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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2858 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2858

             To abolish the Interstate Commerce Commission.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1993

 Mr. Cox 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interstate Commerce Commission 
Sunset Act''.

SEC. 2. PURPOSE.

    This Act is a part of the continuing effort by Congress to 
eliminate unnecessary Government programs, departments, and agencies as 
a means of cutting deficit spending, reducing government waste, and 
improving the productivity and competitiveness of United States 
industries in domestic and world markets.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) a safe, sound, competitive, and fuel efficient surface 
        transportation system is vital to the maintenance of a strong 
        national economy, an improved balance of payments, and a strong 
        national defense;
            (2) a broad range of United States industries have already 
        saved billions of dollars as a result of recent transportation 
        law reforms such as the elimination of most of the Interstate 
        Commerce Commission's trucking regulations;
            (3) in recent years the Congress has so diminished the 
        Interstate Commerce Commission's regulatory responsibilities 
        that its remaining responsibilities should be transferred to 
        the Department of Transportation; and
            (4) the Interstate Commerce Commission should cease 
        operation at the end of fiscal year 1995.

SEC. 4. TERMINATION OF AUTHORITY UNDER TITLE 49.

    (a) Chapter 103.--The following provisions of chapter 103 of title 
49, United States Code, are repealed effective October 1, 1994:
            (1) Section 10301.
            (2) Section 10302.
            (3) Section 10303.
            (4) Section 10304.
            (5) Section 10305.
            (6) Section 10306.
            (7) Section 10307.
            (8) Section 10308.
            (9) Subsection (b) of section 10310.
            (10) Section 10311.
            (11) Section 10322.
            (12) Subsection (b) of section 10328.
            (13) Sections 10329(a)(2), 10329(c)(2), and 10329(c)(3).
            (14) Section 10330(b).
            (15) Subchapter III.
            (16) Section 10361.
            (17) Section 10363.
            (18) Section 10364.
            (19) Subchapter V.
    (b) Chapter 105.--The following provisions of chapter 105 of title 
49, United States Code, are repealed effective October 1, 1994:
            (1) Section 10502.
            (2) Section 10504.
            (3) Sections 10521 through 10530.
            (4) Subchapter III.
            (5) Subchapter IV.
    (c) Chapter 107.--The following provisions of chapter 107 of title 
49, United States Code, are repealed effective October 1, 1994:
            (1) Subsections (d) and (e) of section 10701.
            (2) Subsection (b) of section 10702.
            (3) Subsections (b), (c), and (d) of section 10704.
            (4) Subsections (a), (o), and (p) of section 10705a.
            (5) Section 10706.
            (6) Section 10708.
            (7) Section 10722.
            (8) Section 10725.
            (9) Section 10733.
            (10) Section 10735.
            (11) Section 10749.
            (12) Subsection (c) of section 10751.
            (13) Subsection (b) of section 10761.
            (14) Section 10766.
    (d) Chapter 109.--The following provisions of chapter 109 of title 
49, United States Code, are repealed effective October 1, 1994:
            (1) Section 10921.
            (2) Subsections (a), (b), and (d) through (k) of section 
        10922.
            (3) Section 10923.
            (4) Section 10924.
            (5) Section 10925.
            (6) Section 10926.
            (7) Section 10927.
            (8) Section 10928.
            (9) Section 10929.
            (10) Section 10930.
            (11) Section 10931.
            (12) Section 10932.
            (13) Section 10933.
            (14) Section 10934.
    (e) Chapter 111.--The following provisions of chapter 111 of title 
49, United States Code, are repealed effective October 1, 1994:
            (1) Subsections (b) and (c) of section 11101.
            (2) Section 11102.
            (3) Section 11106.
            (4) Section 11107.
            (5) Section 11108.
            (6) Section 11110.
            (7) Section 11111.
            (8) Section 11127.
            (9) Section 11142.
    (f) Chapter 113.--The following provisions of chapter 113 of title 
49, United States Code, are repealed effective October 1, 1994:
            (1) Section 11304.
            (2) Section 11321.
            (3) Section 11323.
            (4) Subchapter III, other than section 11348(b).
    (g) Chapter 115.--The following provisions of chapter 115 of title 
49, United States Code, are repealed effective October 1, 1994:
            (1) Section 11503a.
            (2) Section 11506.
    (h) Chapter 117.--The following provisions of chapter 117 of title 
49, United States Code, are repealed effective October 1, 1994:
            (1) Section 11704.
            (2) Section 11708.
            (3) Section 11711.
    (i) Chapter 119.--The following provisions of chapter 119 of title 
49, United States Code, are repealed effective October 1, 1994:
            (1) Section 11905.
            (2) Section 11906.
            (3) Section 11908.
            (4) Subsections (b), (c), and (d) of section 11909.
            (5) Subsections (a)(2) through (a)(4) of section 11910.
            (6) Section 11912.
            (7) Subsections (b), (c), and (d) of section 11914.

SEC. 5. TRANSFER OF AUTHORITY TO DEPARTMENT OF TRANSPORTATION.

