I

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.

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’’.

6 SEC. 2. PURPOSE.

7 This Act is a part of the continuing effort by Con8 gress to eliminate unnecessary Government programs, de9 partments, and agencies as a means of cutting deficit

10 spending, reducing government waste, and improving the

11 productivity and competitiveness of United States indus12 tries in domestic and world 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) a broad range of United States industries

8 have already saved billions of dollars as a result of

9 recent transportation law reforms such as the elimi10 nation of most of the Interstate Commerce Commis11 sion’s trucking regulations;

12 (3) in recent years the Congress has so dimin13 ished the Interstate Commerce Commission’s regu14 latory responsibilities that its remaining responsibil15 ities should be transferred to the Department of

16 Transportation; and

17 (4) the Interstate Commerce Commission

18 should cease operation at the end of fiscal year

19 1995.

20 SEC. 4. TERMINATION OF AUTHORITY UNDER TITLE 49.

21 (a) CHAPTER 103.—The following provisions of chap22 ter 103 of title 49, United States Code, are repealed effec23 tive October 1, 1994:

24 (1) Section 10301.

25 (2) Section 10302.

26 (3) Section 10303.
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1 (4) Section 10304.

2 (5) Section 10305.

3 (6) Section 10306.

4 (7) Section 10307.

5 (8) Section 10308.

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

7 (10) Section 10311.

8 (11) Section 10322.

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

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

11 10329(c)(3).

12 (14) Section 10330(b).

13 (15) Subchapter III.

14 (16) Section 10361.

15 (17) Section 10363.

16 (18) Section 10364.

17 (19) Subchapter V.

18 (b) CHAPTER 105.—The following provisions of chap19 ter 105 of title 49, United States Code, are repealed effec20 tive October 1, 1994:

21 (1) Section 10502.

22 (2) Section 10504.

23 (3) Sections 10521 through 10530.

24 (4) Subchapter III.

25 (5) Subchapter IV.
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1 (c) CHAPTER 107.—The following provisions of chap2 ter 107 of title 49, United States Code, are repealed effec3 tive October 1, 1994:

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

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

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

7 10704.

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

9 10705a.

10 (5) Section 10706.

11 (6) Section 10708.

12 (7) Section 10722.

13 (8) Section 10725.

14 (9) Section 10733.

15 (10) Section 10735.

16 (11) Section 10749.

17 (12) Subsection (c) of section 10751.

18 (13) Subsection (b) of section 10761.

19 (14) Section 10766.

20 (d) CHAPTER 109.—The following provisions of chap21 ter 109 of title 49, United States Code, are repealed effec22 tive October 1, 1994:

23 (1) Section 10921.

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

25 section 10922.
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1 (3) Section 10923.

2 (4) Section 10924.

3 (5) Section 10925.

4 (6) Section 10926.

5 (7) Section 10927.

6 (8) Section 10928.

7 (9) Section 10929.

8 (10) Section 10930.

9 (11) Section 10931.

10 (12) Section 10932.

11 (13) Section 10933.

12 (14) Section 10934.

13 (e) CHAPTER 111.—The following provisions of chap14 ter 111 of title 49, United States Code, are repealed effec15 tive October 1, 1994:

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

17 (2) Section 11102.

18 (3) Section 11106.

19 (4) Section 11107.

20 (5) Section 11108.

21 (6) Section 11110.

22 (7) Section 11111.

23 (8) Section 11127.

24 (9) Section 11142.
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1 (f) CHAPTER 113.—The following provisions of chap2 ter 113 of title 49, United States Code, are repealed effec3 tive October 1, 1994:

4 (1) Section 11304.

5 (2) Section 11321.

6 (3) Section 11323.

7 (4) Subchapter III, other than section

8 11348(b).

9 (g) CHAPTER 115.—The following provisions of chap10 ter 115 of title 49, United States Code, are repealed effec11 tive October 1, 1994:

12 (1) Section 11503a.

13 (2) Section 11506.

14 (h) CHAPTER 117.—The following provisions of chap15 ter 117 of title 49, United States Code, are repealed effec16 tive October 1, 1994:

17 (1) Section 11704.

18 (2) Section 11708.

19 (3) Section 11711.

20 (i) CHAPTER 119.—The following provisions of chap21 ter 119 of title 49, United States Code, are repealed effec22 tive October 1, 1994:

23 (1) Section 11905.

24 (2) Section 11906.

25 (3) Section 11908.
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1 (4) Subsections (b), (c), and (d) of section

2 11909.

