or division of a 
joint rate prescribed under this subsection shall be followed by the 
affected rail carrier, who may not implement a different through route, 
joint classification, joint rate, or division of a joint rate.''.
            (6) Section 10707a is amended as follows:
                    (A) In subparagraph (b) by striking ``plus any rate 
                increases implemented under subsections (c) or (d) of 
                this section'', and by striking subparagraph (3).
                    (B) By striking subsection (c), (d), and (e).
                    (C) By redesignating subsections (f), (g), and (h) 
                as subsections (c), (d), and (e), respectively.
            (7) Section 10709, is amended as follows:
                    (A) In subsection (b) by--
                            (i) striking ``within 90 days after the 
                        start of a proceeding under section 10707 of 
                        this title to investigate the lawfulness of 
                        that rate,'' and inserting ``upon complaint'' 
                        in lieu thereof;
                            (ii) striking ``proposing'' and inserting 
                        ``charging'' in lieu thereof; and
                            (iii) striking the second sentence.
                    (B) In subsection (c) by--
                            (i) striking the word ``proposed''; and
                            (ii) striking the last two sentences;
                    (C) In subsection (d) by--
                            (i) striking subparagraph (1)(B)(i);
                            (ii) in subparagraph (2), inserting after 
                        ``less than'' the term ``180 percent.'' and 
                        striking the remainder of the subparagraph. The 
                        repeal of the 10709(d)(2) (A) through (E) does 
                        not alter standards for cases pending on the 
                        date of enactment of the Interstate Commerce 
                        Commission Sunset Act of 1995.;
                            (iii) in subparagraph (3), by striking 
                        ``pursuant to section 10705a(m)(1) of this 
                        title, with adjustments specified'' and 
                        striking the last sentence; and
                            (iv) by striking subparagraph (5).
            (8) Section 10713, is amended to read as follows:
``Sec. 10713. Contracts
    ``(a) One or more rail carriers providing transportation subject to 
the jurisdiction of the Secretary under subchapter 1 of chapter 105 of 
this title may enter into a contract with one or more purchasers of 
rail services to provide specific services under specified rates and 
conditions.
    ``(b) A contract specifically referencing provisions of this 
section shall not be subject to this subtitle, and may not be 
subsequently challenged before the Secretary or in any court on the 
grounds that such contract violates a provision of this subtitle.
    ``(c) The exclusive remedy for any alleged breach of a contract 
entered into under this section shall be an action in an appropriate 
State court or United States district court, unless the parties 
otherwise agree.''.
            (9) Section 10721 is amended to read as follows:
``Sec. 10721. Government traffic
    ``A carrier providing transportation or service for the United 
States Government may transport property or individuals for the United 
States Government without charge or at a rate reduced from the 
applicable commercial rate. Section 3709 of the Revised Statutes (41 
U.S.C. 5) does not apply when transportation for the United States 
Government can be obtained from a carrier lawfully operating in the 
area where the transportation would be provided.''.
            (10) Section 10750.
            (11) Subsections (a)(3)-(a)(5), and subsections (h) and (i) 
        of section 10762, as amended by striking the last sentence in 
        each.
            (12) Section 10763, as amended by striking ``(a)(1)'' and 
        inserting ``(a)'' in lieu thereof and by striking ``(a)(2)'' 
        and inserting ``(b)'' in lieu thereof.
    (f) There are hereby transferred to and vested in the Secretary of 
Transportation all functions, powers, and duties of the Interstate 
Commerce Commission under the following sections of chapter 109 of 
title 49, United States Code, effective September 30, 1996:
            (1) Section 10901 is amended as follows:
                    (A) By amending the title of the section to read 
                ``Rail Line Crossings for New Lines''.
                    (B) In subsection (d) by--
                            (i) striking ``Where a rail carrier has 
                        been issued a certificate of public convenience 
                        and necessity by the Commission authorizing the 
                        construction or extension of'' and inserting 
                        ``Where a rail carrier desires to construct or 
                        extend'' in lieu thereof; and
                            (ii) redesignating subsection (d) as new 
                        subsection (a); and
                    (C) In subsection (e) by--
                            (i) striking ``Commission'' and inserting 
                        in lieu thereof ``Secretary of Labor''; and
                            (ii) redesignating subsection (e) as new 
                        subsection (b).
            (2) Section 10903 is amended to read as follows:
    ``(a) A rail carrier providing transportation subject to the 
jurisdiction of the Secretary under subchapter I of chapter 105 of this 
title may--
            ``(1) abandon any part of its railroad lines; or
            ``(2) discontinue the operation of all rail transportation 
        over any part of its railroad lines, 60 days after filing a 
        notice of intent to abandon or discontinue a rail line with the 
        Secretary, except as provided in subsection (e) of this 
        section, but only if approved by the Secretary. Upon compliance 
        with the requirements of this section, the Secretary shall 
        certify that all requirements have been met. As a condition of 
        such certification, the Secretary shall include provisions to 
        protect the interests of employees. The provisions shall be at 
        least as beneficial to those interests as the provisions 
        established under section 11347 and section 405(b) of the Rail 
        Passenger Service Act (45 U.S.C. 565(b)).
    ``(b) A notice of intent filed with the Secretary shall contain--
            ``(1) a description of the line that will be abandoned or 
        discontinued and the date of such proposed abandonment or 
        discontinuance;
            ``(2) a statement that the line is available for subsidy or 
        sale in accordance with section 10905 of this title;
            ``(3) a statement that the carrier shall promptly provide 
        to each interested party an estimate of the subsidy and minimum 
        purchase price required to keep the line in operation, 
        calculated in accordance with section 10905 of this title, and
            ``(4) the name and business address of the person who is 
        authorized to discuss the sale or subsidy terms for the 
        carrier.
    ``(c) The rail carrier shall--
            ``(1) send, by certified mail, a copy of the notice of 
        intent to the chief executive officer of each State that would 
        be directly affected by the proposed abandonment or 
        discontinuance;
            ``(2) post a copy of the notice in each terminal and 
        station on each portion of a railroad line proposed to be 
        abandoned or over which rail transportation is to be 
        discontinued;
            ``(3) publish a copy of the notice for three consecutive 
        weeks in a newspaper of general circulation in each county in 
        which each such portion is located; and
            ``(4) mail a copy of the notice, to the extent practicable, 
        to all shippers that have made significant us of the railroad 
        line during the 12 months preceding the filing of the 
        application.
    ``(d) A rail carrier may file a notice of intent with the Secretary 
only after complying with subsection (c) above. Such notice shall 
include an affidavit certifying the rail carrier performed all the 
actions required by subsection (c) above within the 30 days immediately 
preceding the filing of the notice.
    ``(e) Any time after the issuance of the notice of intent and 
before the abandonment or discontinuance of the line, a person may 
submit a notice of intent to make an offer to pay the carrier a subsidy 
or offer to purchase the line to assure the continued operation of the 
line. If a notice of intent to make an offer is received by the owner 
of the railroad line, the line may not be abandoned pending the full 
consideration of the offer in accordance with the provisions of section 
10905.''.
            (3) Section 10905, is amended by--
                    (A) in subsection (b) by striking ``an application 
                for a certificate of abandonment or discontinuance'' 
                and inserting ``a notice of intent to abandon or 
                discontinue a rail line with the Secretary'' in lieu 
                thereof.
                    (B) in subsection (c) by--
                            (i) striking the first two sentences and 
                        inserting ``At any time prior to abandonment, a 
                        person may submit to the carrier a notice of 
                        intent to make an offer to subsidize or 
                        purchase the line under section 10903.'' in 
                        lieu thereof; and
                            (ii) adding ``The owner of the railroad 
                        line shall give full consideration to the 
                        offer.'' at the end of subsection (c).