    (a) Chapter 101.--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 October 1, 1994:
            (1) Section 10101 as amended in subsection (a)--
                    (A) by striking ``to provide for the impartial 
                regulation of the modes of transportation subject to 
                this subtitle,'';
                    (B) by striking paragraphs (1) and (2) and 
                inserting the following new paragraphs:
            ``(1) to promote safe, adequate, economical, and efficient 
        transportation;
            ``(2) to cooperate with each State and the officials of 
        each State on transportation matters;''; and
                    (C) in paragraph (3)--
                            (i) by striking ``carrier of passengers'' 
                        and inserting ``carriers'';
                            (ii) by striking clause (B);
                            (iii) by redesignating clause (C) as clause 
                        (B); and
                            (iv) by striking ``enacted by the Bus 
                        Regulatory Reform Act of 1982''.
            (2) Section 10101a.
            (3) Section 10102 as amended--
                    (A) in paragraph (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 paragraph (5);
                    (C) by inserting ``and a freight forwarder'' before 
                the period at the end of paragraph (6);
                    (D) by striking paragraph (8);
                    (E) in paragraph (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'';
                            (ii) by inserting ``and'' after the 
                        semicolon at the end of subparagraph (A);
                            (iii) by striking ``and'' after the 
                        semicolon following subparagraph (B) and 
                        inserting a period; and
                            (iv) by striking subparagraph (C);
                    (F) in paragraph (11) by striking ``Commission'' 
                each place it appears and inserting ``Federal Trade 
                Commission'';
                    (G) by striking paragraph (12);
                    (H) by inserting after paragraph (12) the following 
                new paragraph:
            ``(13) `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;
                            ``(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.'';
                    (I) by striking paragraph (14) and inserting the 
                following new paragraph:
            ``(14) `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.'';
                    (J) in paragraph (16)(A) by striking ``as provided 
                in section 10521(a) (1) and (2) of this title'' and 
                inserting ``interstate transportation'';
                    (K) in paragraph (17) by striking ``determined by 
                the Commission'' and inserting ``thereof'';
                    (L) by striking paragraph (19);
                    (M) in paragraph (21) by striking ``lighter, and 
                ferry'' and inserting ``and ferry'';
                    (N) in paragraph (22) by striking ``, fare,'';
                    (O) by striking paragraph (23);
                    (P) in paragraph (26)--
                            (i) by striking ``of passengers or'';
                            (ii) by striking ``, or both,''; and
                            (iii) by striking ``passengers and'';
                    (Q) in paragraph (31) by striking ``subject to the 
                jurisdiction of the Commission under this subtitle''; 
                and
                    (R) by redesignating the paragraphs of such section 
                10102, as so amended, as paragraphs (1) through (27), 
                respectively.
    (b) Chapter 103.--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 October 1, 1994:
            (1) Section 10309.
            (2) Subsection (a) of section 10310.
            (3) Section 10321 as amended--
                    (A) in subsection (c)(1) by striking ``Commission, 
                an individual Commissioner, an employee board, an 
                employee delegated to act under section 10305 of this 
                title'' and inserting ``Secretary''; and
                    (B) by striking subsection (c)(2).
            (4) Section 10324.
            (5) Section 10326 as amended by striking ``the Commission, 
        or a division, an individual Commissioner, an employee board, 
        an employee delegated to act under section 10305 of this title, 
        or another person authorized to act on behalf of the Commission 
        for any part of the proceeding,'' and inserting ``the 
        Secretary''.
            (6) Section 10327 as amended--
                    (A) by striking all references to divisions and 
                employee boards;
                    (B) by striking subsection (g)(2); and
                    (C) in subsection (g)--
                            (i) by striking ``(1)'';
                            (ii) by striking ``or'' before 
                        ``substantially''; and
                            (iii) by inserting ``, or the action 
                        involves a matter of general transportation 
                        importance'' after ``circumstances''.
            (7) Section 10328(a).
            (8) Subsections (a)(1), (b) (except for the second sentence 
        dealing with transportation by motor carrier or broker), (c)(1) 
        (insofar as it applies to rail carriers), (d) (insofar as it 
        applies to rail carriers), and (e) (except as it applies to 
        brokers, freight forwarders, and water carriers) of section 
        10329.
            (9) Subsections (a) and (c) of section 10330.
            (10) Section 10362 as amended--
                    (A) in subsection (b) by striking ``Rail Services 
                Planning Office shall'' and inserting ``Department of 
                Transportation may'';
                    (B) in subsection (b)(1) by striking ``assist the 
                Interstate Commerce Commission in studying and 
                evaluating'' and inserting ``study and evaluate'';
                    (C) in subsection (b)(2) by striking ``assist the 
                Commission in developing'' and inserting ``develop'';
                    (D) by striking subsection (b)(5)(B);
                    (E) by striking subsection (b)(8); and
                    (F) in subsection (d) by striking ``Office'' and 
                inserting ``Secretary''.
    (c) Chapter 105.--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 a rail carrier 
and a water carrier, when the transportation is under common control, 
management, or arrangement for a continuous carriage or shipment, 
effective October 1, 1994:
            (1) Section 10501.
            (2) Section 10503.
            (3) Section 10505.
    (d) Chapter 107.--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 October 1, 1994:
            (1) Section 10701 as amended--
                    (A) in subsection (a)--
                            (i) by striking the first sentence;
                            (ii) by striking ``such a carrier 
                        (including a rail carrier)'' and inserting ``a 
                        rail carrier''; and
                            (iii) by striking ``those carriers 
                        (including rail carriers)'' and inserting 
                        ``rail carriers''; and
                    (B) in subsection (c)--
                            (i) by striking ``or III''; and
                            (ii) by striking ``either of those 
                        subchapters'' and inserting ``that 
                        subchapter''.
            (2) Section 10701a.
            (3) Section 10702(a), except for rules and practices 
        affecting tickets and carrying of baggage.
            (4) Section 10703 insofar as it applies to rail carriers 
        and the obligation rail carriers have to establish through 
        routes with water common carriers.
            (5) Subsections (a), (e), and (f) of section 10704.
            (6) Section 10705 as amended--
                    (A) in subsection (a)(1) by striking ``, II (except 
                a motor common carrier of property), or III'';
                    (B) in subsection (a)(3) by striking ``prescribe--
                '' and all that follows through ``(B) a through'' and 
                inserting ``prescribe a through'';
                    (C) by striking subsection (b);
                    (D) in subsection (c) by striking ``or (b)'' and 
                ``, water carrier, or motor common carrier of 
                property'';
                    (E) in subsection (e) by striking ``water common 
                carrier'';
                    (F) in subsection (f) by striking ``or (b)''; and
                    (G) by striking subsection (h).
            (7) Subsections (b) through (n) of section 10705a insofar 
        as they apply to branch line surcharges and joint rate 
        cancellations.
            (8) Section 10707.
            (9) Section 10707a.
            (10) Section 10709.
            (11) Section 10710.
            (12) Section 10711 as amended by striking ``and (b)'' and 
        ``10727,''.
            (13) Section 10712.
            (14) Section 10713 as amended--
                    (A) by inserting ``and'' after the semicolon at the 
                end of subsection (m)(1);
