I

103D CONGRESS

1ST SESSION H. R. 896

To abolish the Interstate Commerce Commission.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1993

Mr. HEFLEY introduced the following bill; which was referred jointly to the

Committees on Energy and Commerce and Public Works and Transportation

A BILL

To abolish the Interstate Commerce Commission.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Interstate Commerce

5 Commission Sunset Act of 1993’.

6 SEC. 2. PURPOSE.

7 This Act is a part of the continuing effort by Con8 gress to reduce unnecessary and burdensome Government

9 regulations and to improve the productivity and competi10 tiveness of United States industries in domestic and world

11 markets.
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1 SEC. 3. FINDINGS.

2 Congress finds that—

3 (1) a safe, sound, competitive, and fuel efficient

4 surface transportation system is vital to the mainte5 nance of a strong national economy, an improved

6 balance of payments, and a strong national defense;

7 (2) the statutes governing Federal regulation of

8 the truck, intercity bus, interstate water carrier,

9 household goods freight forwarder, broker, rail pas10 senger, pipeline (other than water, gas, or oil), and

11 ferry industries are outdated and should be substan12 tially amended to reflect the transportation needs

13 and realities of the present and future;

14 (3) historically, the existing regulatory struc15 ture has tended in certain circumstances to inhibit

16 market entry, carrier growth, maximum utilization

17 of equipment and energy resources, and opportuni18 ties for minorities, small businesses, and others to

19 enter the interstate trucking and bus industries;

20 (4) protective regulation has resulted in operat21 ing inefficiencies and anticompetitive pricing, has

22 tended to suppress technological and managerial in23 novation, and has tended to restrict the range of

24 price and service options available to shippers and

25 passengers;
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1 (5) available evidence suggests that many bil2 lions of dollars in savings to a broad range of United

3 States industries have already been associated with

4 recent transportation law reforms and that removal

5 of the remaining regulations and adoption of addi6 tional transportation productivity measures will re7 sult in additional savings that will enable United

8 States companies to become much more productive

9 and more competitive in domestic and world mar10 kets;

11 (6) the Interstate Commerce Commission’s reg12 ulatory responsibilities other than for rail are not

13 needed and should be eliminated entirely and its re14 maining authority over the transportation of prop15 erty by railroads should be transferred to the De16 partment of Transportation;

17 (7) the Interstate Commerce Commission

18 should cease operation at the end of fiscal year

19 1995; and

20 (8) legislative and resulting changes should be

21 implemented with the least amount of disruption

22 consistent with achieving the reforms enacted.
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1 SEC. 4. TERMINATION OF AUTHORITY UNDER TITLE 49.

2 (a) CHAPTER 103.—The following provisions of chap3 ter 103 of title 49, United States Code, are repealed effec4 tive October 1, 1994:

5 (1) Section 10301.

6 (2) Section 10302.

7 (3) Section 10303.

8 (4) Section 10304.

9 (5) Section 10305.

10 (6) Section 10306.

11 (7) Section 10307.

12 (8) Section 10308.

13 (9) Subsection (b) of section 10310.

14 (10) Section 10311.

15 (11) Section 10322.

16 (12) Subsection (b) of section 10328.

17 (13) Sections 10329(a)(2), 10329(c)(2), and

18 10329(c)(3).

19 (14) Section 10330(b).

20 (15) Subchapter III.

21 (16) Section 10361.

22 (17) Section 10363.

23 (18) Section 10364.

24 (19) Subchapter V.
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1 (b) CHAPTER 105.—The following provisions of chap2 ter 105 of title 49, United States Code, are repealed effec3 tive October 1, 1994:

4 (1) Section 10502.

5 (2) Section 10504.

6 (3) Sections 10521 through 10530.

7 (4) Subchapter III.

8 (5) Subchapter IV.

9 (c) CHAPTER 107.—The following provisions of chap10 ter 107 of title 49, United States Code, are repealed effec11 tive October 1, 1994:

12 (1) Subsections (d) and (e) of section 10701.

13 (2) Subsection (b) of section 10702.

14 (3) Subsections (b), (c), and (d) of section

15 10704.

16 (4) Subsections (a), (o), and (p) of section

17 10705a.

18 (5) Section 10706.

19 (6) Section 10708.

20 (7) Section 10722.

21 (8) Section 10725.

22 (9) Section 10733.

23 (10) Section 10735.

24 (11) Section 10749.

25 (12) Subsection (c) of section 10751.
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1 (13) Subsection (b) of section 10761.

2 (14) Section 10766.

3 (d) CHAPTER 109.—The following provisions of chap4 ter 109 of title 49, United States Code, are repealed effec5 tive October 1, 1994:

6 (1) Section 10921.

7 (2) Subsections (a), (b), and (d) through (k) of

8 section 10922.

9 (3) Section 10923.

10 (4) Section 10924.

11 (5) Section 10925.

12 (6) Section 10926.

13 (7) Section 10927.

14 (8) Section 10928.

15 (9) Section 10929.

16 (10) Section 10930.

17 (11) Section 10931.

18 (12) Section 10932.

19 (13) Section 10933.

20 (14) Section 10934.

21 (e) CHAPTER 111.—The following provisions of chap22 ter 111 of title 49, United States Code, are repealed effec23 tive October 1, 1994:

24 (1) Subsections (b) and (c) of section 11101.

25 (2) Section 11102.
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1 (3) Section 11106.

2 (4) Section 11107.

3 (5) Section 11108.

4 (6) Section 11110.

5 (7) Section 11111.

6 (8) Section 11127.

7 (9) Section 11142.

8 (f) CHAPTER 113.—The following provisions of chap9 ter 113 of title 49, United States Code, are repealed effec10 tive October 1, 1994:

11 (1) Section 11304.

12 (2) Section 11321.

13 (3) Section 11323.

14 (4) Subchapter III, other than section

15 11348(b).

16 (g) CHAPTER 115.—The following provisions of chap17 ter 115 of title 49, United States Code, are repealed effec18 tive October 1, 1994:

19 (1) Section 11503a.

20 (2) Section 11506.

21 (h) CHAPTER 117.—The following provisions of chap22 ter 117 of title 49, United States Code, are repealed effec23 tive October 1, 1994:

24 (1) Section 11704.

25 (2) Section 11708.
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1 (3) Section 11711.

2 (i) CHAPTER 119.—The following provisions of chap3 ter 119 of title 49, United States Code, are repealed effec4 tive October 1, 1994:

5 (1) Section 11905.

6 (2) Section 11906.

7 (3) Section 11908.

8 (4) Subsections (b), (c), and (d) of section

9 11909.

10 (5) Subsections (a)(2) through (a)(4) of section

11 11910.

12 (6) Section 11912.

13 (7) Subsections (b), (c), and (d) of section

14 11914.