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

4 11910.

5 (6) Section 11912.

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

7 11914.

8 SEC. 5. TRANSFER OF AUTHORITY TO DEPARTMENT OF

9 TRANSPORTATION.

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

11 and vested in the Secretary of Transportation all func12 tions, powers, and duties of the Interstate Commerce

13 Commission under the following sections of chapter 101

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

15 (1) Section 10101 as amended in subsection

16 (a)—

17 (A) by striking ‘‘to provide for the impar18 tial regulation of the modes of transportation

19 subject to this subtitle,’’;

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

21 inserting the following new paragraphs:

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

23 efficient transportation;

24 ‘‘(2) to cooperate with each State and the offi25 cials of each State on transportation matters;’’; and
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1 (C) in paragraph (3)—

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

3 and inserting ‘‘carriers’’;

4 (ii) by striking clause (B);

5 (iii) by redesignating clause (C) as

6 clause (B); and

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

8 Regulatory Reform Act of 1982’’.

9 (2) Section 10101a.

10 (3) Section 10102 as amended—

11 (A) in paragraph (4)—

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

13 pipeline carrier,’’;

14 (ii) by striking ‘‘a sleeping car car15 rier,’’; and

16 (iii) by striking ‘‘household goods’’;

17 (B) by striking paragraph (5);

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

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

20 (D) by striking paragraph (8);

21 (E) in paragraph (9)—

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

23 the general public (other than as an ex24 press, pipeline, rail, sleeping car, motor, or
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1 water carrier) to provide’’ and inserting

2 ‘‘that provides’’;

3 (ii) by inserting ‘‘and’’ after the semi4 colon at the end of subparagraph (A);

5 (iii) by striking ‘‘and’’ after the semi6 colon following subparagraph (B) and in7 serting a period; and

8 (iv) by striking subparagraph (C);

9 (F) in paragraph (11) by striking ‘‘Com10 mission’’ each place it appears and inserting

11 ‘‘Federal Trade Commission’’;

12 (G) by striking paragraph (12);

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

14 following new paragraph:

15 ‘‘(13) ‘interstate transportation’ means trans16 portation—

17 ‘‘(A) between a place in—

18 ‘‘(i) a State and a place in another

19 State;

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

21 same State through another State;

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

23 a territory or possession of the United

24 States to the extent the transportation is

25 in the United States;
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1 ‘‘(iv) the United States and another

2 place in the United States through a for3 eign country to the extent the transpor4 tation is in the United States; or

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

6 a foreign country to the extent the trans7 portation is in the United States; and

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

9 jurisdiction of the United States or on a public

10 highway.’’;

11 (I) by striking paragraph (14) and insert12 ing the following new paragraph:

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

14 other than a motor common carrier, providing motor

15 vehicle transportation for compensation under con16 tinuing agreements with a person or a number of

17 persons.’’;

18 (J) in paragraph (16)(A) by striking ‘‘as

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

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

21 (K) in paragraph (17) by striking ‘‘deter22 mined by the Commission’’ and inserting

23 ‘‘thereof’’;

24 (L) by striking paragraph (19);
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1 (M) in paragraph (21) by striking ‘‘lighter,

2 and ferry’’ and inserting ‘‘and ferry’’;

3 (N) in paragraph (22) by striking

4 ‘‘, fare,’’;

5 (O) by striking paragraph (23);

6 (P) in paragraph (26)—

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

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

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

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

11 to the jurisdiction of the Commission under this

12 subtitle’’; and

13 (R) by redesignating the paragraphs of

14 such section 10102, as so amended, as para15 graphs (1) through (27), respectively.

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

17 and vested in the Secretary of Transportation all func18 tions, powers, and duties of the Interstate Commerce

19 Commission under the following sections of chapter 103

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

21 (1) Section 10309.

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

23 (3) Section 10321 as amended—

24 (A) in subsection (c)(1) by striking ‘‘Com25 mission, an individual Commissioner, an em-
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1 ployee board, an employee delegated to act

2 under section 10305 of this title’’ and inserting

3 ‘‘Secretary’’; and

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

5 (4) Section 10324.

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

7 Commission, or a division, an individual Commis8 sioner, an employee board, an employee delegated to

9 act under section 10305 of this title, or another per10 son authorized to act on behalf of the Commission

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

12 Secretary’’.

13 (6) Section 10327 as amended—

14 (A) by striking all references to divisions

15 and employee boards;

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

17 (C) in subsection (g)—

18 (i) by striking ‘‘(1)’’;

19 (ii) by striking ‘‘or’’ before ‘‘substan20 tially’’; and

21 (iii) by inserting ‘‘, or the action in22 volves a matter of general transportation

23 importance’’ after ‘‘circumstances’’.