                    (B) by striking ``; and'' at the end of subsection 
                (m)(2) and inserting a period; and
                    (C) by striking subsection (m)(3).
            (15) Section 10721 as amended--
                    (A) by striking subsection (a);
                    (B) in subsection (b)(1)--
                            (i) by striking ``, II or III'';
                            (ii) by inserting ``any qualified person'' 
                        after ``title 39, and'';
                            (iii) by striking ``reduced'' the last 
                        place it appears and inserting ``tendered'';
                            (iv) by striking ``; except that any rates 
                        for the transportation of household goods for 
                        the United States Government shall not be 
                        predatory''; and
                            (v) by adding at the end of such subsection 
                        the following new sentence: ``Section 3709 of 
                        the Revised Statutes of the United States (41 
                        U.S.C. 5) shall not apply to transportation 
                        procured pursuant to this section.'';
                    (C) by striking subsections (b)(2) and (b)(3); and
                    (D) by striking subsection (c).
            (16) Section 10723 insofar as it applies to rail 
        transportation.
            (17) Section 10724 insofar as it applies to rail 
        transportation of property.
            (18) Section 10726 insofar as it applies to rail 
        transportation.
            (19) Section 10728.
            (20) Section 10731 as amended--
                    (A) in subsection (b)--
                            (i) by inserting ``and'' after the 
                        semicolon at the end of paragraph (1);
                            (ii) by striking ``; and'' at the end of 
                        paragraph (2) and inserting a period; and
                            (iii) by striking paragraph (3); and
                    (B) by striking subsection (d);
            (21) Section 10734.
            (22) Section 10741 insofar as it applies to rail carriers.
            (23) Section 10742 as amended--
                    (A) by striking ``or III'', ``passengers and'', and 
                ``under either of those subchapters''; and
                    (B) by inserting ``rail or water'' after 
                ``another'';
            (24) Section 10743 as it applies to rail transportation.
            (25) Section 10745.
            (26) Section 10746.
            (27) Section 10747 insofar as it applies to rail 
        transportation.
            (28) Section 10748.
            (29) Section 10750.
            (30) Subsections (a) and (b) of section 10751 insofar as 
        they apply to rail transportation.
            (31) Subsections (a) and (c) of section 10761 insofar as 
        they apply to rail transportation.
            (32) Section 10762 as amended--
                    (A) in subsection (a)(1)--
                            (i) by striking ``(except a motor common 
                        carrier)'';
                            (ii) by striking ``and (A) if a common 
                        carrier''; and
                            (iii) by striking ``, and (B)'' and all 
                        that follows through ``under this subtitle'';
                    (B) in subsection (a)(2) by striking the last two 
                sentences;
                    (C) in subsection (b)(1) by striking ``subchapter 
                I, III, or IV of'';
                    (D) in subsection (b)(1)(B) by striking all after 
                the parenthetical phrase and inserting a semicolon; and
                    (E) by striking subsection (b)(1)(C);
                    (F) by redesignating subsections (b)(1)(D) and 
                (b)(1)(E) as subsections (b)(1)(C) and (b)(1)(D), 
                respectively;
                    (G) in subsection (c)(1) by striking ``(A)'', 
                ``subchapter I of'', and ``or (B) under another 
                subchapter of that chapter proposes to change a rate, 
                classification, rule, or practice,'';
                    (H) by striking subsection (c)(2);
                    (I) by striking the second sentence of subsection 
                (c)(3);
                    (J) by striking ``In the case of a rail carrier, 
                a'' at the beginning of the third sentence of 
                subsection (c)(3) and inserting ``A'';
                    (K) by striking the last sentence of subsection 
                (c)(3);
                    (L) by redesignating subsection (c)(3) as 
                subsection (c)(2);
                    (M) in subsection (d)(1) by striking ``subsections 
                (a) and'' and inserting ``subsection'';
                    (N) in subsection (d)(2) by striking ``subchapter I 
                of''; and
                    (O) by striking subsections (f) and (g).
            (33) Section 10763.
            (34) Section 10764 as amended--
                    (A) by striking the last sentence of subsection 
                (a)(1);
                    (B) by striking subsection (b); and
                    (C) by redesignating subsection (c) as subsection 
                (b);
            (35) Section 10765 as amended by striking the parenthetical 
        phrase in subsection (a).
            (36) Section 10781.
            (37) Subchapter V of chapter 107 insofar as it applies to 
        rail transportation.
    (e) Chapter 109.--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 October 1, 1994:
            (1) Subchapter I insofar as it applies to rail carriers of 
        property, including section 10903 as amended by inserting in 
        the last sentence of subsection (b)(2) ``prior to its repeal by 
        the Interstate Commerce Commission Sunset Act'' after 
        ``title''.
            (2) Section 10922(c) as amended--
                    (A) by striking paragraph (1);
                    (B) by striking paragraph (2)(A);
                    (C) in paragraph (2)(B)--
                            (i) by striking ``issue a certificate to a 
                        person authorizing that'' and inserting 
                        ``authorize a'';
                            (ii) by striking ``has been granted 
                        authority, or will be granted authority, after 
                        the effective date of this section to provide'' 
                        and inserting ``provides'';
                            (iii) by striking ``to be authorized by the 
                        certificate''; and
                            (iv) by striking ``issuance of the 
                        certificate'' and inserting ``authorization'';
                    (D) in paragraph (2)(C)--
                            (i) by striking ``, as defined in section 
                        10526(b)(1) of this title,'';
                            (ii) by inserting ``interstate'' after 
                        ``regular-route''; and
                            (iii) by striking ``of passengers subject 
                        to the jurisdiction of the Commission under 
                        subchapter II of chapter 105 of this title'';
                    (E) by striking paragraph (2)(D);
                    (F) in paragraph (2)(E) by striking ``a certificate 
                issued'' and inserting ``authority granted'';
                    (G) by striking paragraphs (2)(F), (2)(H), and 
                (2)(I);
                    (H) by striking paragraphs (3) through (9); and
                    (I) by striking the subsection heading and 
                inserting ``Special Powers Relating to Motor 
                Carriers''.
            (3) Section 10935 as amended--
                    (A) in subsection (a) by striking ``, and 
                interstate authority under a certificate issued under 
                section 10922 of this subchapter, to provide'' and 
                inserting ``and providing interstate'';
                    (B) in subsection (e)(1)(A) by striking ``Subject 
                to paragraph (3) of this subsection, if'' and inserting 
                ``If'';
                    (C) in subsection (e)(1)(B) by striking ``August 1, 
                1982'' and inserting ``the date of the enactment of the 
                Interstate Commerce Commission Sunset Act'';
                    (D) by striking subsections (e)(2) and (e)(3);
                    (E) by redesignating subsection (e)(4) as 
                subsection (e)(2);
                    (F) in subsection (g)(2) by striking ``or (e)(2)''; 
                and
                    (G) in subsection (h) by striking ``a motor common 
                carrier of passengers subject to the jurisdiction of 
                the Commission under subchapter II of chapter 105 of 
                this title corresponding to an interstate service 
                initiated pursuant to the provisions of section 
                10922(c)(4) of this title'' and inserting ``an 
                interstate motor common carrier of passengers''.
    (f) Chapter 111.--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 October 1, 1994:
            (1) Section 11101(a) as amended by striking the second 
        sentence.
            (2) Section 11103.
            (3) Section 11104.