15 SEC. 5. TRANSFER OF AUTHORITY TO DEPARTMENT OF

16 TRANSPORTATION.

17 (a) CHAPTER 101.—There are hereby transferred to

18 and vested in the Secretary of Transportation all func19 tions, powers, and duties of the Interstate Commerce

20 Commission under the following sections of chapter 101

21 of title 49, United States Code, effective October 1, 1994:

22 (1) Section 10101 as amended in subsection

23 (a)—
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1 (A) by striking ‘‘to provide for the impar2 tial regulation of the modes of transportation

3 subject to this subtitle,’’;

4 (B) by striking paragraphs (1) and (2) and

5 inserting the following new paragraphs:

6 ‘‘(1) to promote safe, adequate, economical, and

7 efficient transportation;

8 ‘‘(2) to cooperate with each State and the offi9 cials of each State on transportation matters;’’; and

10 (C) in paragraph (3)—

11 (i) by striking ‘‘carrier of passengers’’

12 and inserting ‘‘carriers’’;

13 (ii) by striking clause (B);

14 (iii) by redesignating clause (C) as

15 clause (B); and

16 (iv) by striking ‘‘enacted by the Bus

17 Regulatory Reform Act of 1982’’.

18 (2) Section 10101a.

19 (3) Section 10102 as amended—

20 (A) in paragraph (4)—

21 (i) by striking ‘‘an express carrier, a

22 pipeline carrier,’’;

23 (ii) by striking ‘‘a sleeping car car24 rier,’’; and

25 (iii) by striking ‘‘household goods’’;
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1 (B) by striking paragraph (5);

2 (C) by inserting ‘‘and a freight forwarder’’

3 before the period at the end of paragraph (6);

4 (D) by striking paragraph (8);

5 (E) in paragraph (9)—

6 (i) by striking ‘‘holding itself out to

7 the general public (other than as an ex8 press, pipeline, rail, sleeping car, motor, or

9 water carrier) to provide’’ and inserting

10 ‘‘that provides’’;

11 (ii) by inserting ‘‘and’’ after the semi12 colon at the end of subparagraph (A);

13 (iii) by striking ‘‘and’’ after the semi14 colon following subparagraph (B) and in15 serting a period; and

16 (iv) by striking subparagraph (C);

17 (F) in paragraph (11) by striking ‘‘Com18 mission’’ each place it appears and inserting

19 ‘‘Federal Trade Commission’’;

20 (G) by striking paragraph (12);

21 (H) by inserting after paragraph (12) the

22 following new paragraph:

23 ‘‘(13) ‘interstate transportation’ means trans24 portation—

25 ‘‘(A) between a place in—
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1 ‘‘(i) a State and a place in another

2 State;

3 ‘‘(ii) a State and another place in the

4 same State through another State;

5 ‘‘(iii) the United States and a place in

6 a territory or possession of the United

7 States to the extent the transportation is

8 in the United States;

9 ‘‘(iv) the United States and another

10 place in the United States through a for11 eign country to the extent the transpor12 tation is in the United States; or

13 ‘‘(v) the United States and a place in

14 a foreign country to the extent the trans15 portation is in the United States; and

16 ‘‘(B) in a reservation under the exclusive

17 jurisdiction of the United States or on a public

18 highway.’’;

19 (I) by striking paragraph (14) and insert20 ing the following new paragraph:

21 ‘‘(14) ‘motor contract carrier’ means a person,

22 other than a motor common carrier, providing motor

23 vehicle transportation for compensation under con24 tinuing agreements with a person or a number of

25 persons.’’;
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1 (J) in paragraph (16)(A) by striking ‘‘as

2 provided in section 10521(a) (1) and (2) of this

3 title’’ and inserting ‘‘interstate transportation’’;

4 (K) in paragraph (17) by striking ‘‘deter5 mined by the Commission’’ and inserting

6 ‘‘thereof’’;

7 (L) by striking paragraph (19);

8 (M) in paragraph (21) by striking ‘‘lighter,

9 and ferry’’ and inserting ‘‘and ferry’’;

10 (N) in paragraph (22) by striking

11 ‘‘, fare,’’;

12 (O) by striking paragraph (23);

13 (P) in paragraph (26)—

14 (i) by striking ‘‘of passengers or’’;

15 (ii) by striking ‘‘, or both,’’; and

16 (iii) by striking ‘‘passengers and’’;

17 (Q) in paragraph (31) by striking ‘‘subject

18 to the jurisdiction of the Commission under this

19 subtitle’’; and

20 (R) by redesignating the paragraphs of

21 such section 10102, as so amended, as para22 graphs (1) through (27), respectively.

23 (b) CHAPTER 103.—There are hereby transferred to

24 and vested in the Secretary of Transportation all func25 tions, powers, and duties of the Interstate Commerce
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1 Commission under the following sections of chapter 103

2 of title 49, United States Code, effective October 1, 1994:

3 (1) Section 10309.

4 (2) Subsection (a) of section 10310.

5 (3) Section 10321 as amended—

6 (A) in subsection (c)(1) by striking ‘‘Com7 mission, an individual Commissioner, an em8 ployee board, an employee delegated to act

9 under section 10305 of this title’’ and inserting

10 ‘‘Secretary’’; and

11 (B) by striking subsection (c)(2).

12 (4) Section 10324.

13 (5) Section 10326 as amended by striking ‘‘the

14 Commission, or a division, an individual Commis15 sioner, an employee board, an employee delegated to

16 act under section 10305 of this title, or another per17 son authorized to act on behalf of the Commission

18 for any part of the proceeding,’’ and inserting ‘‘the

19 Secretary’’.

20 (6) Section 10327 as amended—

21 (A) by striking all references to divisions

22 and employee boards;

23 (B) by striking subsection (g)(2); and

24 (C) in subsection (g)—

25 (i) by striking ‘‘(1)’’;
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1 (ii) by striking ‘‘or’’ before ‘‘substan2 tially’’; and

3 (iii) by inserting ‘‘, or the action in4 volves a matter of general transportation

5 importance’’ after ‘‘circumstances’’.

6 (7) Section 10328(a).

7 (8) Subsections (a)(1), (b) (except for the sec8 ond sentence dealing with transportation by motor

9 carrier or broker), (c)(1) (insofar as it applies to rail

10 carriers), (d) (insofar as it applies to rail carriers),

11 and (e) (except as it applies to brokers, freight for12 warders, and water carriers) of section 10329.

13 (9) Subsections (a) and (c) of section 10330.