24 (7) Section 10328(a).
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1 (8) Subsections (a)(1), (b) (except for the sec2 ond sentence dealing with transportation by motor

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

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

5 and (e) (except as it applies to brokers, freight for6 warders, and water carriers) of section 10329.

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

8 (10) Section 10362 as amended—

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

10 Services Planning Office shall’’ and inserting

11 ‘‘Department of Transportation may’’;

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

13 the Interstate Commerce Commission in study14 ing and evaluating’’ and inserting ‘‘study and

15 evaluate’’;

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

17 the Commission in developing’’ and inserting

18 ‘‘develop’’;

19 (D) by striking subsection (b)(5)(B);

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

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

22 and inserting ‘‘Secretary’’.

23 (c) CHAPTER 105.—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 105

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

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

4 rail carrier and a water carrier, when the transportation

5 is under common control, management, or arrangement

6 for a continuous carriage or shipment, effective October

7 1, 1994:

8 (1) Section 10501.

9 (2) Section 10503.

10 (3) Section 10505.

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

12 and vested in the Secretary of Transportation all func13 tions, powers, and duties of the Interstate Commerce

14 Commission under the following sections of chapter 107

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

16 (1) Section 10701 as amended—

17 (A) in subsection (a)—

18 (i) by striking the first sentence;

19 (ii) by striking ‘‘such a carrier (in20 cluding a rail carrier)’’ and inserting ‘‘a

21 rail carrier’’; and

22 (iii) by striking ‘‘those carriers (in23 cluding rail carriers)’’ and inserting ‘‘rail

24 carriers’’; and

25 (B) in subsection (c)—
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1 (i) by striking ‘‘or III’’; and

2 (ii) by striking ‘‘either of those sub3 chapters’’ and inserting ‘‘that subchapter’’.

4 (2) Section 10701a.

5 (3) Section 10702(a), except for rules and prac6 tices affecting tickets and carrying of baggage.

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

8 carriers and the obligation rail carriers have to es9 tablish through routes with water common carriers.

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

11 10704.

12 (6) Section 10705 as amended—

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

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

15 III’’;

16 (B) in subsection (a)(3) by striking ‘‘pre17 scribe—’’ and all that follows through ‘‘(B) a

18 through’’ and inserting ‘‘prescribe a through’’;

19 (C) by striking subsection (b);

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

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

22 of property’’;

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

24 common carrier’’;
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1 (F) in subsection (f) by striking ‘‘or (b)’’;

2 and

3 (G) by striking subsection (h).

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

5 10705a insofar as they apply to branch line sur6 charges and joint rate cancellations.

7 (8) Section 10707.

8 (9) Section 10707a.

9 (10) Section 10709.

10 (11) Section 10710.

11 (12) Section 10711 as amended by striking

12 ‘‘and (b)’’ and ‘‘10727,’’.

13 (13) Section 10712.

14 (14) Section 10713 as amended—

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

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

17 (B) by striking ‘‘; and’’ at the end of sub18 section (m)(2) and inserting a period; and

19 (C) by striking subsection (m)(3).

20 (15) Section 10721 as amended—

21 (A) by striking subsection (a);

22 (B) in subsection (b)(1)—

23 (i) by striking ‘‘, II or III’’;

24 (ii) by inserting ‘‘any qualified per25 son’’ after ‘‘title 39, and’’;
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1 (iii) by striking ‘‘reduced’’ the last

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

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

4 rates for the transportation of household

5 goods for the United States Government

6 shall not be predatory’’; and

7 (v) by adding at the end of such sub8 section the following new sentence: ‘‘Sec9 tion 3709 of the Revised Statutes of the

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

11 apply to transportation procured pursuant

12 to this section.’’;

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

14 (b)(3); and

15 (D) by striking subsection (c).

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

17 transportation.

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

19 transportation of property.

20 (18) Section 10726 insofar as it applies to rail

21 transportation.

22 (19) Section 10728.

23 (20) Section 10731 as amended—

24 (A) in subsection (b)—
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1 (i) by inserting ‘‘and’’ after the semi2 colon at the end of paragraph (1);

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

4 paragraph (2) and inserting a period; and

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

6 (B) by striking subsection (d);

7 (21) Section 10734.