            (4) Section 11105 insofar as it applies to rail carriers.
            (5) Section 11121 as amended by striking ``11127,''.
            (6) Section 11122.
            (7) Section 11123.
            (8) Section 11124.
            (9) Section 11125.
            (10) Section 11126 as amended by striking ``11127,''.
            (11) Section 11128 as amended by striking ``sections 
        11123(a)(4) and 11127(a)(1)(C)'' and inserting ``section 
        11123(a)''.
            (12) Section 11141 insofar as it applies to rail carriers.
            (13) Section 11143 insofar as it applies to rail carriers.
            (14) Section 11144 insofar as it applies to rail carriers.
            (15) Section 11145 as amended--
                    (A) in subsection (a)--
                            (i) by inserting ``rail'' before 
                        ``carriers'';
                            (ii) by striking ``brokers,''; and
                            (iii) by striking ``or express'';
                    (B) in subsection (b) by striking ``broker,'' and 
                the second sentence; and
                    (C) by striking subsection (c).
            (16) Subchapter IV.
    (g) Chapter 113.--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 
113 of title 49, United States Code, effective October 1, 1994:
            (1) Section 11301 as amended by striking ``or sleeping 
        car'' in subsection (a)(1).
            (2) Section 11303 insofar as it applies to rail carriers.
            (3) Section 11322.
            (4) Section 11348(b) insofar as it applies to rail 
        carriers.
            (5) Subchapter IV.
    (h) Chapter 115.--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 October 1, 1994:
            (1) Section 11501 as amended--
                    (A) by striking subsection (a);
                    (B) in the first sentence of subsection (c)--
                            (i) by inserting ``or passenger 
                        transportation'' after ``title'';
                            (ii) by inserting ``or, in the case of 
                        passenger transportation, with the standards 
                        applicable to rail transportation of property'' 
                        before the period at the end of the sentence;
                    (C) in subsection (d)(1) by inserting ``or 
                passenger transportation'' after ``title'';
                    (D) in subsection (e)(1) by striking 
                ``transportation subject to the jurisdiction of the 
                Commission under subchapter II of chapter 105 of this 
                title'' and inserting ``interstate transportation'';
                    (E) in subsection (e)(5) by striking ``subject to 
                the jurisdiction of the Commission under subchapter II 
                of chapter 105 of this title'' and by striking 
                ``authorized'';
                    (F) by striking subsection (e)(6); and
                    (G) by striking subsection (g) and inserting the 
                following new subsection:
    ``(g) Preemption of Certain State Regulation.--Notwithstanding any 
other provision of law, no State or political subdivision thereof and 
no interstate agency or other political agency of 2 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 rates, routes, or services of any motor carrier, motor 
private carrier, water carrier, freight forwarder, or broker that 
provides transportation of property in interstate commerce.''.
            (2) Section 11502 as amended--
                    (A) in subsection (a)--
                            (i) by striking ``(1)'';
                            (ii) by striking ``subchapter I, III, or IV 
                        of'';
                            (iii) by striking paragraph (2);
                            (iv) by striking ``(A)'' the first place it 
                        appears and inserting ``(1)''; and
                            (v) by striking ``(B)'' the first place it 
                        appears and inserting ``(2)'';
                    (B) in subsection (b) by striking ``subchapter I or 
                IV of''; and
                    (C) in subsection (c) by striking ``subchapter I or 
                III of''.
            (3) Section 11503.
            (4) Section 11504 as amended--
                    (A) in subsection (a)(2) by striking ``, express, 
                or sleeping car'';
                    (B) in subsection (b) by striking ``(1)'' and by 
                striking paragraph (2); and
                    (C) by striking subsection (c).
            (5) Section 11505 as amended by striking ``(a)'' and by 
        striking subsection (b).
            (6) Section 11507.
    (i) Chapter 117.--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 October 1, 1994:
            (1) Section 11701 as amended--
                    (A) in subsection (a)--
                            (i) by striking ``, broker or freight 
                        forwarder'';
                            (ii) by striking the last two sentences; 
                        and
                    (B) in subsection (b)--
                            (i) by striking ``, or broker for,'';
                            (ii) by striking ``or a foreign motor 
                        carrier or a foreign motor private carrier 
                        providing transportation under a certificate of 
                        registration issued under section 10530 of this 
                        title, or freight forwarder'';
                            (iii) by striking ``and, if it is against a 
                        water carrier, must be made under oath''; and
                            (iv) by striking the last sentence.
            (2) Section 11702 as amended--
                    (A) in subsection (a)(1) by striking ``or 10933'';
                    (B) by striking subsection (a)(2) and inserting the 
                following:
            ``(2) to enforce section 11109 of this title and to compel 
        compliance with the order of the Secretary under that section; 
        and'';
                    (C) by striking subsection (a)(4);
                    (D) by redesignating subsections (a)(5) and (a)(6) 
                as subsections (a)(4) and (a)(5), respectively;
                    (E) by striking subsection (b); and
                    (F) by striking ``(a)'' the first place it appears.
            (3) Section 11703.
            (4) Section 11705 as amended--
                    (A) by striking ``subchapter I or III of'' each 
                place it appears;
                    (B) in subsection (a) by striking ``or a freight 
                forwarder'';
                    (C) in subsection (b)(1) by striking ``or a freight 
                forwarder'' and by striking ``or the applicable freight 
                forwarder rate, as the case may be'';
                    (D) by striking subsection (b)(3);
                    (E) by striking the last sentence of subsection 
                (c)(1); and
                    (F) in subsection (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 ``(C)''.
            (5) Section 11706 as amended--
                    (A) in subsection (a) by striking ``or a freight 
                forwarder'' and by striking ``or freight forwarder'';
                    (B) in subsection (b) by striking ``subchapter I or 
                III of'';
                    (C) in subsection (c) by striking ``(1)'' and by 
                striking paragraph (2); and
                    (D) in subsection (d) by striking ``(c)(1)'' and 
                inserting ``(c)''.
            (6) Section 11707 as amended--
                    (A) in subsection (a)(1)--
                            (i) by striking ``(1)'';
                            (ii) by striking ``, II, or IV'' each place 
                        it appears;
                            (iii) by striking ``and a freight for- 
                        warder'' in the first sentence;
                            (iv) by striking ``or freight forwarder'' 
                        in the second and fourth sentences; and
                            (v) by striking ``, except in the case of a 
                        freight forwarder,'' in the third sentence;
                    (B) by striking subsection (a)(2); and
                    (C) in subsection (c) by striking paragraphs (2) 
                and (3) and by redesignating paragraph (4) as paragraph 
                (2).
            (7) Section 11709.
            (8) Section 11710.
    (j) Chapter 119.--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 October 1, 1994:
            (1) Section 11901 as amended--
                    (A) by striking subsections (g) through (k); and
                    (B) by redesignating subsection (l) as subsection 
                (g) and in such subsection by striking ``(1)'' and by 
                striking paragraph (2).
            (2) Section 11902.
            (3) Section 11903.
            (4) Section 11904 as amended by striking subsections (b), 
        (c), and (d).
            (5) Section 11907.
            (6) Section 11909(a).
            (7) Subsections (a)(1), (b) (insofar as it applies to rail 
        carriers), (c), and (d) of section 11910.
            (8) Section 11911.
            (9) Section 11913.
            (10) Section 11913a.
            (11) Subsection (a) of section 11914.
            (12) Section 11915.
            (13) Section 11916.