14 (10) Section 10362 as amended—

15 (A) in subsection (b) by striking ‘‘Rail

16 Services Planning Office shall’’ and inserting

17 ‘‘Department of Transportation may’’;

18 (B) in subsection (b)(1) by striking ‘‘assist

19 the Interstate Commerce Commission in study20 ing and evaluating’’ and inserting ‘‘study and

21 evaluate’’;

22 (C) in subsection (b)(2) by striking ‘‘assist

23 the Commission in developing’’ and inserting

24 ‘‘develop’’;

25 (D) by striking subsection (b)(5)(B);
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1 (E) by striking subsection (b)(8); and

2 (F) in subsection (d) by striking ‘‘Office’’

3 and inserting ‘‘Secretary’’.

4 (c) CHAPTER 105.—There are hereby transferred to

5 and vested in the Secretary of Transportation all func6 tions, powers, and duties of the Interstate Commerce

7 Commission under the following sections of chapter 105

8 of title 49, United States Code, insofar as they apply to

9 transportation of freight solely by a rail carrier or by a

10 rail carrier and a water carrier, when the transportation

11 is under common control, management, or arrangement

12 for a continuous carriage or shipment, effective October

13 1, 1994:

14 (1) Section 10501.

15 (2) Section 10503.

16 (3) Section 10505.

17 (d) CHAPTER 107.—There are hereby transferred to

18 and vested in the Secretary of Transportation all func19 tions, powers, and duties of the Interstate Commerce

20 Commission under the following sections of chapter 107

21 of title 49, United States Code, effective October 1, 1994:

22 (1) Section 10701 as amended—

23 (A) in subsection (a)—

24 (i) by striking the first sentence;
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1 (ii) by striking ‘‘such a carrier (in2 cluding a rail carrier)’’ and inserting ‘‘a

3 rail carrier’’; and

4 (iii) by striking ‘‘those carriers (in5 cluding rail carriers)’’ and inserting ‘‘rail

6 carriers’’; and

7 (B) in subsection (c)—

8 (i) by striking ‘‘or III’’; and

9 (ii) by striking ‘‘either of those sub10 chapters’’ and inserting ‘‘that subchapter’’.

11 (2) Section 10701a.

12 (3) Section 10702(a), except for rules and prac13 tices affecting tickets and carrying of baggage.

14 (4) Section 10703 insofar as it applies to rail

15 carriers and the obligation rail carriers have to es16 tablish through routes with water common carriers.

17 (5) Subsections (a), (e), and (f) of section

18 10704.

19 (6) Section 10705 as amended—

20 (A) in subsection (a)(1) by striking ‘‘, II

21 (except a motor common carrier of property), or

22 III’’;

23 (B) in subsection (a)(3) by striking ‘‘pre24 scribe—’’ and all that follows through ‘‘(B) a

25 through’’ and inserting ‘‘prescribe a through’’;
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1 (C) by striking subsection (b);

2 (D) in subsection (c) by striking ‘‘or (b)’’

3 and ‘‘, water carrier, or motor common carrier

4 of property’’;

5 (E) in subsection (e) by striking ‘‘water

6 common carrier’’;

7 (F) in subsection (f) by striking ‘‘or (b)’’;

8 and

9 (G) by striking subsection (h).

10 (7) Subsections (b) through (n) of section

11 10705a insofar as they apply to branch line sur12 charges and joint rate cancellations.

13 (8) Section 10707.

14 (9) Section 10707a.

15 (10) Section 10709.

16 (11) Section 10710.

17 (12) Section 10711 as amended by striking

18 ‘‘and (b)’’ and ‘‘10727,’’.

19 (13) Section 10712.

20 (14) Section 10713 as amended—

21 (A) by inserting ‘‘and’’ after the semicolon

22 at the end of subsection (m)(1);

23 (B) by striking ‘‘; and’’ at the end of sub24 section (m)(2) and inserting a period; and

25 (C) by striking subsection (m)(3).
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1 (15) Section 10721 as amended—

2 (A) by striking subsection (a);

3 (B) in subsection (b)(1)—

4 (i) by striking ‘‘, II or III’’;

5 (ii) by inserting ‘‘any qualified per6 son’’ after ‘‘title 39, and’’;

7 (iii) by striking ‘‘reduced’’ the last

8 place it appears and inserting ‘‘tendered’’;

9 (iv) by striking ‘‘; except that any

10 rates for the transportation of household

11 goods for the United States Government

12 shall not be predatory’’; and

13 (v) by adding at the end of such sub14 section the following new sentence: ‘‘Sec15 tion 3709 of the Revised Statutes of the

16 United States (41 U.S.C. 5) shall not

17 apply to transportation procured pursuant

18 to this section.’’;

19 (C) by striking subsections (b)(2) and

20 (b)(3); and

21 (D) by striking subsection (c).

22 (16) Section 10723 insofar as it applies to rail

23 transportation.

24 (17) Section 10724 insofar as it applies to rail

25 transportation of property.
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1 (18) Section 10726 insofar as it applies to rail

2 transportation.

3 (19) Section 10728.

4 (20) Section 10731 as amended—

5 (A) in subsection (b)—

6 (i) by inserting ‘‘and’’ after the semi7 colon at the end of paragraph (1);

8 (ii) by striking ‘‘; and’’ at the end of

9 paragraph (2) and inserting a period; and

10 (iii) by striking paragraph (3); and

11 (B) by striking subsection (d);

12 (21) Section 10734.

13 (22) Section 10741 insofar as it applies to rail

14 carriers.

15 (23) Section 10742 as amended—

16 (A) by striking ‘‘or III’’, ‘‘passengers and’’,

17 and ‘‘under either of those subchapters’’; and

18 (B) by inserting ‘‘rail or water’’ after ‘‘an19 other’’;

20 (24) Section 10743 as it applies to rail trans21 portation.

22 (25) Section 10745.

23 (26) Section 10746.

24 (27) Section 10747 insofar as it applies to rail

25 transportation.
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1 (28) Section 10748.

2 (29) Section 10750.

3 (30) Subsections (a) and (b) of section 10751

4 insofar as they apply to rail transportation.

5 (31) Subsections (a) and (c) of section 10761

6 insofar as they apply to rail transportation.