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

9 carriers.

10 (23) Section 10742 as amended—

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

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

13 (B) by inserting ‘‘rail or water’’ after ‘‘an14 other’’;

15 (24) Section 10743 as it applies to rail trans16 portation.

17 (25) Section 10745.

18 (26) Section 10746.

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

20 transportation.

21 (28) Section 10748.

22 (29) Section 10750.

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

24 insofar as they apply to rail transportation.
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1 (31) Subsections (a) and (c) of section 10761

2 insofar as they apply to rail transportation.

3 (32) Section 10762 as amended—

4 (A) in subsection (a)(1)—

5 (i) by striking ‘‘(except a motor com6 mon carrier)’’;

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

8 carrier’’; and

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

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

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

12 last two sentences;

13 (C) in subsection (b)(1) by striking ‘‘sub14 chapter I, III, or IV of’’;

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

16 after the parenthetical phrase and inserting a

17 semicolon; and

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

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

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

21 (b)(1)(D), respectively;

22 (G) in subsection (c)(1) by striking ‘‘(A)’’,

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

24 subchapter of that chapter proposes to change

25 a rate, classification, rule, or practice,’’;
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1 (H) by striking subsection (c)(2);

2 (I) by striking the second sentence of sub3 section (c)(3);

4 (J) by striking ‘‘In the case of a rail car5 rier, a’’ at the beginning of the third sentence

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

7 (K) by striking the last sentence of sub8 section (c)(3);

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

10 subsection (c)(2);

11 (M) in subsection (d)(1) by striking ‘‘sub12 sections (a) and’’ and inserting ‘‘subsection’’;

13 (N) in subsection (d)(2) by striking ‘‘sub14 chapter I of’’; and

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

16 (33) Section 10763.

17 (34) Section 10764 as amended—

18 (A) by striking the last sentence of sub19 section (a)(1);

20 (B) by striking subsection (b); and

21 (C) by redesignating subsection (c) as sub22 section (b);

23 (35) Section 10765 as amended by striking the

24 parenthetical phrase in subsection (a).

25 (36) Section 10781.
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1 (37) Subchapter V of chapter 107 insofar as it

2 applies to rail transportation.

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

4 and vested in the Secretary of Transportation all func5 tions, powers, and duties of the Interstate Commerce

6 Commission under the following sections of chapter 109

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

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

9 carriers of property, including section 10903 as

10 amended by inserting in the last sentence of sub11 section (b)(2) ‘‘prior to its repeal by the Interstate

12 Commerce Commission Sunset Act’’ after ‘‘title’’.

13 (2) Section 10922(c) as amended—

14 (A) by striking paragraph (1);

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

16 (C) in paragraph (2)(B)—

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

18 person authorizing that’’ and inserting

19 ‘‘authorize a’’;

20 (ii) by striking ‘‘has been granted au21 thority, or will be granted authority, after

22 the effective date of this section to pro23 vide’’ and inserting ‘‘provides’’;

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

25 the certificate’’; and
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1 (iv) by striking ‘‘issuance of the cer2 tificate’’ and inserting ‘‘authorization’’;

3 (D) in paragraph (2)(C)—

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

5 10526(b)(1) of this title,’’;

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

7 ‘‘regular-route’’; and

8 (iii) by striking ‘‘of passengers subject

9 to the jurisdiction of the Commission

10 under subchapter II of chapter 105 of this

11 title’’;

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

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

14 certificate issued’’ and inserting ‘‘authority

15 granted’’;

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

17 and (2)(I);

18 (H) by striking paragraphs (3) through

19 (9); and

20 (I) by striking the subsection heading and

21 inserting ‘‘SPECIAL POWERS RELATING TO

22 MOTOR CARRIERS’’.

23 (3) Section 10935 as amended—

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

25 interstate authority under a certificate issued
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1 under section 10922 of this subchapter, to pro2 vide’’ and inserting ‘‘and providing interstate’’;

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

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

5 if’’ and inserting ‘‘If’’;

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

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

8 the enactment of the Interstate Commerce

9 Commission Sunset Act’’;

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

11 (e)(3);

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

13 subsection (e)(2);

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

15 (e)(2)’’; and

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

17 common carrier of passengers subject to the ju18 risdiction of the Commission under subchapter

19 II of chapter 105 of this title corresponding to

20 an interstate service initiated pursuant to the

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

22 and inserting ‘‘an interstate motor common car23 rier of passengers’’.

24 (f) CHAPTER 111.—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 111

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

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

5 the second sentence.