SEC. 6. MISCELLANEOUS AMENDMENTS.

    (a) Rates and Liability Based on Value.--Section 10730 of title 49, 
United States Code, is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a)(1) Subject to the provisions of paragraph (2) of this 
subsection, a motor common carrier may agree with a shipper that the 
liability of the carrier for such property is limited to a value 
established by written declaration of the shipper or by written 
agreement between the carrier and shipper if that value would be 
reasonable under the circumstances surrounding the transportation.
    ``(2) Before a carrier may limit a contract of carriage for any 
service under paragraph (1) of this subsection, it shall provide a 
contract of carriage for such service which does not limit the 
liability of the carrier.''; and
            (2) by redesignating subsection (c) as subsection (b) and 
        in such subsection by striking ``providing transportation or 
        service subject to the jurisdiction of the Commission under 
        subchapter I of chapter 105 of the title''.
    (b) Backhaul Allowances.--Section 10732 of such title is amended--
            (1) by striking ``food and grocery'' each place it appears;
            (2) by striking subsection (b);
            (3) by striking ``(a)''; and
            (4) by striking the section heading and inserting 
        ``backhaul allowances''.
    (c) Liability for Payment of Rates.--Section 10744 of such title is 
amended--
            (1) in subsection (a)(1) by striking ``, motor, or water 
        common'';
            (2) in each of subsections (b) and (c)(3) by striking ``or 
        express''; and
            (3) by striking subsection (c)(2) and by redesignating 
        subsection (c)(3) as subsection (c)(2).
    (d) Unfair Trade Practices of Contiguous Foreign Governments.--
Section 10922(1) of such title is amended to read as follows:
    ``(l) Unfair Trade Practices of Contiguous Foreign Governments.--
            ``(1) Consultations.--Whenever the President of the United 
        States determines that the government of any foreign country 
        contiguous to the United States or the government of any 
        political subdivision or any instrumentality of such country, 
        has engaged in unfair, discriminatory, or restrictive practices 
        that have a substantial adverse competitive impact upon a 
        United States transportation company providing, or seeking to 
        provide motor carrier transportation of property or passengers 
        to, from, or within such foreign country, the President shall 
        seek elimination of such practices through consultations.
            ``(2) Limitation on certain foreign operations in united 
        states.--Notwithstanding any other provision of law, when 
        consultations fail to result in the elimination of the unfair, 
        discriminatory, or restrictive practices cited in paragraph 
        (1), the President may suspend, modify, amend, condition, or 
        limit 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, if the 
        President determines such action to be in the national 
        interest. The President shall publish notice of such 
        determination, including the reasons for the determination and 
        the action being proposed, in the Federal Register. Unless the 
        President determines that expeditious action is required, the 
        President shall provide an opportunity for presentation of 
        views concerning the taking of such action.
            ``(3) Modification of limitations.--The President may also 
        remove or modify any action taken under paragraph (2) if the 
        President determines that such removal or modification is 
        likewise in the national interest.
            ``(4) Delegation of authority; regulations.--The President 
        may delegate any or all authority under this subsection to the 
        Secretary of Transportation who shall consult with other 
        agencies as appropriate. Any suspension, modification, 
        amendment, condition, or limitation imposed under paragraph 
        (2), and documentary requirements that may be necessary to 
        institute and enforce such actions, shall be accomplished in 
        accordance with directions of the President under regulations 
        issued by the Secretary of Transportation, in consultation with 
        other agencies as appropriate. Such regulations and orders 
        shall be enforced by the Department of Transportation, the 
        Department of the Treasury, and the Department of Justice.
            ``(5) Compliance with other applicable laws.--This section 
        shall in no way affect the requirement for all foreign motor 
        carriers operating in the United States to comply fully with 
        all applicable laws and regulations pertaining to safety 
        fitness, safety of operation, financial responsibility, and 
        taxes imposed by section 4481 of the Internal Revenue Code of 
        1986.''.
    (e) Loading and Unloading of Motor Vehicles.--Section 11109 of such 
title is amended by striking ``(whether or not such transportation is 
subject to the jurisdiction of the Commission under subchapter II of 
chapter 105 of this title)'' each place it appears.
    (f) Weight-Bumping.--Section 11917 of such title is amended--
            (1) by striking ``a shipment of household goods which is 
        subject to the jurisdiction of the Commission under subchapter 
        II of chapter 105 of this title'' and inserting ``an interstate 
        shipment''; and
            (2) in the section heading by striking ``in household goods 
        transportation''.
    (g) Federal Maritime Commission Jurisdiction.--Nothing in this Act, 
the Shipping Act, 1916, or the Intercoastal Shipping Act, 1933 shall be 
construed to confer upon the Federal Maritime Commission jurisdiction 
over any carrier providing water transportation between the contiguous 
United States and Hawaii, Alaska, or a United States territory or 
possession as part of a joint through transportation arrangement with a 
carrier providing interstate transportation within the continental 
United States.