7 (32) Section 10762 as amended—

8 (A) in subsection (a)(1)—

9 (i) by striking ‘‘(except a motor com10 mon carrier)’’;

11 (ii) by striking ‘‘and (A) if a common

12 carrier’’; and

13 (iii) by striking ‘‘, and (B)’’ and all

14 that follows through ‘‘under this subtitle’’;

15 (B) in subsection (a)(2) by striking the

16 last two sentences;

17 (C) in subsection (b)(1) by striking ‘‘sub18 chapter I, III, or IV of’’;

19 (D) in subsection (b)(1)(B) by striking all

20 after the parenthetical phrase and inserting a

21 semicolon; and

22 (E) by striking subsection (b)(1)(C);

23 (F) by redesignating subsections (b)(1)(D)

24 and (b)(1)(E) as subsections (b)(1)(C) and

25 (b)(1)(D), respectively;
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1 (G) in subsection (c)(1) by striking ‘‘(A)’’,

2 ‘‘subchapter I of’’, and ‘‘or (B) under another

3 subchapter of that chapter proposes to change

4 a rate, classification, rule, or practice,’’;

5 (H) by striking subsection (c)(2);

6 (I) by striking the second sentence of sub7 section (c)(3);

8 (J) by striking ‘‘In the case of a rail car9 rier, a’’ at the beginning of the third sentence

10 of subsection (c)(3) and inserting ‘‘A’’;

11 (K) by striking the last sentence of sub12 section (c)(3);

13 (L) by redesignating subsection (c)(3) as

14 subsection (c)(2);

15 (M) in subsection (d)(1) by striking ‘‘sub16 sections (a) and’’ and inserting ‘‘subsection’’;

17 (N) in subsection (d)(2) by striking ‘‘sub18 chapter I of’’; and

19 (O) by striking subsections (f) and (g).

20 (33) Section 10763.

21 (34) Section 10764 as amended—

22 (A) by striking the last sentence of sub23 section (a)(1);

24 (B) by striking subsection (b); and
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1 (C) by redesignating subsection (c) as sub2 section (b);

3 (35) Section 10765 as amended by striking the

4 parenthetical phrase in subsection (a).

5 (36) Section 10781.

6 (37) Subchapter V of chapter 107 insofar as it

7 applies to rail transportation.

8 (e) CHAPTER 109.—There are hereby transferred to

9 and vested in the Secretary of Transportation all func10 tions, powers, and duties of the Interstate Commerce

11 Commission under the following sections of chapter 109

12 of title 49, United States Code, effective October 1, 1994:

13 (1) Subchapter I insofar as it applies to rail

14 carriers of property, including section 10903 as

15 amended by inserting in the last sentence of sub16 section (b)(2) ‘‘prior to its repeal by the Interstate

17 Commerce Commission Sunset Act of 1993’’ after

18 ‘‘title’’.

19 (2) Section 10922(c) as amended—

20 (A) by striking paragraph (1);

21 (B) by striking paragraph (2)(A);

22 (C) in paragraph (2)(B)—

23 (i) by striking ‘‘issue a certificate to a

24 person authorizing that’’ and inserting

25 ‘‘authorize a’’;
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1 (ii) by striking ‘‘has been granted au2 thority, or will be granted authority, after

3 the effective date of this section to pro4 vide’’ and inserting ‘‘provides’’;

5 (iii) by striking ‘‘to be authorized by

6 the certificate’’; and

7 (iv) by striking ‘‘issuance of the cer8 tificate’’ and inserting ‘‘authorization’’;

9 (D) in paragraph (2)(C)—

10 (i) by striking ‘‘, as defined in section

11 10526(b)(1) of this title,’’;

12 (ii) by inserting ‘‘interstate’’ after

13 ‘‘regular-route’’; and

14 (iii) by striking ‘‘of passengers subject

15 to the jurisdiction of the Commission

16 under subchapter II of chapter 105 of this

17 title’’;

18 (E) by striking paragraph (2)(D);

19 (F) in paragraph (2)(E) by striking ‘‘a

20 certificate issued’’ and inserting ‘‘authority

21 granted’’;

22 (G) by striking paragraphs (2)(F), (2)(H),

23 and (2)(I);

24 (H) by striking paragraphs (3) through

25 (9); and
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1 (I) by striking the subsection heading and

2 inserting ‘‘SPECIAL POWERS RELATING TO

3 MOTOR CARRIERS’’.

4 (3) Section 10935 as amended—

5 (A) in subsection (a) by striking ‘‘, and

6 interstate authority under a certificate issued

7 under section 10922 of this subchapter, to pro8 vide’’ and inserting ‘‘and providing interstate’’;

9 (B) in subsection (e)(1)(A) by striking

10 ‘‘Subject to paragraph (3) of this subsection,

11 if’’ and inserting ‘‘If’’;

12 (C) in subsection (e)(1)(B) by striking

13 ‘‘August 1, 1982’’ and inserting ‘‘the date of

14 the enactment of the Interstate Commerce

15 Commission Sunset Act of 1993’’;

16 (D) by striking subsections (e)(2) and

17 (e)(3);

18 (E) by redesignating subsection (e)(4) as

19 subsection (e)(2);

20 (F) in subsection (g)(2) by striking ‘‘or

21 (e)(2)’’; and

22 (G) in subsection (h) by striking ‘‘a motor

23 common carrier of passengers subject to the ju24 risdiction of the Commission under subchapter

25 II of chapter 105 of this title corresponding to
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1 an interstate service initiated pursuant to the

2 provisions of section 10922(c)(4) of this title’’

3 and inserting ‘‘an interstate motor common car4 rier of passengers’’.

5 (f) CHAPTER 111.—There are hereby transferred to

6 and vested in the Secretary of Transportation all func7 tions, powers, and duties of the Interstate Commerce

8 Commission under the following sections of chapter 111

9 of title 49, United States Code, effective October 1, 1994:

10 (1) Section 11101(a) as amended by striking

11 the second sentence.

12 (2) Section 11103.

13 (3) Section 11104.

14 (4) Section 11105 insofar as it applies to rail

15 carriers.

16 (5) Section 11121 as amended by striking

17 ‘‘11127,’’.

18 (6) Section 11122.

19 (7) Section 11123.

20 (8) Section 11124.

21 (9) Section 11125.

22 (10) Section 11126 as amended by striking

23 ‘‘11127,’’.
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1 (11) Section 11128 as amended by striking

2 ‘‘sections 11123(a)(4) and 11127(a)(1)(C)’’ and in3 serting ‘‘section 11123(a)’’.

4 (12) Section 11141 insofar as it applies to rail

5 carriers.

6 (13) Section 11143 insofar as it applies to rail

7 carriers.

8 (14) Section 11144 insofar as it applies to rail

9 carriers.

10 (15) Section 11145 as amended—

11 (A) in subsection (a)—

12 (i) by inserting ‘‘rail’’ before ‘‘car13 riers’’;

14 (ii) by striking ‘‘brokers,’’; and

15 (iii) by striking ‘‘or express’’;

16 (B) in subsection (b) by striking ‘‘broker,’’

17 and the second sentence; and

18 (C) by striking subsection (c).

19 (16) Subchapter IV.

20 (g) CHAPTER 113.—There are hereby transferred to

21 and vested in the Secretary of Transportation all func22 tions, powers, and duties of the Interstate Commerce

23 Commission under the following sections of chapter 113

24 of title 49, United States Code, effective October 1, 1994:
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1 (1) Section 11301 as amended by striking ‘‘or

2 sleeping car’’ in subsection (a)(1).