                    (C) redesignating subsection (d) as new subsection 
                (e) and amending it by--
                            (i) striking ``If, within 15 days after the 
                        publication required in subsection (c) of this 
                        section, the Commission finds that--'' and 
                        inserting ``If a request is made to the 
                        Secretary to establish an appropriate subsidy 
                        or purchase price and the Secretary finds 
                        that--'' in lieu thereof; and
                            (ii) striking ``the Commission shall 
                        postpone the issuance of a certificate 
                        authorizing abandonment or discontinuance in 
                        accordance with subsections (e) and (f) of this 
                        section.'' and inserting ``the Secretary shall, 
                        within 30 days, establish an appropriate 
                        subsidy or purchase price as provided in 
                        subsection (f) of this section.'' in lieu 
                        thereof;
                    (D) redesignating subsection (e) as new subsection 
                (d) and amending it to read as follows:
    ``(d)(1) If the carrier and the person offering a subsidy or 
offering to purchase the line enter into an agreement, the line shall 
not be abandoned but shall be controlled by the terms of the agreement. 
If the parties fail to reach agreement, either party may request the 
Secretary to establish an appropriate subsidy or purchase price under 
the provisions of subsection (f) of this section.
    ``(2) At any time after the receipt of a notice of intent to make 
an offer to subsidize or purchase the line (but not more than once each 
30 days), the owning carrier may ask the Secretary to determine whether 
the offer is a bona fide offer.
    ``(3) Pursuant to a request for determination under paragraph (2) 
of this subsection, the Secretary may, after consideration of all 
relevant fact--
            ``(A) find that the offeror is exerting its best effort to 
        bring the negotiation to fruition and require that negotiations 
        continue, or
            ``(B) find that the offeror has not made a bona fide effort 
        to pursue the negotiations toward completion and set a date 
        upon which the abandonment shall become effective.''.
                    (E) in subsection (f)(1) by striking ``Whenever the 
                Commission is requested to establish the conditions 
and amount of compensation under this section--'' and inserting 
``Whenever the Secretary is required to establish an appropriate 
subsidy or purchase price as provided in subsection (e) of this 
section--'' in lieu thereof;
                    (F) in subsection (f)(2) by striking ``the 
                Commission shall immediately issue a certificate 
                authorizing the abandonment or discontinuance, unless 
                other offers are being considered pursuant to paragraph 
                (3) of this subsection'' and inserting ``the line may 
                be abandoned or discontinued in accordance with the 
                provisions of section 10903, as if no offer had been 
                received.''.
            (4) Section 10906.
            (5) Subsection (b) of section 10907, as amended by striking 
        the paragraph designator ``(b)''.
            (6) Section 10910, is amended by--
                    (A) amending subsection (b)(1) to read as follows:
            ``(1) When the Secretary finds that the public convenience 
        and necessity require the sale of a particular railroad line 
        under this section and an offer to purchase such line has been 
        made by a financially responsible person, the Secretary shall 
        require the rail carrier owning the railroad line to sell such 
        line to such financially responsible person at a price of not 
        less than the constitutional minimum value.''.
                    (B) striking ``, after a hearing on the record,'' 
                in subsection (c)(1);
                    (C) amending subsection (c)(2) to read as follows:
            ``(2) In a proceeding under this section, the burden of 
        proving that the public convenience and necessity require the 
        sale of a particular railroad line is on the person offering to 
        acquire the line.''; and
                    (D) striking subsections (e), (f), (g), (i), and 
                (k) and redesignating subsections (h) and (j) as new 
                subsections (e) and (f), respectively.
    (g) There are hereby transferred to and vested in the Secretary of 
Transportation all functions, powers and duties of the Interstate 
Commerce Commission under the following sections of chapter 111 of 
title 49, United States Code, effective September 30, 1996:
            (1) Section 11101, is amended by--
                    (A) amending subsection (a) to read:
    ``A common carrier providing transportation or service subject to 
the jurisdiction of the Secretary under chapter 105 of this title shall 
provide the transportation or service to a shipper or to a connecting 
rail carrier on reasonable request. A rail carrier shall not be found 
to have violated this section because it fulfills its commitments under 
transportation contracts before responding to reasonable requests for 
service from shipper.''; and
                    (B) in subsection (d), by striking ``under 
                subchapter II of chapter 105 of this title''.
            (2) Section 11103 is amended by--
                    (A) in subsection (a) by striking ``The Interstate 
                Commerce Commission may'' and inserting ``If the 
                Secretary determines, under section 10709 of this 
                title, that a rail carrier has market dominance over 
                the transportation of certain freight, the Secretary 
                may, with respect to that freight,'' in lieu thereof 
                and by striking ``a rail carrier'' and inserting ``that 
                rail carrier'' in lieu thereof;
                    (B) in subsection (c)(1) by striking ``The 
                Commission'' and inserting ``If the Secretary 
                determines, under section 10709 of this title, that a 
                rail carrier has market dominance over the 
                transportation of certain freight, then with respect to 
                that freight, the Secretary ''; and
                    (C) in subsection (c)(2) by striking ``Commission'' 
                and inserting ``Secretary of Labor''.
            (3) Section 11104.
            (4) Section 11107, is amended to read as follows:
    ``The Secretary may prescribe regulations concerning arrangements 
between a motor carrier providing transportation of property and any 
other person under which such other person is to provide any portion of 
such transportation by a motor vehicle not owned by the carrier.''.
            (5) Section 11122, is amended by adding the following new 
        subsection:
    ``(c) The Secretary may prescribe and maintain such rules and 
regulations with respect to car hire as the Secretary deems 
necessary.'';
            (6) Section 11123.
            (7) Section 11125.
            (8) Section 11128, is amended by striking ``sections 
        11123(a)(4) and 11127(a)(1)(C)'' and inserting ``section 
        11123(a)'' in lieu thereof.
            (9) Section 11141, insofar as it applies to rail carriers.
            (10) Section 11143, insofar as it applies to rail carriers.
            (11) Section 11144, insofar as it applies to rail carriers.
            (12) Section 11145, is amended as follows:
                    (A) In subsection (a) by inserting ``rail'' before 
                the word ``carriers'' and by striking ``brokers,'' and 
                ``or express''.
                    (B) By amending subsection (b) to read as follows:
    ``(b) The Secretary may require motor carriers, motor private 
carriers, freight forwarders, brokers, lessors, and associations, or 
classes of them as the Secretary may prescribe, to respond to surveys 
concerning their operations.''.
                    (C) By striking (c).
            (13) Section 11165.
            (14) Section 11166.
            (15) Subchapter IV.
    (h) There are hereby transferred to and vested in the Secretary of 
Transportation all functions, powers and duties of the Interstate 
Commerce Commission under the following section of chapter 113 of title 
49, United States Code, effective September 30, 1996:
            (1) Section 11303, is amended by adding a new subsection as 
        follows:
    ``(c) The Secretary may establish a fee system for using the lien 
recordation system. Fees collected under this subsection in a fiscal 
year shall equal as nearly as possible the costs of operating the 
recordation system in that fiscal year. Such fees may be credited to 
the Department of Transportation appropriation account charged in 
proportion to the amount expended from the account for these purposes, 
and shall be available for expenditure until expended.''.
    (i) There are hereby transferred to and vested in the Secretary of 
Transportation all functions, powers, and duties of the Interstate 
Commerce Commission under the following sections of chapter 115 of 
title 49, United States Code, effective September 30, 1996:
            (1) Section 11501, is amended as follows:
                    (A) By striking subsections (a), (b), (c), (d), and 
                (f).
                    (B) By inserting a new subsection (a) to read as 
                follows:
    ``(a) Notwithstanding any other provision of law, no State or 
political subdivision thereof and no interstate agency or other 
political agency of two or more States shall enact or enforce any law, 