6 (2) Section 11103.

7 (3) Section 11104.

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

9 carriers.

10 (5) Section 11121 as amended by striking

11 ‘‘11127,’’.

12 (6) Section 11122.

13 (7) Section 11123.

14 (8) Section 11124.

15 (9) Section 11125.

16 (10) Section 11126 as amended by striking

17 ‘‘11127,’’.

18 (11) Section 11128 as amended by striking

19 ‘‘sections 11123(a)(4) and 11127(a)(1)(C)’’ and in20 serting ‘‘section 11123(a)’’.

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

22 carriers.

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

24 carriers.
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1 (14) Section 11144 insofar as it applies to rail

2 carriers.

3 (15) Section 11145 as amended—

4 (A) in subsection (a)—

5 (i) by inserting ‘‘rail’’ before ‘‘car6 riers’’;

7 (ii) by striking ‘‘brokers,’’; and

8 (iii) by striking ‘‘or express’’;

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

10 and the second sentence; and

11 (C) by striking subsection (c).

12 (16) Subchapter IV.

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

14 and vested in the Secretary of Transportation all func15 tions, powers, and duties of the Interstate Commerce

16 Commission under the following sections of chapter 113

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

18 (1) Section 11301 as amended by striking ‘‘or

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

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

21 carriers.

22 (3) Section 11322.

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

24 rail carriers.

25 (5) Subchapter IV.
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1 (h) CHAPTER 115.—There are hereby transferred to

2 and vested in the Secretary of Transportation all func3 tions, powers, and duties of the Interstate Commerce

4 Commission under the following sections of chapter 115

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

6 (1) Section 11501 as amended—

7 (A) by striking subsection (a);

8 (B) in the first sentence of subsection

9 (c)—

10 (i) by inserting ‘‘or passenger trans11 portation’’ after ‘‘title’’;

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

13 passenger transportation, with the stand14 ards applicable to rail transportation of

15 property’’ before the period at the end of

16 the sentence;

17 (C) in subsection (d)(1) by inserting ‘‘or

18 passenger transportation’’ after ‘‘title’’;

19 (D) in subsection (e)(1) by striking ‘‘trans20 portation subject to the jurisdiction of the Com21 mission under subchapter II of chapter 105 of

22 this title’’ and inserting ‘‘interstate transpor23 tation’’;

24 (E) in subsection (e)(5) by striking ‘‘sub25 ject to the jurisdiction of the Commission under
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1 subchapter II of chapter 105 of this title’’ and

2 by striking ‘‘authorized’’;

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

4 (G) by striking subsection (g) and insert5 ing the following new subsection:

6 ‘‘(g) PREEMPTION OF CERTAIN STATE REGULA7 TION.—Notwithstanding any other provision of law, no

8 State or political subdivision thereof and no interstate

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

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

11 other provision having the force and effect of law relating

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

13 motor carrier, motor private carrier, water carrier, freight

14 forwarder, or broker that provides transportation of prop15 erty in interstate commerce.’’.

16 (2) Section 11502 as amended—

17 (A) in subsection (a)—

18 (i) by striking ‘‘(1)’’;

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

20 IV of ’’;

21 (iii) by striking paragraph (2);

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

23 appears and inserting ‘‘(1)’’; and

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

25 appears and inserting ‘‘(2)’’;
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1 (B) in subsection (b) by striking ‘‘sub2 chapter I or IV of ’’; and

3 (C) in subsection (c) by striking ‘‘sub4 chapter I or III of ’’.

5 (3) Section 11503.

6 (4) Section 11504 as amended—

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

8 ‘‘, express, or sleeping car’’;

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

10 by striking paragraph (2); and

11 (C) by striking subsection (c).

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

13 and by striking subsection (b).

14 (6) Section 11507.

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

16 and vested in the Secretary of Transportation all func17 tions, powers, and duties of the Interstate Commerce

18 Commission under the following sections of chapter 117

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

20 (1) Section 11701 as amended—

21 (A) in subsection (a)—

22 (i) by striking ‘‘, broker or freight for23 warder’’;

24 (ii) by striking the last two sentences;

25 and
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1 (B) in subsection (b)—

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

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

4 carrier or a foreign motor private carrier

5 providing transportation under a certificate

6 of registration issued under section 10530

7 of this title, or freight forwarder’’;

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

9 a water carrier, must be made under

10 oath’’; and

11 (iv) by striking the last sentence.