3 (2) Section 11303 insofar as it applies to rail

4 carriers.

5 (3) Section 11322.

6 (4) Section 11348(b) insofar as it applies to

7 rail carriers.

8 (5) Subchapter IV.

9 (h) CHAPTER 115.—There are hereby transferred to

10 and vested in the Secretary of Transportation all func11 tions, powers, and duties of the Interstate Commerce

12 Commission under the following sections of chapter 115

13 of title 49, United States Code, effective October 1, 1994:

14 (1) Section 11501 as amended—

15 (A) by striking subsection (a);

16 (B) in the first sentence of subsection

17 (c)—

18 (i) by inserting ‘‘or passenger trans19 portation’’ after ‘‘title’’;

20 (ii) by inserting ‘‘or, in the case of

21 passenger transportation, with the stand22 ards applicable to rail transportation of

23 property’’ before the period at the end of

24 the sentence;
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1 (C) in subsection (d)(1) by inserting ‘‘or

2 passenger transportation’’ after ‘‘title’’;

3 (D) in subsection (e)(1) by striking ‘‘trans4 portation subject to the jurisdiction of the Com5 mission under subchapter II of chapter 105 of

6 this title’’ and inserting ‘‘interstate transpor7 tation’’;

8 (E) in subsection (e)(5) by striking ‘‘sub9 ject to the jurisdiction of the Commission under

10 subchapter II of chapter 105 of this title’’ and

11 by striking ‘‘authorized’’;

12 (F) by striking subsection (e)(6); and

13 (G) by striking subsection (g) and insert14 ing the following new subsection:

15 ‘‘(g) PREEMPTION OF CERTAIN STATE REGULA16 TION.—Notwithstanding any other provision of law, no

17 State or political subdivision thereof and no interstate

18 agency or other political agency of 2 or more States shall

19 enact or enforce any law, rule, regulation, standard, or

20 other provision having the force and effect of law relating

21 to interstate or intrastate rates, routes, or services of any

22 motor carrier, motor private carrier, water carrier, freight

23 forwarder, or broker that provides transportation of prop24 erty in interstate commerce.’’.

25 (2) Section 11502 as amended—
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1 (A) in subsection (a)—

2 (i) by striking ‘‘(1)’’;

3 (ii) by striking ‘‘subchapter I, III, or

4 IV of ’’;

5 (iii) by striking paragraph (2);

6 (iv) by striking ‘‘(A)’’ the first place it

7 appears and inserting ‘‘(1)’’; and

8 (v) by striking ‘‘(B)’’ the first place it

9 appears and inserting ‘‘(2)’’;

10 (B) in subsection (b) by striking ‘‘sub11 chapter I or IV of ’’; and

12 (C) in subsection (c) by striking ‘‘sub13 chapter I or III of ’’.

14 (3) Section 11503.

15 (4) Section 11504 as amended—

16 (A) in subsection (a)(2) by striking

17 ‘‘, express, or sleeping car’’;

18 (B) in subsection (b) by striking ‘‘(1)’’ and

19 by striking paragraph (2); and

20 (C) by striking subsection (c).

21 (5) Section 11505 as amended by striking ‘‘(a)’’

22 and by striking subsection (b).

23 (6) Section 11507.

24 (i) CHAPTER 117.—There are hereby transferred to

25 and vested in the Secretary of Transportation all func-
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1 tions, powers, and duties of the Interstate Commerce

2 Commission under the following sections of chapter 117

3 of title 49, United States Code, effective October 1, 1994:

4 (1) Section 11701 as amended—

5 (A) in subsection (a)—

6 (i) by striking ‘‘, broker or freight for7 warder’’;

8 (ii) by striking the last two sentences;

9 and

10 (B) in subsection (b)—

11 (i) by striking ‘‘, or broker for,’’;

12 (ii) by striking ‘‘or a foreign motor

13 carrier or a foreign motor private carrier

14 providing transportation under a certificate

15 of registration issued under section 10530

16 of this title, or freight forwarder’’;

17 (iii) by striking ‘‘and, if it is against

18 a water carrier, must be made under

19 oath’’; and

20 (iv) by striking the last sentence.

21 (2) Section 11702 as amended—

22 (A) in subsection (a)(1) by striking ‘‘or

23 10933’’;

24 (B) by striking subsection (a)(2) and in25 serting the following:
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1 ‘‘(2) to enforce section 11109 of this title and

2 to compel compliance with the order of the Secretary

3 under that section; and’’;

4 (C) by striking subsection (a)(4);

5 (D) by redesignating subsections (a)(5)

6 and (a)(6) as subsections (a)(4) and (a)(5), re7 spectively;

8 (E) by striking subsection (b); and

9 (F) by striking ‘‘(a)’’ the first place it ap10 pears.

11 (3) Section 11703.

12 (4) Section 11705 as amended—

13 (A) by striking ‘‘subchapter I or III of’’

14 each place it appears;

15 (B) in subsection (a) by striking ‘‘or a

16 freight forwarder’’;

17 (C) in subsection (b)(1) by striking ‘‘or a

18 freight forwarder’’ and by striking ‘‘or the ap19 plicable freight forwarder rate, as the case may

20 be’’;

21 (D) by striking subsection (b)(3);

22 (E) by striking the last sentence of sub23 section (c)(1); and

24 (F) in subsection (d)(1)—

25 (i) by striking ‘‘if a rail carrier,’’;
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1 (ii) by striking ‘‘, or (D) if a water

2 carrier, in which a port of call on a route

3 operated by that carrier is located’’; and

4 (iii) by inserting ‘‘or’’ before ‘‘(C)’’.

5 (5) Section 11706 as amended—

6 (A) in subsection (a) by striking ‘‘or a

7 freight forwarder’’ and by striking ‘‘or freight

8 forwarder’’;

9 (B) in subsection (b) by striking ‘‘sub10 chapter I or III of’’;

11 (C) in subsection (c) by striking ‘‘(1)’’ and

12 by striking paragraph (2); and

13 (D) in subsection (d) by striking ‘‘(c)(1)’’

14 and inserting ‘‘(c)’’.

15 (6) Section 11707 as amended—

16 (A) in subsection (a)(1)—

17 (i) by striking ‘‘(1)’’;

18 (ii) by striking ‘‘, II, or IV’’ each

19 place it appears;

20 (iii) by striking ‘‘and a freight for21 warder’’ in the first sentence;

22 (iv) by striking ‘‘or freight forwarder’’

23 in the second and fourth sentences; and

24 (v) by striking ‘‘, except in the case of

25 a freight forwarder,’’ in the third sentence;
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1 (B) by striking subsection (a)(2); and

2 (C) in subsection (c) by striking para3 graphs (2) and (3) and by redesignating para4 graph (4) as paragraph (2).