SEC. 7. AMENDMENTS TO GENERAL DUTIES AND POWERS.

    (a) Information and Intervention in ICC Proceedings.--Section 307 
of title 49, United States Code, is repealed.
    (b) Responsibility For Certain Rail Projects.--Section 333 of such 
title is amended--
            (1) by striking subsection (d)(1)(C) and redesignating 
        subparagraphs (D) and (E) of subsection (d)(1) as subparagraphs 
        (C) and (D), respectively; and
            (2) by striking subsection (e).
    (c) Report to Congress.--Subchapter I of chapter 5 of such title is 
amended by adding the following new section:
``Sec. 508. Report to Congress
    ``Two years from the effective date of the Interstate Commerce 
Commission Sunset Act, the Secretary of Transportation shall submit a 
status report and evaluation, including recommendations, to Congress 
concerning implementation of the National Governors' Association 
Consensus Agenda on standards for uniform State regulation of 
interstate motor carriers.''.
    (d) Motor Carrier Safety Definitions.--Section 3101(3) of such 
title is amended--
            (1) by inserting ``interstate'' before ``transportation'' 
        the first place it appears; and
            (2) by striking ``referred to in section 10521(a) of this 
        title''.
    (e) Applicability.--Section 3102(a)(1) of such title is amended to 
read as follows:
            ``(1) defined as `interstate transportation' by section 
        10102;''.
    (f) Research, Investigation, and Testing.--Section 3103(a) of such 
title 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''.
    (g) Identification of Motor Vehicles.--Section 3104(a) of such 
title is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) require each of those carriers and interstate motor 
        carriers to display on the vehicle such identification as the 
        Secretary may require.''.