12 (2) Section 11702 as amended—

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

14 10933’’;

15 (B) by striking subsection (a)(2) and in16 serting the following:

17 ‘‘(2) to enforce section 11109 of this title and

18 to compel compliance with the order of the Secretary

19 under that section; and’’;

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

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

22 and (a)(6) as subsections (a)(4) and (a)(5), re23 spectively;

24 (E) by striking subsection (b); and
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1 (F) by striking ‘‘(a)’’ the first place it ap2 pears.

3 (3) Section 11703.

4 (4) Section 11705 as amended—

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

6 each place it appears;

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

8 freight forwarder’’;

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

10 freight forwarder’’ and by striking ‘‘or the ap11 plicable freight forwarder rate, as the case may

12 be’’;

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

14 (E) by striking the last sentence of sub15 section (c)(1); and

16 (F) in subsection (d)(1)—

17 (i) by striking ‘‘if a rail carrier,’’;

18 (ii) by striking ‘‘, or (D) if a water

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

20 operated by that carrier is located’’; and

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

22 (5) Section 11706 as amended—

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

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

25 forwarder’’;
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1 (B) in subsection (b) by striking ‘‘sub2 chapter I or III of’’;

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

4 by striking paragraph (2); and

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

6 and inserting ‘‘(c)’’.

7 (6) Section 11707 as amended—

8 (A) in subsection (a)(1)—

9 (i) by striking ‘‘(1)’’;

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

11 place it appears;

12 (iii) by striking ‘‘and a freight for13 warder’’ in the first sentence;

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

15 in the second and fourth sentences; and

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

17 a freight forwarder,’’ in the third sentence;

18 (B) by striking subsection (a)(2); and

19 (C) in subsection (c) by striking para20 graphs (2) and (3) and by redesignating para21 graph (4) as paragraph (2).

22 (7) Section 11709.

23 (8) Section 11710.

24 (j) CHAPTER 119.—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 119

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

4 (1) Section 11901 as amended—

5 (A) by striking subsections (g) through

6 (k); and

7 (B) by redesignating subsection (l) as sub8 section (g) and in such subsection by striking

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

10 (2) Section 11902.

11 (3) Section 11903.

12 (4) Section 11904 as amended by striking sub13 sections (b), (c), and (d).

14 (5) Section 11907.

15 (6) Section 11909(a).

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

17 to rail carriers), (c), and (d) of section 11910.

18 (8) Section 11911.

19 (9) Section 11913.

20 (10) Section 11913a.

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

22 (12) Section 11915.

23 (13) Section 11916.
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1 SEC. 6. MISCELLANEOUS AMENDMENTS.

2 (a) RATES AND LIABILITY BASED ON VALUE.—Sec3 tion 10730 of title 49, United States Code, is amended—

4 (1) by striking subsections (a) and (b) and in5 serting the following:

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

7 this subsection, a motor common carrier may agree with

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

9 is limited to a value established by written declaration of

10 the shipper or by written agreement between the carrier

11 and shipper if that value would be reasonable under the

12 circumstances surrounding the transportation.

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

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

15 shall provide a contract of carriage for such service which

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

17 (2) by redesignating subsection (c) as sub18 section (b) and in such subsection by striking ‘‘pro19 viding transportation or service subject to the juris20 diction of the Commission under subchapter I of

21 chapter 105 of the title’’.

22 (b) BACKHAUL ALLOWANCES.—Section 10732 of

23 such title is amended—

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

25 it appears;

26 (2) by striking subsection (b);
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1 (3) by striking ‘‘(a)’’; and

2 (4) by striking the section heading and insert3 ing ‘‘BACKHAUL ALLOWANCES’’.

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

5 10744 of such title is amended—

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

7 water common’’;

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

9 striking ‘‘or express’’; and

10 (3) by striking subsection (c)(2) and by redesig11 nating subsection (c)(3) as subsection (c)(2).

12 (d) UNFAIR TRADE PRACTICES OF CONTIGUOUS

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

14 is amended to read as follows:

15 ‘‘(l) UNFAIR TRADE PRACTICES OF CONTIGUOUS

16 FOREIGN GOVERNMENTS.—

17 ‘‘(1) CONSULTATIONS.—Whenever the Presi18 dent of the United States determines that the gov19 ernment of any foreign country contiguous to the

20 United States or the government of any political

21 subdivision or any instrumentality of such country,

22 has engaged in unfair, discriminatory, or restrictive

23 practices that have a substantial adverse competitive

24 impact upon a United States transportation com25 pany providing, or seeking to provide motor carrier
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1 transportation of property or passengers to, from, or

2 within such foreign country, the President shall seek

3 elimination of such practices through consultations.