rule, regulation, standard, or other provision having the force and 
effect of law relating to interstate or intrastate market entry, exit, 
rates, or services of a rail carrier that provides transportation of 
property in interstate commerce subject to the jurisdiction of the 
Secretary under subchapter I of chapter 105 of this title.''.
                    (C) In the first sentence of subsection (e) by--
                            (i) inserting after ``relating to'' the 
                        words ``rates, routes, services or'';
                            (ii) inserting `an interstate'' before 
                        ``motor common carrier of passengers'';
                            (iii) striking ``subject to the 
                        jurisdiction of the Commission under subchapter 
                        II of chapter 105 of this title'';
                            (iv) striking the word ``authorized'';
                            (v) striking ``reduction in the rates for 
                        such transportation'' and inserting 
                        ``abandonment of service'' in lieu thereof; and
                            (vi) redesignating subsection (e) as 
                        subsection (b).
                    (D) In subsection (g) by--
                            (i) in subparagraph (1) by striking ``(1) 
                        General rule.--Subject to paragraph (2) of this 
                        subsection, no'' and inserting ``No'' in 
lieu thereof and by striking ``interstate'' the last three times it 
appears;
                            (ii) striking subsection (2); and
                            (iii) redesignating subsection (g) as 
                        subsection (c).
                    (E) By striking subsection (h) and amending section 
                41713(b) of title 49, United States Code by adding the 
                text of subsection (h) as new subparagraph 41713(b)(5).
            (2) Section 11503.
            (3) Section 11503a.
            (4) Section 11504, is amended as follows:
                    (A) In subsection (a) by striking ``subject to the 
                jurisdiction of the Commission under subchapter I of 
                chapter 105 of this title''.
                    (B) In subparagraph (b)(1) by striking ``subject to 
                the jurisdiction of the Commission under subchapter II 
                of chapter 105 of this title''.
                    (C) In subparagraph (c)(2) by striking ``water 
                carrier providing transportation subject to the 
                jurisdiction of the Commission under subchapter III of 
                chapter 105 of this title or a''.
    (j) There are hereby transferred to and vested in the Secretary of 
Transportation all functions, powers and duties of the Interstate 
Commerce Commission under the following sections of chapter 117 of 
title 49, United States Code, effective September 30, 1996:
            (1) Section 11701, is amended to read as follows:
    ``The Secretary may begin an investigation under this subtitle on 
his or her own initiative or on complaint of any person, including a 
governmental authority, of a violation of this subtitle by a rail 
carrier or a motor carrier, including a foreign motor carrier. The 
Secretary may dismiss a complaint he or she determines does not state 
reasonable grounds for investigation or action. If the Secretary finds 
a violation of this subtitle, the Secretary shall take appropriate 
action to compel compliance with this subtitle. An investigation 
undertaken by the Secretary shall be concluded within 180 days after 
the date on which it was begun.''.
            (2) Section 11702, is amended to read as follows:
    ``The Attorney General, on behalf of the Secretary may bring a 
civil action to enforce an order or regulation of the Secretary issued 
under authority of this subtitle.''.
            (3) Section 11703, is amended in subparagraph (a) by 
        striking ``or permit'' both times it appears.
            (4) Section 11705, is amended as follows:
                    (A) By striking ``subchapter I or III of'' wherever 
                it appears.
                    (B) In subsection (a) by--
                            (i) striking ``or a freight forwarder'';
                            (ii) inserting ``(1)'' after the word 
                        ``obey''; and
                            (iii) inserting after ``money,'' the phrase 
                        ``(2) a regulation of the Secretary prescribed 
                        under section 11107 of this title.''.
                    (C) In subsection (b)--
                            (i) by striking subparagraphs (1) and (3) 
                        and redesignating subparagraph (2) as 
                        subparagraph (1); and
                            (ii) by inserting a new subparagraph (2) as 
                        follows:
            ``(2) A motor carrier of property is liable for treble 
        damages sustained by a person as a result of a violation of a 
        regulation prescribed by the Secretary under section 11107 of 
        this title.''.
                    (D) In subsection (c)(1) by striking ``11701(b)'' 
                and inserting ``11701'' in lieu thereof and by striking 
                the last sentence.
                    (E) In subparagraph (d)(1)--
                            (i) by striking ``if a rail carrier,'';
                            (ii) by striking ``, or (D) if a water 
                        carrier, in which a port of call on a route 
                        operated by that carrier is located''; and
                            (iii) by inserting ``or'' before the 
                        designator (c).
            (5) Section 11706, is amended as follows:
                    (A) In subsection (a) by striking ``or a freight 
                forwarder'', ``or freight forwarder'' and ``or freight 
                forwarder (other than a household goods freight 
                forwarder)''.
                    (B) In subsection (b) by striking ``subchapter I or 
                III of''.
                    (C) By striking subparagraph (c)(2) and 
                redesignating subparagraph (c)(1) as subsection (c).
                    (D) In subsection (d) by striking ``(c)(1)'' and 
                inserting ``(c)'' in lieu thereof.
            (6) Section 11710.
            (7) Section 11712, is amended in subsection (a) by striking 
        ``subject to the jurisdiction of the Commission under 
        subchapter II of chapter 105 of this title (other than motor 
        carriers providing transportation of household goods)''.
    (k) There are hereby transferred to and vested in the Secretary of 
Transportation all functions, powers and duties of the Interstate 
Commerce Commission under the following sections of chapter 119 of 
title 49, United States Code, effective September 30, 1996:
            (1) Section 11901, as amended as follows:
                    (A) In subsection (b) by striking ``10761, 10762, 
                10764, 10765, or''.
                    (B) In subsection (d) by--
                            (i) striking ``sections 10901-10907'' and 
                        inserting ``sections 10901, 10903, 10905, and 
                        10907'' in lieu thereof; and
                            (ii) redesignating subsection (d) as 
                        subsection ``(c)''.
                    (C) By striking ``11124'' and ``11127'' from 
                subsection (e)(1) and redesignating it as subsection 
                ``(d)''.
                    (D) In subsection (f) by--
                            (i) in subparagraphs (2) and (3), striking 
                        $100 in both places and inserting ``$500'' in 
                        lieu thereof;
                            (ii) redesignating subparagraph (4) as (5) 
                        and inserting a new subparagraph (4) as 
                        follows:
            ``(4) A motor carrier, motor private carrier, broker, 
        lessor, or association of such entities required to respond to 
        a survey under section 11145(b) of this title that does not 
        respond, is liable to the United States Government for a civil 
        penalty of $500 for each violation.''.
                            (iii) redesignating subsection (f) as 
                        subsection ``(e)''.
                    (E) In subsection (m), by--
                            (i) striking ``(a)-(f)'' and inserting 
                        ``(a)-(e)'' in lieu thereof;
                            (ii) by striking subparagraph (2); and
                            (iii) by redesignating subsection (m)(1) as 
                        subsection (f).
            (2) Section 11902a.
            (3) Section 11909(a), as amended by striking ``(a)''.
            (4) Section 11910 is amended--
                            (i) in subsection (a)(2), by striking 
                        ``providing transportation subject to the 
                        jurisdiction of the Commission under subchapter 
                        II of chapter 105 of this title'';
                            (ii) in subsection (a)(3), by striking 
                        ``providing transportation subject to the 
                        jurisdiction of the Commission under subchapter 
                        III of chapter 105 of this title''; and
                            (iii) in subsection (a)(4), by striking 
                        ``providing transportation subject to the 
                        jurisdiction of the Commission under subchapter 
                        IV of chapter 105 of this title'' and by 
                        striking ``household goods'' each time it 
                        appears.
            (5) Section 11913.
            (6) Subsection (a) of section 11914, is amended by striking 
        the last two sentences.
            (7) Section 11915.