SEC. 8. FEDERAL TRADE COMMISSION.

    (a) Jurisdiction of FTC.--Motor carriers, water carriers (except 
those regulated by the Federal Maritime Commission), freight 
forwarders, and railroad passenger carriers shall be subject to the 
jurisdiction of the Federal Trade Commission under the Federal Trade 
Commission Act (15 U.S.C. 41-58) and section 11 of the Clayton Act (15 
U.S.C. 21).
    (b) Exclusive Jurisdiction of FTC.--The Federal Trade Commission is 
empowered exclusively to enforce the household goods regulations for 
motor carriers under section 1056 of title 49 of the Code of Federal 
Regulations and for freight forwarders under section 1085 of such 
title, which regulations shall remain in effect until revised or 
revoked by the Federal Trade Commission under subsection (c) of this 
section.
    (c) FTC Review.--The Federal Trade Commission shall institute a 
proceeding within 120 days of the date of the enactment of this Act to 
review the necessity and effectiveness of sections 1056 and 1085 of 
title 49 of the Code of Federal Regulations. To the extent possible, 
the Federal Trade Commission shall eliminate all or part of such 
regulations except as is necessary to ensure that shippers of household 
goods receive adequate protection in their dealings with carriers. The 
initial proceeding conducted to implement this section shall be 
governed by section 553 of title 5, United States Code, and the Federal 
Trade Commission may dispense with the rulemaking requirements imposed 
under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), 
except that any such rule promulgated shall be subject to the judicial 
review procedures of subsection (e) of such section 18. This proceeding 
shall be completed within 1 year after commencement of the proceeding.
    (d) Other Agencies Reviews.--Not later than 1 year after the 
Federal Trade Commission completes its final action pursuant to 
subsection (c), all departments, agencies, and instrumentalities of the 
United States shall repeal or revise their rules and regulations 
pertaining to the transportation of household goods for the United 
States in order to conform to the action of the Federal Trade 
Commission with respect to household goods.