4 ‘‘(2) LIMITATION ON CERTAIN FOREIGN OPER5 ATIONS IN UNITED STATES.—Notwithstanding any

6 other provision of law, when consultations fail to re7 sult in the elimination of the unfair, discriminatory,

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

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

10 limit operations in the United States by motor car11 riers of property or passengers domiciled in such for12 eign country or owned or controlled by persons of

13 such foreign country, if the President determines

14 such action to be in the national interest. The Presi15 dent shall publish notice of such determination, in16 cluding the reasons for the determination and the

17 action being proposed, in the Federal Register. Un18 less the President determines that expeditious action

19 is required, the President shall provide an oppor20 tunity for presentation of views concerning the tak21 ing of such action.

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

23 President may also remove or modify any action

24 taken under paragraph (2) if the President deter-
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1 mines that such removal or modification is likewise

2 in the national interest.

3 ‘‘(4) DELEGATION OF AUTHORITY; REGULA4 TIONS.—The President may delegate any or all au5 thority under this subsection to the Secretary of

6 Transportation who shall consult with other agencies

7 as appropriate. Any suspension, modification,

8 amendment, condition, or limitation imposed under

9 paragraph (2), and documentary requirements that

10 may be necessary to institute and enforce such ac11 tions, shall be accomplished in accordance with di12 rections of the President under regulations issued by

13 the Secretary of Transportation, in consultation with

14 other agencies as appropriate. Such regulations and

15 orders shall be enforced by the Department of

16 Transportation, the Department of the Treasury,

17 and the Department of Justice.

18 ‘‘(5) COMPLIANCE WITH OTHER APPLICABLE

19 LAWS.—This section shall in no way affect the re20 quirement for all foreign motor carriers operating in

21 the United States to comply fully with all applicable

22 laws and regulations pertaining to safety fitness,

23 safety of operation, financial responsibility, and

24 taxes imposed by section 4481 of the Internal Reve25 nue Code of 1986.’’.
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1 (e) LOADING AND UNLOADING OF MOTOR VEHI2 CLES.—Section 11109 of such title is amended by striking

3 ‘‘(whether or not such transportation is subject to the ju4 risdiction of the Commission under subchapter II of chap5 ter 105 of this title)’’ each place it appears.

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

7 is amended—

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

9 which is subject to the jurisdiction of the Commis10 sion under subchapter II of chapter 105 of this

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

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

13 HOUSEHOLD GOODS TRANSPORTATION’’.

14 (g) FEDERAL MARITIME COMMISSION JURISDIC15 TION.—Nothing in this Act, the Shipping Act, 1916, or

16 the Intercoastal Shipping Act, 1933 shall be construed to

17 confer upon the Federal Maritime Commission jurisdiction

18 over any carrier providing water transportation between

19 the contiguous United States and Hawaii, Alaska, or a

20 United States territory or possession as part of a joint

21 through transportation arrangement with a carrier provid22 ing interstate transportation within the continental United

23 States.
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1 SEC. 7. AMENDMENTS TO GENERAL DUTIES AND POWERS.

2 (a) INFORMATION AND INTERVENTION IN ICC PRO3 CEEDINGS.—Section 307 of title 49, United States Code,

4 is repealed.

5 (b) RESPONSIBILITY FOR CERTAIN RAIL

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

7 (1) by striking subsection (d)(1)(C) and redes8 ignating subparagraphs (D) and (E) of subsection

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

10 and

11 (2) by striking subsection (e).

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

13 5 of such title is amended by adding the following new

14 section:

15 ‘‘§ 508. Report to Congress

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

17 Commerce Commission Sunset Act, the Secretary of

18 Transportation shall submit a status report and evalua19 tion, including recommendations, to Congress concerning

20 implementation of the National Governors’ Association

21 Consensus Agenda on standards for uniform State regula22 tion of interstate motor carriers.’’.

23 (d) MOTOR CARRIER SAFETY DEFINITIONS.—Sec24 tion 3101(3) of such title is amended—

25 (1) by inserting ‘‘interstate’’ before ‘‘transpor26 tation’’ the first place it appears; and
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1 (2) by striking ‘‘referred to in section 10521(a)

2 of this title’’.

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

4 is amended to read as follows:

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

6 section 10102;’’.