                        miscellaneous amendments

    Sec. 6. (a) Loss and Damage Liability of Carriers.--Section 11707 
of title 49, United States Code is amended to read as follows--
``Sec. 11707. Liability of carriers and freight forwarders under 
              receipts and bills of lading
    ``(a)(1) A motor or rail carrier providing transportation service 
and a freight forwarder shall issue a receipt or bill of lading for 
property it receives for transportation. The carrier or freight 
forwarder that delivers the property is liable to the person entitled 
to recover under the receipt or bill of lading. The liability imposed 
under this section, subject to subsection (e) below, is for the actual 
loss, damage or delay to the property caused by--
            ``(1) the receiving carrier,
            ``(2) the delivering carrier, or
            ``(3) another carrier over whose line or route the property 
        is transported in the United States or from a place in the 
        United States to a place in an adjacent foreign country when 
        transported under a through bill of lading and, except in the 
        case of a freight forwarder, applies to re-consigned or 
        diverted property.
Failure to issue a receipt or bill of lading does not affect the 
liability of a carrier or freight forwarder. A delivering carrier is 
deemed to be the carrier performing the line-haul transportation 
nearest the destination but does not include a carrier providing only a 
switching service at the destination.
    ``(2) A freight forwarder is both the receiving and delivering 
carrier. When a freight forwarder provides service and uses a motor 
carrier providing transportation, the motor carrier may execute the 
bill of lading or shipping receipt for the freight forwarder with its 
consent. With the consent of the freight forwarder, a motor carrier may 
deliver property for a freight forwarder on the freight forwarder's 
bill of lading, freight bill, or shipping receipt to the consignee 
named in it, and receipt for the property may be made on the freight 
forwarder's delivery receipt.
    ``(b) The carrier issuing the receipt or bill of lading under 
subsection (a) of this section or delivering the property for which the 
receipt or bill of lading was issued is entitled to recover from the 
carrier over whose line or route the loss, damage or delay occurred the 
amount required to be paid to the owners of the property, as evidenced 
by a receipt, judgment, or transcript, and the amount of its expenses 
reasonably incurred in defending a civil action brought by that person.
    ``(c)(1) A civil action under this section may be brought against a 
delivering carrier (other than a rail carrier) in a district court of 
the United States or in a State court. Trial, if the action is brought 
in a district court of the United States is in a judicial district, and 
if in a State court, is in a State through which the defendant carrier 
operates a railroad or route.
    ``(2)(A) A civil action under this section may only be brought--
            ``(i) against the originating rail carrier, in the judicial 
        district in which the point of origin is located;
            ``(ii) against the delivering rail carrier, in the judicial 
        district in which the principal place of business or the person 
        bringing the action is located if the delivering carrier 
        operates a railroad or a route through such judicial district, 
        or in the judicial district in which the point of destination 
        is located; and
            ``(iii) against the carrier alleged to have caused the loss 
        or damage, in the judicial district in which such loss or 
        damage is alleged to have occurred.
    ``(B) In this section, `judicial district' means--
            (i) in the case of a United States district court, a 
        judicial district of the United States, and
            (ii) in the case of a State court, the applicable 
        geographic area over which such court exercises jurisdiction.
    ``(d) A carrier or freight forwarder may not provide by rule, 
contract, or otherwise, a period of less than 2 years for bringing a 
civil action against it under this section. The period for bringing a 
civil action is computed from the date the carrier or freight forwarder 
gives a person written notice that the carrier or freight forwarder has 
disallowed any part of the claim specified in the notice. For the 
purposes of this subsection--
            ``(1) an offer of compromise shall not constitute a 
        disallowance of any part of the claim unless the carrier or 
        freight forwarder, in writing, informs the claimant that such 
        part of the claim is disallowed and provides reasons for such 
        disallowance; and
            ``(2) communication received from a carrier's or freight 
        forwarder's insurer shall not constitute a disallowance of any 
        part of the claim unless the insurer, in writing informs the 
        claimant that such part of the claim is disallowed, provides 
        reason for such disallowance and informs the claimant that the 
        insurer is acting on behalf of the carrier or freight 
        forwarder.
    ``(e) A carrier or freight forwarder may not limit or be exempt 
from liability imposed by subsection (a) of this section except as 
provided in this subsection:
            ``(1) When a motor or rail carrier or freight forwarder is 
        liable for loss resulting from loss, damage or delay the motor 
        or rail carrier's or freight forwarder's liability shall be the 
        full value of the goods lost, damaged or delayed. By written 
        agreement between the motor or rail carrier or freight 
        forwarder and the shipper different limits of liability may be 
        fixed in the receipt or the bill of lading.
            ``(2) If loss, damage or delay to property occurs while it 
        is in the custody of a water carrier, the liability of that 
        carrier is determined by its bill of lading and the law 
        applicable to water transportation. The liability of the 
        initial or delivering carrier is the same as the liability of 
        the water carrier.
            ``(3) A common carrier of passengers may limit its 
        liability for loss, damage or delay to baggage carried on 
        passenger trains, boats, or motor vehicles in accordance with 
        subsection (e)(1) of this section.
    ``(f) The documents referred to in this section may be issued in 
any form which preserves a record of the information contained therein. 
When the carrier and the shipper have agreed to communicate 
electronically, the documents referred to in this section may be 
replaced by an equivalent electronic data interchange message.''.
    (b) Backhaul Allowances.--Section 10732 of title 49, United States 
Code, is amended--
            (1) by striking ``food and grocery'' both times it appears;
            (2) by striking subparagraph (b) and the subparagraph 
        designator ``(a)''; and
            (3) by amending the title to read ``Backhaul Allowances''.
    (c) Foreign Motor Carriers.--Subchapter 311 of title 49, United 
States Code is amended by adding a new section as follows:
``Sec. 31181. Restrictions on motor carriers domiciled in or owned or 
              controlled by nationals of a contiguous foreign country
    ``(a) If the President of the United States, or his or her 
delegate, determines that an act, policy or practice of a foreign 
country contiguous to the United States, or any political subdivision 
or any instrumentality of any such country is unreasonable or 
discriminatory and burdens or restricts United States transportation 
companies providing, or seeking to provide, motor carrier 
transportation of property or passengers to, from or within such 
foreign country, the President, or his or her delegate, may--
            ``(1) seek elimination of such practices through 
        consultations; or
            ``(2) notwithstanding any other provision of law, suspend, 
        modify, amend, condition, or restrict operations, including 
        geographical restriction of operations, in the United States by 
        motor carriers of property or passengers domiciled in such 
        foreign country or owned or controlled by persons of such 
        foreign country.
    ``(b) Any action taken under paragraph (a)(2) to eliminate an act, 
policy or practice shall be so devised so as to equal to the extent 
possible the burdens or restrictions imposed by such foreign country on 
United States transportation companies.
    ``(c) The President, or his or her delegate, may remove or modify 
in whole or in part any action taken under paragraph (a)(2) if the 
President, or his delegate, determines that such removal or 
modification is consistent with the obligations of the United States 
under a trade agreement or with United States transportation policy.
    ``(d) Unless and until the President or his or her delegate makes a 
determination under paragraphs (a) or (c) above, nothing in this 
subsection shall affect--
            ``(1) operations of motor carriers of property or 
        passengers domiciled in any contiguous foreign country or owned 
        or controlled by persons of any contiguous foreign country 
        permitted in the commercial zones along the United States-
        Mexico border as defined at the time of enactment of the 
        Interstate Commerce Commission Sunset Act of 1995; or
            ``(2) any existing restrictions on operations of motor 
        carriers of property or passengers domiciled in any contiguous 
        foreign country or owned or controlled by persons of any 
        contiguous foreign country or any modifications thereof 
        pursuant to section 6 of the Bus Regulatory Reform Act of 1982.
    ``(e) Unless the President, or his or her delegate, determines that 
expeditious action is required, he shall publish in the Federal 
Register any determination under paragraphs (a) or (c) together with a 
description of the facts on which such a determination is based and any 
proposed action to be taken pursuant to paragraphs (a)(2) or (c) and 
provide an opportunity for public comments.
    ``(f) The President may delegate any or all authority under this 
subsection to the Secretary of Transportation who shall consult with 
other agencies as appropriate. In accordance with the directions of the 
President, the Secretary of Transportation may issue regulations to 
enforce this subsection.
    ``(g) The Attorney General, on behalf of the Secretary of 
Transportation, may bring a civil action in an appropriate district 
court of the United States to enforce this subsection or a regulation 
prescribed or order issued under this subsection. The court may award 
appropriate relief, including injunctive relief.
    ``(h) This subsection shall not affect the requirement for all 
foreign motor carriers operating in the United States to fully comply 
with all applicable laws and regulations pertaining to safety fitness; 
safety of operations; financial responsibility; and taxes imposed by 
section 4481 of Internal Revenue Code of 1994.''.
    (d) Lumping Practices.--Section 11109 of title 49, United States 
Code is amended by striking the parenthetical phrase both times it 
appears.
    (e) Labor Protection.--Section 11347 is amended, effective 
September 30, 1996, by--
            (1) striking ``Interstate Commerce Commission'' and 