SEC. 9. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    (a) Transfers.--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, 
authorizations, allocations, 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 head of the agency 
to which such function is transferred for appropriate allocation. Such 
agency head, in the discretion of the agency head, may liquidate or 
otherwise dispose of, for value, any such assets, liabilities, 
contracts, property, or records. Such agency head may also, consistent 
with any applicable laws and regulations relating to transfer of 
functions, terminate or reduce the schedule of any personnel employed 
in connection with functions transferred by this Act. 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 October 1, 1995, and the obligated balance of such 
appropriations shall be transferred to the Secretary of Transportation 
for the purpose of administering the payment of such obligations.
    (b) Authority of OMB.--In the absence of enacted appropriations 30 
days in advance of the transfer date, the Director of the Office of 
Management and Budget is authorized and directed, in consultation with 
the heads of the agencies affected by such transfer, to determine the 
number of personnel to be transferred or terminated.
    (c) Agency Dispute Resolution.--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 and the heads of the agencies to which 
functions are so transferred, 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, authorizations, allocations, 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 agencies to which functions 
are transferred by this Act.
    (d) Date of Transfers.--The Chairman of the Interstate Commerce 
Commission, the Secretary of Transportation, and the Chairman of the 
Federal Trade Commission shall, beginning as soon as practicable after 
the date of the enactment of this Act, effect the transfer of functions 
and personnel pursuant to this Act.
    (e) Interim Use of ICC Personnel.--With the consent of the 
Interstate Commerce Commission, the head of each agency to which 
functions are transferred by this Act is authorized to use the services 
of such officers, employees, and other personnel of the Commission for 
such period of time up to September 30, 1994, as may reasonably be 
needed to facilitate the orderly transfer of such functions.

SEC. 10. SAVINGS PROVISIONS.

    (a) In General.--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 the Interstate Commerce Commission to another agency; 
        and
            (2) which are in effect on October 1, 1994, shall continue 
        in effect according to their terms until modified, terminated, 
        superseded, set aside, or revoked in accordance with law by the 
        head of the agency to which such function is transferred, or 
        other authorized officials, a court of competent jurisdiction, 
        or by operation of law.
    (b) Continuation of Proceedings.--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 subsection 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) Affect on Pending Suits.--Except as provided in subsection 
(e)--
            (1) the transfer of any function under this Act shall not 
        affect any suit relating to such function which is commenced 
        prior to the date the transfer takes effect, and
            (2) in all such suits, proceedings shall be had, appeals 
        taken, and judgments rendered in the same manner and effect as 
        if this Act had not been enacted.
    (d) Nonabatement of Suits.--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) Judicial Administrative Provision.--If, before October 1, 1994, 
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 
head of the Federal agency to which the function is transferred.
    (f) References.--With respect to any function transferred to 
another agency 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 
agency, or other official or component of the agency, in which such 
function vests.
    (g) Authority.--In the exercise of any function transferred under 
this Act, the head of the agency to which such function is transferred 
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 head of such agency in exercising such 
function shall have the same force and effect as when exercised by the 
Interstate Commerce Commission.
    (h) Consideration of Operational Continuity.--In exercising any 
function transferred by this Act, the head of the agency to which such 
function is transferred shall give full consideration to the need for 
operational continuity of the function transferred.

SEC. 11. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``agency'' has the same meaning such term has 
        in section 551(1) of title 5, United States Code; and
            (2) the term ``function'' means a function, power, or duty.

SEC. 12. CONFORMING AMENDMENTS.

    (a) Analyses.--The provisions and chapter analyses of title 49, 
United States Code, shall be amended to conform with the amendments 
made by this Act.
    (b) Clayton Act.--The following provisions of the Clayton Act are 
amended effective October 1, 1994:
            (1) Section 7 (15 U.S.C. 18) by striking ``Interstate 
        Commerce Commission,''.
            (2) Section 11(a) (15 U.S.C. 21(a)) by striking ``in the 
        Interstate Commerce Commission where applicable to common 
        carriers subject to the Interstate Commerce Act, as amended;''.
            (3) Section 16 (15 U.S.C. 26)--
                    (A) by striking ``Act to regulate commerce approved 
                February fourth, eighteen hundred and eighty-seven'' 
                and inserting ``Interstate Commerce Commission Sunset 
                Act''; and
                    (B) by striking ``Interstate Commerce Commission'' 
                and inserting ``Department of Transportation''.

SEC. 13. SEVERABILITY CLAUSE.

    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.

SEC. 14. EFFECTIVE DATE.

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

                                 <all>

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