7 (f) RESEARCH, INVESTIGATION, AND TESTING.—Sec8 tion 3103(a) of such title is amended by striking ‘‘a motor

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

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

11 motor carrier or motor private carrier’’.

12 (g) IDENTIFICATION OF MOTOR VEHICLES.—Section

13 3104(a) of such title is amended—

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

15 (1);

16 (2) by striking the period at the end of para17 graph (2) and inserting ‘‘; and’’; and

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

19 paragraph:

20 ‘‘(3) require each of those carriers and inter21 state motor carriers to display on the vehicle such

22 identification as the Secretary may require.’’.

23 SEC. 8. FEDERAL TRADE COMMISSION.

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

25 carriers (except those regulated by the Federal Maritime
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1 Commission), freight forwarders, and railroad passenger

2 carriers shall be subject to the jurisdiction of the Federal

3 Trade Commission under the Federal Trade Commission

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

5 (15 U.S.C. 21).

6 (b) EXCLUSIVE JURISDICTION OF FTC.—The Fed7 eral Trade Commission is empowered exclusively to en8 force the household goods regulations for motor carriers

9 under section 1056 of title 49 of the Code of Federal Reg10 ulations and for freight forwarders under section 1085 of

11 such title, which regulations shall remain in effect until

12 revised or revoked by the Federal Trade Commission

13 under subsection (c) of this section.

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

15 shall institute a proceeding within 120 days of the date

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

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

18 Code of Federal Regulations. To the extent possible, the

19 Federal Trade Commission shall eliminate all or part of

20 such regulations except as is necessary to ensure that

21 shippers of household goods receive adequate protection

22 in their dealings with carriers. The initial proceeding con23 ducted to implement this section shall be governed by sec24 tion 553 of title 5, United States Code, and the Federal

25 Trade Commission may dispense with the rulemaking re-
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1 quirements imposed under section 18 of the Federal Trade

2 Commission Act (15 U.S.C. 57a), except that any such

3 rule promulgated shall be subject to the judicial review

4 procedures of subsection (e) of such section 18. This pro5 ceeding shall be completed within 1 year after commence6 ment of the proceeding.

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

8 year after the Federal Trade Commission completes its

9 final action pursuant to subsection (c), all departments,

10 agencies, and instrumentalities of the United States shall

11 repeal or revise their rules and regulations pertaining to

12 the transportation of household goods for the United

13 States in order to conform to the action of the Federal

14 Trade Commission with respect to household goods.

15 SEC. 9. TRANSFER AND ALLOCATIONS OF APPROPRIA16 TIONS AND PERSONNEL.

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

18 members of the Senior Executive Service and excluding

19 all political appointees) employed in connection with, and

20 the assets, liabilities, contracts, property, records, and un21 expended balances of appropriations, authorizations, allo22 cations, and other funds employed, held, used, arising

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

24 with, any function transferred by this Act, subject to sec25 tion 1531 of title 31, United States Code, shall be trans-
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1 ferred to the head of the agency to which such function

2 is transferred for appropriate allocation. Such agency

3 head, in the discretion of the agency head, may liquidate

4 or otherwise dispose of, for value, any such assets, liabil5 ities, contracts, property, or records. Such agency head

6 may also, consistent with any applicable laws and regula7 tions relating to transfer of functions, terminate or reduce

8 the schedule of any personnel employed in connection with

9 functions transferred by this Act. Unexpended funds

10 transferred pursuant to this subsection shall only be used

11 for the purpose and period of time for which the funds

12 were originally authorized and appropriated. The unobli13 gated balance of appropriations available in connection

14 with any function abolished by this Act shall lapse on Oc15 tober 1, 1995, and the obligated balance of such appro16 priations shall be transferred to the Secretary of Trans17 portation for the purpose of administering the payment

18 of such obligations.

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

20 appropriations 30 days in advance of the transfer date,

21 the Director of the Office of Management and Budget is

22 authorized and directed, in consultation with the heads of

23 the agencies affected by such transfer, to determine the

24 number of personnel to be transferred or terminated.
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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

24 enacted.
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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’’; and

14 (B) by striking ‘‘Interstate Commerce

15 Commission’’ and inserting ‘‘Department of

16 Transportation’’.

17 SEC. 13. SEVERABILITY CLAUSE.

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

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

20 the remainder of this Act and the application of such pro21 vision to any other person or circumstance shall not be

22 affected by such invalidation.

23 SEC. 14. EFFECTIVE DATE.

24 This Act shall be effective on the date of its enact25 ment, except as specifically provided otherwise.
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