5 (7) Section 11709.

6 (8) Section 11710.

7 (j) CHAPTER 119.—There are hereby transferred to

8 and vested in the Secretary of Transportation all func9 tions, powers, and duties of the Interstate Commerce

10 Commission under the following sections of chapter 119

11 of title 49, United States Code, effective October 1, 1994:

12 (1) Section 11901 as amended—

13 (A) by striking subsections (g) through

14 (k); and

15 (B) by redesignating subsection (l) as sub16 section (g) and in such subsection by striking

17 ‘‘(1)’’ and by striking paragraph (2).

18 (2) Section 11902.

19 (3) Section 11903.

20 (4) Section 11904 as amended by striking sub21 sections (b), (c), and (d).

22 (5) Section 11907.

23 (6) Section 11909(a).

24 (7) Subsections (a)(1), (b) (insofar as it applies

25 to rail carriers), (c), and (d) of section 11910.
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1 (8) Section 11911.

2 (9) Section 11913.

3 (10) Section 11913a.

4 (11) Subsection (a) of section 11914.

5 (12) Section 11915.

6 (13) Section 11916.

7 SEC. 6. MISCELLANEOUS AMENDMENTS.

8 (a) RATES AND LIABILITY BASED ON VALUE.—Sec9 tion 10730 of title 49, United States Code, is amended—

10 (1) by striking subsections (a) and (b) and in11 serting the following:

12 ‘‘(a)(1) Subject to the provisions of paragraph (2) of

13 this subsection, a motor common carrier may agree with

14 a shipper that the liability of the carrier for such property

15 is limited to a value established by written declaration of

16 the shipper or by written agreement between the carrier

17 and shipper if that value would be reasonable under the

18 circumstances surrounding the transportation.

19 ‘‘(2) Before a carrier may limit a contract of carriage

20 for any service under paragraph (1) of this subsection, it

21 shall provide a contract of carriage for such service which

22 does not limit the liability of the carrier.’’; and

23 (2) by redesignating subsection (c) as sub24 section (b) and in such subsection by striking ‘‘pro25 viding transportation or service subject to the juris-
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1 diction of the Commission under subchapter I of

2 chapter 105 of the title’’.

3 (b) BACKHAUL ALLOWANCES.—Section 10732 of

4 such title is amended—

5 (1) by striking ‘‘food and grocery’’ each place

6 it appears;

7 (2) by striking subsection (b);

8 (3) by striking ‘‘(a)’’; and

9 (4) by striking the section heading and insert10 ing ‘‘BACKHAUL ALLOWANCES’’.

11 (c) LIABILITY FOR PAYMENT OF RATES.—Section

12 10744 of such title is amended—

13 (1) in subsection (a)(1) by striking ‘‘, motor, or

14 water common’’;

15 (2) in each of subsections (b) and (c)(3) by

16 striking ‘‘or express’’; and

17 (3) by striking subsection (c)(2) and by redesig18 nating subsection (c)(3) as subsection (c)(2).

19 (d) UNFAIR TRADE PRACTICES OF CONTIGUOUS

20 FOREIGN GOVERNMENTS.—Section 10922(1) of such title

21 is amended to read as follows:

22 ‘‘(l) UNFAIR TRADE PRACTICES OF CONTIGUOUS

23 FOREIGN GOVERNMENTS.—

24 ‘‘(1) CONSULTATIONS.—Whenever the Presi25 dent of the United States determines that the gov-
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1 ernment of any foreign country contiguous to the

2 United States or the government of any political

3 subdivision or any instrumentality of such country,

4 has engaged in unfair, discriminatory, or restrictive

5 practices that have a substantial adverse competitive

6 impact upon a United States transportation com7 pany providing, or seeking to provide motor carrier

8 transportation of property or passengers to, from, or

9 within such foreign country, the President shall seek

10 elimination of such practices through consultations.

11 ‘‘(2) LIMITATION ON CERTAIN FOREIGN OPER12 ATIONS IN UNITED STATES.—Notwithstanding any

13 other provision of law, when consultations fail to re14 sult in the elimination of the unfair, discriminatory,

15 or restrictive practices cited in paragraph (1), the

16 President may suspend, modify, amend, condition, or

17 limit operations in the United States by motor car18 riers of property or passengers domiciled in such for19 eign country or owned or controlled by persons of

20 such foreign country, if the President determines

21 such action to be in the national interest. The Presi22 dent shall publish notice of such determination, in23 cluding the reasons for the determination and the

24 action being proposed, in the Federal Register. Un25 less the President determines that expeditious action
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1 is required, the President shall provide an oppor2 tunity for presentation of views concerning the tak3 ing of such action.

4 ‘‘(3) MODIFICATION OF LIMITATIONS.—The

5 President may also remove or modify any action

6 taken under paragraph (2) if the President deter7 mines that such removal or modification is likewise

8 in the national interest.

9 ‘‘(4) DELEGATION OF AUTHORITY; REGULA10 TIONS.—The President may delegate any or all au11 thority under this subsection to the Secretary of

12 Transportation who shall consult with other agencies

13 as appropriate. Any suspension, modification,

14 amendment, condition, or limitation imposed under

15 paragraph (2), and documentary requirements that

16 may be necessary to institute and enforce such ac17 tions, shall be accomplished in accordance with di18 rections of the President under regulations issued by

19 the Secretary of Transportation, in consultation with

20 other agencies as appropriate. Such regulations and

21 orders shall be enforced by the Department of

22 Transportation, the Department of the Treasury,

23 and the Department of Justice.

24 ‘‘(5) COMPLIANCE WITH OTHER APPLICABLE

25 LAWS.—This section shall in no way affect the re-
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1 quirement for all foreign motor carriers operating in

2 the United States to comply fully with all applicable

3 laws and regulations pertaining to safety fitness,

4 safety of operation, financial responsibility, and

5 taxes imposed by section 4481 of the Internal Reve6 nue Code of 1986.’’.

7 (e) LOADING AND UNLOADING OF MOTOR VEHI8 CLES.—Section 11109 of such title is amended by striking

9 ‘‘(whether or not such transportation is subject to the ju10 risdiction of the Commission under subchapter II of chap11 ter 105 of this title)’’ each place it appears.