        ``Commission'' wherever those terms appear and inserting 
        ``Secretary of Labor'' in lieu thereof;
            (2) striking ``When a rail carrier is involved in a 
        transaction for which approval is sought under sections 11344 
        and 11345 or section 11346 of this title, the Interstate 
        Commerce Commission shall require the carrier'' and inserting 
        ``The Secretary of Labor shall require a rail carrier 
        undertaking a transaction (and may require any other person 
        unless exempted under section 10505 of this title) involving a 
        purchase, lease, or transfer of a rail line, the acquisition of 
        trackage or operating rights, or joint ownership or joint use 
        of a rail line,''; and
            (3) inserting after the last sentence: ``The Secretary of 
        Transportation shall determine whether or not the person 
        acquiring the property or rights involved in the transaction is 
        a rail carrier.''
    (f) Tax Discrimination.--Subparagraph (a)(3) of section 11503a of 
title 49, United States Code, is amended to read as follows:
            ``(3) `motor carrier transportation property' means 
        property owned or used by a motor carrier providing 
        transportation in interstate commerce; and''.
    (g) Section 22101(a)(1) of title 49, United States Code, is amended 
by striking ``the Interstate Commerce Commission has authorized, or 
exempted from the requirements of that authorization, the abandonment 
of, or the discontinuance of rail transportation on, the rail line 
related to the project;'' and insert ``a notice of intent to abandon or 
discontinue has been filed with the Secretary pursuant to section 10903 
of this title;'' in lieu thereof.
    (h) Subsection (c) of section 24301 of title 49, United States 
Code, is amended by striking the paragraph designator ``(1)'' and 
striking subparagraph (2) in its entirety.
    (i) Subsection (b)(1) of section 24306 of title 49, United States 
Code, is amended by inserting a period after ``route'' and striking the 
remainder of the paragraph.
    (j) Section 24308 of title 49, United States Code, is amended by 
striking ``Interstate Commerce Commission'' and ``Commission'' wherever 
they appear and inserting ``Secretary'' in lieu thereof.
    (k) Section 24311 of title 49, United States Code, is amended by 
striking ``Interstate Commerce Commission'' and ``Commission'' wherever 
they appear and inserting ``Secretary'' in lieu thereof.
    (l) Section 24505 of title 49, United States Code, is amended by 
striking ``Interstate Commerce Commission'' and ``Commission'' wherever 
they appear and inserting ``Secretary'' in lieu thereof.
    (m) Subsection (j) of section 24902 of title 49, United States 
Code, is amended by striking the subparagraph designator ``(1)'' in the 
first subparagraph and by striking subparagraphs (2) and (3).
    (n) Section 24904 of title 49, United States Code, is amended by 
striking ``Interstate Commerce Commission'' and ``Commission'' wherever 
they appear and inserting ``Secretary'' in lieu thereof.
    (o) Section 451 of title 2, United States Code, is amended by 
striking ``Interstate Commerce Commission''.
    (p) Section 1291(a) of title 7, United States Code, is amended by 
striking ``Interstate Commerce Commission'' and ``Commission'' wherever 
they appear and inserting ``Secretary'' in lieu thereof.
    (q) Section 2145(a) of title 7, United States Code, is amended by 
striking ``Interstate Commerce Commission, the''.
    (r) Title 11 of the United States Code is amended by--
            (1) in section 1164 by striking ``Commission, the.''
            (2) in section 1170 by--
                    (A) amending subsection (b) to read as follows:
    ``(b) The court may authorize the abandonment under subsection (a) 
provided that the trustee files a notice of intent to abandon or 
discontinue service, as required by section 10903 of title 49, United 
States Code.
                    (B) striking subparagraph (c); and
                    (C) striking ``the Commission,'' in subsection 
                (d)(2)
            (3) in section 1172 by striking ``Commission'' wherever it 
        appears and inserting ``Secretary of Transportation'' in lieu 
        thereof.
    (s) Title 15 of the United States Code is amended by--
            (1) in section 1681s by striking ``Interstate Commerce 
        Commission'' and inserting ``Secretary of Transportation'' in 
        lieu thereof;
            (2) in section 1691c by striking ``Interstate Commerce 
        Commission'' and inserting ``Secretary of Transportation'' in 
        lieu thereof; and
            (3) in section 1692l by striking ``Interstate Commerce 
        Commission'' and inserting ``Secretary of Transportation'' in 
        lieu thereof.
    (t) Title 16 of the United States Code is amended by--
            (1) in section 1247 by--
                    (A) striking ``, the Chairman of the Interstate 
                Commerce Commission,'' and
                    (B) striking ``Commission'' and inserting 
                ``Secretary of Transportation'' in lieu thereof; and
            (2) in section 1248 by striking ``, the Interstate Commerce 
        Commission,''.
    (u) Title 26 of the United States Code is amended by--
            (1) in section 3231(a) by--
                    (A) striking ``Interstate Commerce Commission'' and 
                inserting ``Secretary of Transportation'' in lieu 
                thereof; and
                    (B) striking ``upon request of the Secretary, or''
            (2) in section 7701(a)(33) by--
                    (A) striking ``Interstate Commerce Commission'' and 
                inserting ``Secretary of Transportation'' in lieu 
                thereof; and
                    (B) striking ``of the Interstate Commerce 
                Commission under subchapter III of chapter 105 of title 
                49, or subject to the jurisdiction'' in subparagraph 
                (F).
    (v) Title 28 of the United States Code is amended by--
            (1) in section 1336 by striking ``Interstate Commerce 
        Commission'' and inserting ``Secretary of Transportation'' in 
        lieu thereof;
            (2) in section 2321 (a) and (b) by striking ``Interstate 
        Commerce Commission'' and inserting ``Secretary of 
        Transportation'' in lieu thereof;
            (3) in section 2323 by striking ``Interstate Commerce 
        Commission'' and inserting ``Secretary of Transportation, 
        subject to the Attorney General's consent,'' in lieu thereof, 
        and by inserting ``private'' between ``such'' and ``party'' in 
        the final sentence thereof;
            (4) in section 2341(3)(A) by striking ``Interstate Commerce 
        Commission''; and
            (5) in section 2342(5) by striking ``Interstate Commerce 
        Commission'' and ``Commission'' and inserting ``Secretary of 
        Transportation'' in lieu thereof.
    (w) Section 3726(b) of title 31, United States Code, is amended by 
striking paragraphs (1) and (2) and inserting after ``under'' the 
following: ``a commercial rate or a rate established pursuant to 
section 10721 of title 49 or an equivalent arrangement or an 
exemption.''.
    (x) Section 5005(b)(3) of title 39, United States Code, is amended 
by striking ``either the Interstate Commerce Commission or''.
    (y) Sections 13369 and 6362 of title 42, United States Code, are 
amended by striking ``Interstate Commerce Commission'' and inserting 
``Secretary of Transportation'' in lieu thereof.
    (z) Title 45 of the United States Code is amended by--
            (1) in section 151, striking ``Interstate Commerce 
        Commission'' and inserting ``Secretary of Transportation'' in 
        lieu thereof;
            (2) in section 231(a)(2)(ii)--
                    (A) striking ``Interstate Commerce Commission'' and 
                inserting ``Secretary of Transportation'' in lieu 
                thereof; and
                    (B) striking ``after hearing''.
            (3) in section 351(a) by--
                    (A) striking ``Interstate Commerce Commission'' and 
                inserting ``Secretary of Transportation'' in lieu 
                thereof; and
                    (B) striking ``after hearing''.
            (4) in section 352(h)(3) by striking ``Interstate Commerce 
        Commission'' and inserting ``Secretary of Transportation'' in 
        lieu thereof;
            (5) in section 661 by striking subsection (2) and 
        redesignating subsections (3) and (4) as subsections ``(2)'' 
        and ``(3)'' respectively;
            (6) in section 662(a) by striking ``after consultation with 
        the Commission'';
            (7) in section 662(b) by--
                    (A) striking ``after consultation with the 
                Commission''; and
                    (B) striking ``and the operation over the lines 
                shall be subject to the approval of the Commission 
                pursuant to the provisions of subchapter III of chapter 
                113 of title 49,'' and ``or the Commission'';
            (8) in section 665(a) by striking ``, and shall consult 
        with the Interstate Commerce Commission in carrying out the 
        provisions of this chapter'';
            (9) by amending section 744(d) by--
                    (A) in paragraph (1) striking ``only if the 
                Commission determines, on petition by any affected 
                party, that the agreement would substantially impair 
                such railroad's ability to serve adequately its own 
                patrons or to meet its outstanding common carrier 
                obligations'';
                    (B) in paragraph (1)(A) striking ``, unless the 
                Commission determines that such rail service 
                continuation could be performed more efficiently and 
                economically by another railroad''; and
                    (C) in paragraph (1)(B) striking ``or if the 
                Commission makes a determination in accordance with 
                subparagraph (A) of this paragraph'';
            (10) by amending section 744(g) to read as follows:
    ``(g) Abandonment by Corporation.--The Corporation may abandon any 
rail properties in accordance with the provisions of section 10903 of 
title 49, United States Code.''; and
            (11) by amending section 1207 by striking ``Interstate 
        Commerce Commission'' wherever it appears and inserting 
        ``Secretary of Transportation'' in lieu thereof.
    (aa) Section 333 of title 49, United States Code, is amended by--
            (1) striking subparagraph (d)(1)(C) and redesignating 
        subparagraphs (D) and (E) as ``(C)'' and ``(D)'', respectively; 
        and
            (2) by striking subsection (e).
    (bb) Section 131 of title 13, United States Code, is amended by 
inserting the words ``in cooperation with the Department of 
Transportation and'' after the open parenthesis and before the word 
``exclusive''.
    (cc) Section 5314 of title 5, United States Code, is amended by 
striking ``Chairman, Interstate Commerce Commission'' from the listing 
of positions at Level III of the Executive Schedule.
    (dd) Section 5315 of title 5, United States Code, is amended by 
inserting ``Members, Interstate Commerce Commission'' from the listing 
of positions at Level IV of the Executive Schedule.