12 (f) WEIGHT-BUMPING.—Section 11917 of such title

13 is amended—

14 (1) by striking ‘‘a shipment of household goods

15 which is subject to the jurisdiction of the Commis16 sion under subchapter II of chapter 105 of this

17 title’’ and inserting ‘‘an interstate shipment’’; and

18 (2) in the section heading by striking ‘‘IN

19 HOUSEHOLD GOODS TRANSPORTATION’’.

20 (g) FEDERAL MARITIME COMMISSION JURISDIC21 TION.—Nothing in this Act, the Shipping Act, 1916, or

22 the Intercoastal Shipping Act, 1933 shall be construed to

23 confer upon the Federal Maritime Commission jurisdiction

24 over any carrier providing water transportation between

25 the contiguous United States and Hawaii, Alaska, or a
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1 United States territory or possession as part of a joint

2 through transportation arrangement with a carrier provid3 ing interstate transportation within the continental United

4 States.

5 SEC. 7. AMENDMENTS TO GENERAL DUTIES AND POWERS.

6 (a) SAFETY INFORMATION AND INTERVENTION IN

7 ICC PROCEEDINGS.—Section 307 of title 49, United

8 States Code, is repealed.

9 (b) RESPONSIBILITY FOR CERTAIN RAIL

10 PROJECTS.—Section 333 of such title is amended—

11 (1) by striking subsection (d)(1)(C) and redes12 ignating subparagraphs (D) and (E) of subsection

13 (d)(1) as subparagraphs (C) and (D), respectively;

14 and

15 (2) by striking subsection (e).

16 (c) REPORT TO CONGRESS.—Subchapter I of chapter

17 5 of such title is amended by adding the following new

18 section:

19 ‘‘§ 508. Report to Congress.

20 ‘‘Two years from the effective date of the Interstate

21 Commerce Commission Sunset Act of 1993, the Secretary

22 of Transportation shall submit a status report and evalua23 tion, including recommendations, to Congress concerning

24 implementation of the National Governors’ Association
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1 Consensus Agenda on standards for uniform State regula2 tion of interstate motor carriers.’’.

3 (d) MOTOR CARRIER SAFETY DEFINITIONS.—Sec4 tion 3101(3) of such title is amended—

5 (1) by inserting ‘‘interstate’’ before ‘‘transpor6 tation’’ the first place it appears; and

7 (2) by striking ‘‘referred to in section 10521(a)

8 of this title’’.

9 (e) APPLICABILITY.—Section 3102(a)(1) of such title

10 is amended to read as follows:

11 ‘‘(1) defined as ‘interstate transportation’ by

12 section 10102;’’.

13 (f) RESEARCH, INVESTIGATION, AND TESTING.—Sec14 tion 3103(a) of such title is amended by striking ‘‘a motor

15 carrier subject to subchapter II of chapter 105 of this title

16 and a motor private carrier’’ and inserting ‘‘an interstate

17 motor carrier or motor private carrier’’.

18 (g) IDENTIFICATION OF MOTOR VEHICLES.—Section

19 3104(a) of such title is amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (1);

22 (2) by striking the period at the end of para23 graph (2) and inserting ‘‘; and’’; and

24 (3) by adding at the end the following new

25 paragraph:
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1 ‘‘(3) require each of those carriers and inter2 state motor carriers to display on the vehicle such

3 identification as the Secretary may require.’’.

4 SEC. 8. FEDERAL TRADE COMMISSION.

5 (a) JURISDICTION OF FTC.—Motor carriers, water

6 carriers (except those regulated by the Federal Maritime

7 Commission), freight forwarders, and railroad passenger

8 carriers shall be subject to the jurisdiction of the Federal

9 Trade Commission under the Federal Trade Commission

10 Act (15 U.S.C. 41–58) and section 11 of the Clayton Act

11 (15 U.S.C. 21).

12 (b) EXCLUSIVE JURISDICTION OF FTC.—The Fed13 eral Trade Commission is empowered exclusively to en14 force the household goods regulations for motor carriers

15 under section 1056 of title 49 of the Code of Federal Reg16 ulations and for freight forwarders under section 1085 of

17 such title, which regulations shall remain in effect until

18 revised or revoked by the Federal Trade Commission

19 under subsection (c) of this section.

20 (c) FTC REVIEW.—The Federal Trade Commission

21 shall institute a proceeding within 120 days of the date

22 of the enactment of this Act to review the necessity and

23 effectiveness of sections 1056 and 1085 of title 49 of the

24 Code of Federal Regulations and, where appropriate,

25 make revisions (1) to ensure that shippers of household
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1 goods receive adequate protection in their dealings with

2 carriers, and (2) to eliminate unnecessary regulations. The

3 initial proceeding conducted to implement this section

4 shall be governed by section 553 of title 5, United States

5 Code, and the Federal Trade Commission may dispense

6 with the rulemaking requirements imposed under section

7 18 of the Federal Trade Commission Act (15 U.S.C. 57a),

8 except that any such rule promulgated shall be subject to

9 the judicial review procedures of subsection (e) of such

10 section 18. This proceeding shall be completed within 1

11 year after commencement of the proceeding.

12 (d) OTHER AGENCIES REVIEWS.—Not later than 1

13 year after the Federal Trade Commission issues its final

14 regulations pursuant to subsection (c), all departments,

15 agencies, and instrumentalities of the United States shall

16 revise and conform their rules and regulations pertaining

17 to the transportation of household goods for the United

18 States to those household goods regulations issued by the

19 Federal Trade Commission.

20 SEC. 9. TRANSFER AND ALLOCATIONS OF APPROPRIA21 TIONS AND PERSONNEL.

22 (a) TRANSFERS.—The personnel (including career

23 members of the Senior Executive Service and excluding

24 all political appointees) employed in connection with, and

25 the assets, liabilities, contracts, property, records, and un-
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1 expended balances of appropriations, authorizations, allo2 cations, and other funds employed, held, used, arising

3 from, available to, or to be made available in connection

4 with, any function transferred by this Act, subject to sec5 tion 1531 of title 31, United States Code, shall be trans6 ferred to the head of the agency to which such function

7 is transferred for appropriate allocation. Personnel em8 ployed in connection with functions so transferred shall

9 be transferred in accordance with any applicable laws and

10 regulations relating to transfer of functions. Unexpended

11 funds transferred pursuant to this subsection shall only

12 be used for the purpose and period of time for which the

13 funds were originally authorized and appropriated. The

14 unobligated balance of appropriations available in connec15 tion with any function abolished by this Act shall lapse

16 on October 1, 1995, and the obligated balance of such ap17 propriations shall be transferred to the Secretary of

18 Transportation for the purpose of administering the pay19 ment of such obligations.

20 (b) AUTHORITY OF OMB.—In the absence of enacted

21 appropriations 30 days in advance of the transfer date,

22 the Director of the Office of Management and Budget is

23 authorized and directed, in consultation with the heads of

24 the agencies affected by such transfer, to determine the

25 number of personnel to be transferred.
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1 (c) AGENCY DISPUTE RESOLUTION.—In order to fa2 cilitate the transfers made by this Act, the Director of the

3 Office of Management and Budget is authorized and di4 rected, in consultation with the Interstate Commerce Com5 mission and the heads of the agencies to which functions

6 are so transferred, to make such determinations as may

7 be necessary with regard to the functions so transferred,

8 and to make such additional incidental dispositions of per9 sonnel, assets, liabilities, contracts, property, records, and

10 unexpended balances of appropriations, authorizations, al11 locations, and other funds held, used, arising from, avail12 able to, or to be made available in connection with, such

13 functions, as may be necessary to resolve disputes between

14 the Interstate Commerce Commission and the agencies to

15 which functions are transferred by this Act.