         motor carrier registration and insurance requirements

    Sec. 7. (a) Chapter 311 of title 49, United States Code, is amended 
as follows:
            (1) Section 31102, is amended in subparagraph (b)(1) by 
        inserting a new subparagraph as follows:
                    ``(Q) ensures that the State will cooperate in the 
                enforcement of registration and financial 
                responsibility requirements under sections 31140 and 
                31146 of this title, or regulations issued 
                thereunder.''.
            (2) Section 31132, is amended as follows:
                    (A) By inserting after the definition of 
                ``interstate commerce'' a new subparagraph as follows:
            (6) `motor carrier' means a person providing transportation 
        of passengers or property by commercial motor vehicle, and 
        includes `motor common carrier', `motor contract carrier', and 
        `motor private carrier' as those terms are defined in section 
        10102 of this title.''; and
                    (B) By renumbering subparagraphs (6) through (10) 
                as subparagraphs (7) through (11).
            (3) Section 31138, is amended as follows:
                    (A) By redesignating subparagraph (a) as (a)(1).
                    (B) By redesignating subparagraph (a)(1) as 
                (a)(1)(A).
                    (C) By redesignating subparagraph (a)(2) as 
                (a)(1)(B).
                    (D) By redesignating subparagraph (a)(3) as 
                (a)(1)(C).
                    (E) By inserting a new subparagraph after (a)(1) as 
                follows:
            ``(2) The current regulations in effect at the time of 
        enactment remain in effect until altered or revised by the 
        Secretary pursuant to the Secretary's authority under this 
        section.''.
                    (F) By striking subparagraph (b).
            (4) Section 31139, is amended as follows:
                    (A) By striking in subparagraph (b)(2) ``The level 
                of financial responsibility established under paragraph 
                (1) of this subsection shall be at least $750,000.'' 
                and inserting in lieu thereof ``The current regulations 
                in effect at the time of enactment remain in effect 
                until altered or revised by the Secretary pursuant to 
                the Secretary's authority under this section.''.
                    (B) By striking subparagraph (c).
                    (C) In subparagraph (d) by striking ``(as those 
                terms are defined in section 10530 of this title) 
                providing transportation of property under a 
                certificate of registration issued under section 
                10530'' and inserting ``(as those terms are defined in 
                section 31501) providing transportation of passengers 
                or property'' in lieu thereof.
            (5) By inserting a new section as follows:
``Sec. 31140. Commercial Motor Carrier Financial Responsibility 
              Information System
    ``(a) General Requirement.--The Secretary of Transportation is 
authorized to enter into an agreement under subsection (b) of this 
section for the operation of, or establish under subsection (c) of this 
section, an information system that will serve as a clearinghouse and 
depository of information about compliance with the required levels of 
financial responsibility, identification, and disqualification of 
commercial motor carriers. The Secretary shall consult with the States 
in carrying out this section. Any agreement that the Secretary enters 
into to carry out this section shall ensure the integrity of the 
system.
    ``(b) State Agreements.--If the Secretary decides that an 
information system used by a State or States regarding the financial 
responsibility of commercial motor vehicles and motor carriers or 
another State-operated information system could be used to carry out 
this section, and the State or States agree to the use of the system 
for carrying out this section, the Secretary may enter into an 
agreement with such State or States to use the system as provided in 
this section. An agreement made under this subsection shall contain 
terms the Secretary considers necessary to carry out this chapter.
    ``(c) Establishment by Secretary.--If the Secretary elects not to 
enter into an agreement under subsection (b) of this section, the 
Secretary shall establish an information system regarding the financial 
responsibility status of commercial motor vehicles and motor carriers 
as provided in this section.
    ``(d) Contents.--(1) At a minimum, the information system under 
this section shall include for each motor carrier--
            ``(A) information the Secretary considers appropriate to 
        ensure identification of the motor carrier;
            ``(B) the tax identification number of the motor carrier 
        and other identification numbers the Secretary considers 
        appropriate to identify the operator;
            ``(C) the name of the State(s) within which the carrier 
        operates that issued registration(s) to the motor carrier and 
        in which it registers its commercial motor vehicles; and
            ``(D) the levels and types of financial responsibility 
        applicable to the motor carrier.
    ``(2) Not later than six months following the enactment of this 
section the Secretary shall prescribe regulations with respect to an 
identification system to ensure the identification of commercial motor 
carriers.
    ``(e) Availability of Information.--(1) On the request of any 
State, the Secretary or operator of the information system, as the case 
may be, may make available to such State any information contained in 
the system established under this section.
    ``(2) On request of a motor carrier, the Secretary or the operator 
of the information system, as the case may be, may make available to 
the motor carrier any information in the system pertaining to the 
requesting motor carrier.
    ``(3) On the request of any person, the Secretary or the operator 
of the information system, as the case may be, may make available to 
such person information in the system about any motor carrier.
    ``(4) On the request of the Secretary, the operator of the 
information system shall make available to the Secretary any 
information in the system, including summary reports that the system 
has the capacity to produce.
    ``(f) Fee System.--The Secretary is authorized to establish a fee 
system for using the information system, pursuant to section 9701, 
title 31, United States Code. Fees collected under this subsection in a 
fiscal year shall equal as nearly as possible the costs of operating 
the information system in that fiscal year. Such fees may be credited 
to the Department of Transportation appropriation account charged in 
proportion to the amount expended from the account for these purposes, 
and shall be available for expenditure until expended.''.
            (6) By renumbering section 31140 as 31141.
            (7) By renumbering section 31141 as 31142.
            (8) By renumbering section 31142 as 31143.
            (9) By renumbering section 31143 as 31144.
            (10) By renumbering section 31144 as 31145.
            (11) By inserting a new section, as follows:
``Sec. 31146. Registration
    ``(a) Persons Required To File.--(1) The Secretary of 
Transportation is authorized to require any motor carrier that 
transports or causes to be transported passengers or property in 
commerce, as defined by section 31301, in a commercial motor vehicle to 
register its commercial motor vehicle operations.
    ``(2) The Secretary may require motor carriers domiciled in foreign 
countries to register with the Department of Transportation when 
offering transportation services within the United States.
    ``(3) Department of transportation identification number and 
certificate.--Upon receipt of a registration statement completed in 
accordance with the requirements of this section, the Secretary shall 
issue a Department of Transportation identification number and 
certificate to the motor carrier as proof of registration.
    ``(b) Compliance With Registration Requirements.--
            ``(1) No motor carrier required to file a registration 
        statement under subsection (a) may operate or cause to be 
        operated any commercial motor vehicles in commerce unless the 
        motor carrier's operations are currently registered with the 
        Secretary and the motor carrier has a valid certificate and 
        identification number issued by the Secretary.
            ``(2) The Secretary may deny, revoke, or suspend a motor 
        carrier's registration, identification number and certificate, 
        as provided for in this section, because of noncompliance with 
        the motor carrier safety fitness standards, required levels of 
        financial responsibility, or any restrictions or conditions 
        imposed pursuant to section 31181, as determined by the 
        Secretary.
    ``(c) Form, Contents, and Limitations on Filings.--(1) A 
registration statement under subsection (a) of this section shall be in 
the form and contain information the Secretary of Transportation 
requires by regulation. The statement shall include, at a minimum--
            ``(A) the name and principal place of business of the 
        registrant;
            ``(B) a description of the activity the registrant carries 
        out for which filing a statement under subsection (a) of this 
        section is required;
            ``(C) each State in which the person carries out the 
        activity; and
            ``(D) a designated agent for service of process that is 
        domiciled within the United States if the applicant motor 
        carrier is a foreign motor carrier as defined in section 31501 
        of this title.
    ``(2) A motor carrier carrying out more than one activity; or an 
activity at more than one location for which filing is required, need 
only file one registration statement to comply with subsection (a) of 
this section.
    ``(d) Security of Motor Carriers.--The Secretary may issue a 
Department of Transportation identification number and certificate 
under this section only if the motor carrier, as defined in section 
31132, applying for such registration number, files with the Department 
proof of financial responsibility in an amount not less than that 
prescribed by the Secretary pursuant to, or required by, sections 31138 
and 31139 of this title, and the laws of the State or States in which 
the carrier is operating, to the extent applicable. The security 
obtained by the motor carrier must remain in effect for the entire 
period that the carrier is registered with the Department.
    ``(e) Filing Deadlines and Amendments.--(1) Motor carriers that are 
required to file a registration statement under subsection (a) of this 
section and are presently in possession of a Department of 
Transportation number must renew their registration with the Department 
within 1 year of the effective date of regulations issued pursuant to 
this section. All other motor carriers that are required to file a 
registration statement must register with the Department within 6 
months of the effective date of such regulations. Motor carriers shall 
renew their registrations periodically consistent with regulations the 
Secretary prescribes, but not more than once each year and not less 
than once every 5 years.
    ``(2) The Secretary may decide by regulation when and under what 
circumstances a registration statement must be amended and the 
procedures to follow in amending the statement.
    ``(f) Fee System.--The Secretary is authorized to establish a fee 
system for using the information system, pursuant to section 9701, 
title 31, United States Code. Fees collected under this subsection in a 
fiscal year shall equal as nearly as possible the costs of operating 
the information system in that fiscal year. Such fees may be credited 
to the Department of Transportation appropriation account charged in 
proportion to the amount expended from the account for these purposes, 
and shall be available for expenditure until expended.
    ``(g) Maintaining Proof of Filing and Payment of Fees.--Valid 
Department of Transportation identification numbers and certificates of 
registration shall serve as proof of filing and receipt of 
certification and identification numbers from the Secretary.''.
            (12) By renumbering section 31145 as 31147.
            (13) By renumbering section 31146 as 31148.
            (14) By renumbering section 31147 as 31149.

                amendments to general duties and powers

    Sec. 8. (a) Section 31501 of title 49, United States Code, is 
amended in subparagraph (3)--
            (1) by inserting ``interstate'' before the word 
        ``transportation'' the first time it appears; and
            (2) by striking ``referred to in section 10521(a) of this 
        title''.
    (b) Subparagraph 31502(a)(1) of title 49, United States Code, is 
amended to read as follows:
            ``(1) defined as ``interstate transportation'' by section 
        10102.''.
    (c) Subparagraph 31503(a) of title 49, United States Code, is 
amended by striking ``a motor carrier subject to subchapter II of 
chapter 105 of this title and a motor private carrier'' and inserting 
``an interstate motor carrier or motor private carrier'' in lieu 
thereof.
    (d) The amendments made by this section shall be effective 
September 30, 1996.

                        federal trade commission

    Sec. 9. The Federal Trade Commission Act (15 U.S.C. 41 et seq.), is 
amended as follows:
            (a) Section 5(a)(2) (15 U.S.C. section 45(a)(2)) is amended 
        by deleting the following: ``common carriers subject to the 
        Acts to regulate commerce'' and adding in lieu thereof: 
        ``common carriers subject to the Communications Act of 1934 or 
        Acts amendatory thereof or supplementary thereof''.
            (b) Section 6 (15 U.S.C. section 46) is amended by striking 
        the phrase ``common carriers subject to the Act to regulate 
        commerce'' wherever it appears and adding in lieu thereof 
        ``common carriers described in section 5(a)(2)''.

                   application of the antitrust laws

    Sec. 10. (a) Section 7 of the Clayton Act (15 U.S.C. 18) is 
amended--
            (1) in the first and second paragraphs, by striking out 
        ``or'' immediately after ``stock'' and inserting a comma in 
        lieu thereof and by striking out ``and no person subject to the 
        jurisdiction of the Federal Trade Commission shall acquire the 
        whole or any part of the'' and inserting in lieu thereof 
        ``or'';
            (2) by deleting the fourth paragraph; and
            (3) in the final paragraph, by striking out ``Interstate 
        Commerce Commission,''.
    (b) Section 11(a) of the Clayton Act (15 U.S.C. section 21(a)) is 
amended by striking ``in the Interstate Commerce Commission where 
applicable to common carriers subject to subtitle IV of title 49''; and
    (c) Section 16 of the Clayton Act (15 U.S.C. 26) is amended by 
striking the entire proviso beginning with the words ``Provided, That'' 
through the end of the paragraph, and striking the colon after the word 
``issue'' and inserting a period in lieu thereof.
    (d) The amendments made by this section shall be effective as of 
September 30, 1996.