16 (d) DATE OF TRANSFERS.—The Chairman of the

17 Interstate Commerce Commission, the Secretary of Trans18 portation, and the Chairman of the Federal Trade Com19 mission shall, beginning as soon as practicable after the

20 date of the enactment of this Act, effect the transfer of

21 functions and personnel pursuant to this Act.

22 (e) INTERIM USE OF ICC PERSONNEL.—With the

23 consent of the Interstate Commerce Commission, the head

24 of each agency to which functions are transferred by this

25 Act is authorized to use the services of such officers, em-
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1 ployees, and other personnel of the Commission for such

2 period of time up to September 30, 1994, as may reason3 ably be needed to facilitate the orderly transfer of such

4 functions.

5 SEC. 10. SAVINGS PROVISIONS.

6 (a) IN GENERAL.—All orders, determinations, rules,

7 regulations, permits, contracts, certificates, licenses, and

8 privileges—

9 (1) which have been issued, made, or granted

10 by any agency or official thereof, or by a court of

11 competent jurisdiction, in the performance of any

12 function which is transferred by this Act from the

13 Interstate Commerce Commission to another agency;

14 and

15 (2) which are in effect on October 1, 1994,

16 shall continue in effect according to their terms until

17 modified, terminated, superseded, set aside, or re18 voked in accordance with law by the head of the

19 agency to which such function is transferred, or

20 other authorized officials, a court of competent juris21 diction, or by operation of law.

22 (b) CONTINUATION OF PROCEEDINGS.—The trans23 fers of functions made by this Act shall not affect any

24 proceedings or any application for any license, permit, or

25 certificate relating to transferred functions pending before
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1 the Interstate Commerce Commission at the time such

2 transfers take effect; but such proceedings and applica3 tions, to the extent that they relate to functions so trans4 ferred, shall be continued. Orders shall be issued in such

5 proceedings, and appeals may be taken therefrom, as if

6 this Act had not been enacted; and orders issued in any

7 such proceedings shall continue in effect until modified,

8 terminated, superseded, or revoked by a duly authorized

9 official, by a court of competent jurisdiction, or by oper10 ation of law. Nothing in this subsection shall be deemed

11 to prohibit the discontinuance or modification of any such

12 proceeding under the same terms and conditions and to

13 the same extent that such proceeding could have been dis14 continued or modified if this Act had not been enacted.

15 (c) AFFECT ON PENDING SUITS.—Except as pro16 vided in subsection (e)—

17 (1) the transfer of any function under this Act

18 shall not affect any suit relating to such function

19 which is commenced prior to the date the transfer

20 takes effect, and

21 (2) in all such suits, proceedings shall be had,

22 appeals taken, and judgments rendered in the same

23 manner and effect as if this Act had not been en24 acted.
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1 (d) NONABATEMENT OF SUITS.—No suit, action, or

2 other proceeding commenced by or against any officer in

3 his or her official capacity as an officer of the Interstate

4 Commerce Commission shall abate by reason of the trans5 fer of any function under this Act. No cause of action by

6 or against the Interstate Commerce Commission, or by or

7 against any officer thereof in his or her official capacity,

8 shall abate by reason of the transfer of any function under

9 this Act.

10 (e) JUDICIAL ADMINISTRATIVE PROVISION.—If, be11 fore October 1, 1994, the Interstate Commerce Commis12 sion, or officer thereof in his or her official capacity, is

13 a party to a suit relating to a function transferred by this

14 Act, then such suit shall be continued with the head of

15 the Federal agency to which the function is transferred.

16 (f) REFERENCES.—With respect to any function

17 transferred to another agency by this Act and exercised

18 after the effective date of such transfer, reference in any

19 Federal law to the Interstate Commerce Commission or

20 the Commission (insofar as such term refers to the Inter21 state Commerce Commission), or to any officer or office

22 of the Interstate Commerce Commission, shall be deemed

23 to refer to that agency, or other official or component of

24 the agency, in which such function vests.
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1 (g) AUTHORITY.—In the exercise of any function

2 transferred under this Act, the head of the agency to

3 which such function is transferred shall have the same au4 thority as that vested in the Interstate Commerce Com5 mission with respect to such function immediately preced6 ing its transfer, and actions of the head of such agency

7 in exercising such function shall have the same force and

8 effect as when exercised by the Interstate Commerce

9 Commission.

10 (h) CONSIDERATION OF OPERATIONAL CONTINU11 ITY.—In exercising any function transferred by this Act,

12 the head of the agency to which such function is trans13 ferred shall give full consideration to the need for oper14 ational continuity of the function transferred.

15 SEC. 11. DEFINITIONS.

16 For purposes of this Act—

17 (1) the term ‘‘agency’’ has the same meaning

18 such term has in section 551(1) of title 5, United

19 States Code; and

20 (2) the term ‘‘function’’ means a function,

21 power, or duty.

22 SEC. 12. CONFORMING AMENDMENTS.

23 (a) ANALYSES.—The provisions and chapter analyses

24 of title 49, United States Code, shall be amended to con25 form with the amendments made by this Act.
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1 (b) CLAYTON ACT.—The following provisions of the

2 Clayton Act are amended effective October 1, 1994:

3 (1) Section 7 (15 U.S.C. 18) by striking ‘‘Inter4 state Commerce Commission,’’.

5 (2) Section 11(a) (15 U.S.C. 21(a)) by striking

6 ‘‘in the Interstate Commerce Commission where ap7 plicable to common carriers subject to the Interstate

8 Commerce Act, as amended;’’.

9 (3) Section 16 (15 U.S.C. 26)—

10 (A) by striking ‘‘Act to regulate commerce

11 approved February fourth, eighteen hundred

12 and eighty-seven’’ and inserting ‘‘Interstate

13 Commerce Commission Sunset Act of 1993’’;

14 and

15 (B) by striking ‘‘Interstate Commerce

16 Commission’’ and inserting ‘‘Department of

17 Transportation’’.

18 SEC. 13. SEVERABILITY CLAUSE.

19 If any provision of this Act, or the application of such

20 provision to any person or circumstance, is held invalid,

21 the remainder of this Act and the application of such pro22 vision to any other person or circumstance shall not be

23 affected by such invalidation.
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1 SEC. 14. EFFECTIVE DATE.

2 This Act shall be effective on the date of its enact3 ment, except as specifically provided otherwise.

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