                transfer of appropriations and personnel

    Sec. 11. (a) The personnel (including career members of the Senior 
Executive Service and excluding all political appointees) employed in 
connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations and other funds 
employed, held, used, arising from, available to or to be made 
available in connection with, any function transferred by this Act, 
subject to section 1531 of title 31, United States Code, shall be 
transferred to the Secretary of Transportation or the Secretary of 
Labor in accordance with the transfer of such function. Personnel 
employed in connection with functions so transferred shall be 
transferred in accordance with any applicable laws and regulations 
relating to transfer of functions. Unexpended funds transferred 
pursuant to this subsection shall only be used for the purpose and 
period of time for which the funds were originally authorized and 
appropriated. The unobligated balance of appropriations available in 
connection with any function abolished by this Act shall lapse on 
September 30, 1996, and the obligated balance of such appropriations 
shall be transferred to the Secretary of Transportation or the 
Secretary of Labor in connection with any function transferred by this 
Act for the purpose of administering the payment of such obligations.
    (b) In order to facilitate the transfers made by this Act, the 
Director of the Office of Management and Budget is authorized and 
directed, in consultation with the Interstate Commerce Commission, the 
Secretary of Transportation and the Secretary of Labor, to make such 
determinations as may be necessary with regard to the functions so 
transferred, and to make such additional incidental dispositions of 
personnel, assets, liabilities, contracts, property, records, and 
unexpended balances of appropriations and other funds held, used, 
arising from, available to, or to be made available in connection with, 
such functions, as may be necessary to resolve disputes between the 
Interstate Commerce Commission and the Departments to which functions 
are transferred by this Act.
    (c) With the consent of the Interstate Commerce Commission, the 
Secretary of Transportation and the Secretary of Labor are authorized 
to use the services of such officers, employees, and other personnel of 
the Commission for such period of time up to September 30, 1996, as may 
reasonably be needed to facilitate the orderly transfer of such 
functions.

                           savings provisions

    Sec. 12. (a) All orders, determinations, rules, regulations, 
permits, contracts, certificates, licenses, and privileges--
            (1) which have been issued, made, or granted by any agency 
        or official thereof, or by a court of competent jurisdiction, 
        in the performance of any function which is transferred by this 
        Act from Interstate Commerce Commission to the Secretary of 
        Transportation or the Secretary of Labor, and
            (2) which are in effect on September 30, 1996--shall 
        continue in effect according to their terms until modified, 
        terminated, superseded, set aside, or revoked in accordance 
        with law by the Secretary of the Department to which such 
        function is transferred, or other authorized officials, a court 
        of competent jurisdiction, or by operation of law.
    (b) The transfers of functions made by this Act shall not affect 
any proceedings or any application for any license, permit, or 
certificate relating to transferred functions pending before the 
Interstate Commerce Commission at the time such transfers take effect; 
but such proceedings and applications, to the extent that they relate 
to functions so transferred, shall be continued. Orders shall be issued 
in such proceedings, and appeals may be taken therefrom, as if this Act 
had not been enacted; and orders issued in any such proceedings shall 
continue in effect until modified, terminated, superseded, or revoked 
by a duly authorized official, by a court of competent jurisdiction, or 
by operation of law. Nothing in this section shall be deemed to 
prohibit the discontinuance or modification of any such proceeding 
under the same terms and conditions and to the same extent that such 
proceeding could have been discontinued or modified if this Act had not 
been enacted.
    (c) Except as provided in subsection (e)--
            (1) the transfer of any function under this Act shall not 
        affect any suite relating to such function which is commenced 
        prior to the date the transfer takes effect, and
            (2) in all such suites, proceedings shall be had, appeals 
        taken, and judgments rendered in the same manner and effect as 
        if this Act had not been enacted.
    (d) No suit, action, or other proceeding commenced by or against 
any officer in his or her official capacity as an officer of the 
Interstate Commerce Commission shall abate by reason of the transfer of 
any function under this Act. No cause of action by or against the 
Interstate Commerce Commission, or by or against any officer thereof in 
his or her official capacity, shall abate by reason of the transfer of 
any function under this Act.
    (e) If, before September 30, 1996, the Interstate Commerce 
Commission, or officer thereof in his or her official capacity, is a 
party to a suit relating to a function transferred by this Act, then 
such suit shall be continued with the Secretary of the Department to 
which the function is transferred.
    (f) With respect to any function transferred to the Secretary of 
Transportation or the Secretary of Labor by this Act and exercised 
after the effective date of such transfer, reference in any Federal law 
to the Interstate Commerce Commission or the Commission (insofar as 
such term refers to the Interstate Commerce Commission), or to any 
officer or office of the Interstate Commerce Commission, shall be 
deemed to refer to that Department, or other official or component to 
the Department, in which such function vests.
    (g) In the exercise of any function transferred under this Act, the 
Secretary of Transportation or the Secretary of Labor shall have the 
same authority as that vested in the Interstate Commerce Commission 
with respect to such function, immediately preceding its transfer, and 
actions of the Secretary of the Department in exercising such function 
shall have the same force and effect as when exercised by the 
Interstate Commerce Commission.
    (h) In exercising any function transferred by this Act, the 
Secretary of Transportation or the Secretary of Labor shall give full 
consideration to the need for operational continuity of the function 
transferred.

                         conforming amendments

    Sec. 13. The provisions and chapter analyses of title 49, United 
States Code, shall be amended to conform with the amendments made by 
this Act.

                      federal maritime commission

    Sec. 14. (a) Findings.--The Congress finds that:
            (1) Statutory provisions providing jurisdiction for the 
        Federal Maritime Commission to regulate the reasonableness of 
        rates charged by ocean carriers in the domestic offshore trades 
        (those between the 48 mainland States, on the one hand, and 
        points in Alaska, Hawaii, Puerto Rico, and United States 
        territories and possessions, on the other), and in certain 
        circumstances to establish reasonable rates of return for such 
        carriers in those trades no longer serve a useful regulatory 
        purpose and should be eliminated; and
            (2) Statutory provisions requiring ocean carriers in 
        domestic offshore trades and domestic contiguous States trades 
        (comprising waterborne transportation between points on the 
        United States inland waterways, intracoastal waterways and the 
        Great Lakes) to set forth the rates they charge in tariffs 
        filed with either the Interstate Commerce Commission or the 
        Federal Maritime Commission no longer serve a useful regulatory 
        purpose and should also be eliminated.
    (b) Termination of Authority.--
            (1) Chapter 23A of title 46, United States Code, commonly 
        referred to as the Intercoastal Shipping Act, 1933, is repealed 
        in its entirety effective September 30, 1996.
            (2) The following provisions of chapter 23 of title 46, 
        United States Code, commonly referred to as the Shipping Act, 
        1916, are repealed effective September 30, 1996:
                    (A) Section 804.
                    (B) Section 817.
                    (C) Section 818.
                    (D) Section 832.
            (3) The following provisions of chapter 23 of title 46, 
        United States Code, commonly referred to as the Shipping Act, 
        1916, are amended effective September 30, 1996, as follows:
                    (A) Section 812 is amended by--
                            (i) striking the subparagraph denominated 
                        ``First'' in its entirety;
                            (ii) by redesignating the subparagraph 
                        denominated ``Second'' as ``First'';
                            (iii) by redesignating the subparagraph 
                        denominated ``Third'' as ``Second''; and
                            (iv) by redesignating the subparagraph 
                        denominated ``Fourth'' as ``Third'';
                    (B) Section 815 is amended by--
                            (i) striking the subparagraph denominated 
                        ``Second'' in its entirety;
                            (ii) by redesignating the subparagraph 
                        denominated ``Third'' as ``Second'';
                            (iii) by deleting the penultimate 
                        subparagraph of the section; and
                            (iv) by amending the last subparagraph of 
                        the section to read as follows: ``Whoever 
                        violates any provision of this section shall be 
                        guilty of a misdemeanor punishable by a fine of 
                        not more than $5,000 for each offense.''.
                    (C) Section 820 is amended by--
                            (i) striking the designation ``(a)'' from 
                        the opening subparagraph; and
                            (ii) by striking the subparagraph 
                        denominated ``(b)'' in its entirety.

                          severability clause

    Sec. 15. If any provision of this Act, or the application of such 
provision to any person or circumstance, is held invalid, the remainder 
of this Act and the application of such provision to any other person 
or circumstance shall not be affected by such invalidation.

                             effective date

    Sec. 16. This Act shall be effective upon enactment, except as 
specifically provided otherwise.
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