I
104TH CONGRESS
1ST SESSION
H. R. 1436
To amend subtitle IV of title 49, United States Code, to eliminate unnecessary
regulation of transportation industries, to streamline regulation of rail
carriers, to sunset the Interstate Commerce Commission, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 6, 1995
Mr. LIPINSKI (for himself and Mr. MINETA) (both by request) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
To amend subtitle IV of title 49, United States Code, to
eliminate unnecessary regulation of transportation indus-
tries, to streamline regulation of rail carriers, to sunset
the Interstate Commerce Commission, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That this Act may be cited as the ‘‘Interstate Commerce
Commission Sunset Act of 1995’’.
PURPOSE OF THE ACT
SEC. 2. This Act is a part of the continuing effort
by Congress to eliminate unnecessary and burdensome
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government regulation of our Nation’s transportation in-
dustries and to streamline the remaining regulation in
order to improve the productivity and competitiveness of
United States industries in domestic and world markets.
FINDINGS
SEC. 3. FINDINGS.—The Congress finds that—
(a) a safe, sound, competitive, and efficient
transportation system is vital to the maintenance of
a strong national economy, an improved balance of
payments, and a strong national defense;
(b) protective regulation is outdated, unneces-
sary and has resulted in operating and pricing ineffi-
ciencies, has tended to suppress technological and
managerial innovation, and has tended to restrict
the range of price and service options available to
shippers and passengers;
(c) available evidence suggests that many bil-
lions of dollars in savings to consumers and a broad
range of United States industries have already ac-
crued from recent transportation reforms, and that
removal of the remaining regulations and adoption
of additional transportation productivity measures
will result in additional consumer benefits and sav-
ings that will enable United States companies to be-
come more productive and competitive in domestic
and world markets;
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(d) the Interstate Commerce Commission’s reg-
ulatory responsibilities over the transportation of
property by railroads should be reduced and trans-
ferred to the Departments of Transportation and
Labor;
(e) antitrust immunity for regulated carriers
should be eliminated and such carriers should be
subject to the normal antitrust laws applicable to
most industries;
(f) the Interstate Commerce Commission should
cease operation as of September 30, 1996; and
(g) legislative and resulting changes should be
implemented with the least amount of disruption
consistent with achieving the reforms enacted.
TERMINATION OF AUTHORITY
SEC. 4. (a) Section 307 of title 49, United States
Code, is repealed.
(b) The following provisions of chapter 103 of title
49, United States Code, are repealed effective September
30, 1996:
(1) Section 10301.
(2) Section 10302.
(3) Section 10304.
(4) Section 10305.
(5) Section 10306.
(6) Section 10307.
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(7) Section 10308.
(8) Section 10309.
(9) Section 10310(b).
(10) Section 10311.
(11) Section 10322.
(12) Section 10326.
(13) Subsection (b) of section 10328.
(14) Subsections 10329(a)(2), 10329(c) (2) and
(3), and 10329(e).
(15) Subsection 10330.
(16) Subchapter III—Joint Boards.
(17) Section 10361.
(18) Section 10362.
(19) Section 10363.
(20) Section 10364.
(21) Subchapter V—Office of Rail Public Coun-
sel.
(c) The following provisions of chapter 105 of title
49, United States Code, are repealed effective September
30, 1996, except for section 10530:
(1) Section 10502.
(2) Section 10503.
(3) Section 10504.
(4) Sections 10521 through 10531.
(5) Subchapter III.
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(6) Subchapter IV.
(d) The following provisions of chapter 107 of title
49, United States Code, are repealed effective September
30, 1996:
(1) Subsections (c), (d), and (e) of section
10701.
(2) Subsection (c) of section 10701a.
(3) Section 10702.
(4) Section 10703.
(5) Section 10705a.
(6) Section 10706.
(7) Section 10707.
(8) Section 10708.
(9) Section 10710.
(10) Section 10711.
(11) Section 10712.
(12) Section 10722.
(13) Section 10723.
(14) Section 10724.
(15) Section 10725.
(16) Section 10726.
(17) Section 10728.
(18) Section 10730.
(19) Section 10731.
(20) Section 10733.
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(21) Section 10734.
(22) Section 10735.
(23) Section 10741.
(24) Section 10742.
(25) Section 10743.
(26) Section 10744.
(27) Section 10745.
(28) Section 10746.
(29) Section 10747.
(30) Section 10748.
(31) Section 10749.
(32) Section 10751.
(33) Section 10761.
(34) Subsections (a)(1), (a)(2), (b), (c), (d), (e),
(f), (g), and (j) of section 10762.
(35) Subsections (b) and (c) of section 10763.
(36) Section 10764.
(37) Section 10765.
(38) Section 10766.
(39) Section 10767.
(40) Subchapter V of chapter 107.
(e) The following provisions of chapter 109 of title
49, United States Code, are repealed effective September
30, 1996:
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(1) Subsections (a), (b), and (c) of section
10901.
(2) Section 10902.
(3) Section 10904.
(4) Subsection (a) of section 10907.
(5) Section 10908.
(6) Section 10909.
(7) Subchapter II of chapter 109.
(f) The following provisions of chapter 111 of title
49, United States Code, are repealed effective September
30, 1996:
(1) Subsections (b) and (c) of section 11101.
(2) Section 11102.
(3) Section 11105.
(4) Section 11106.
(5) Section 11108.
(6) Section 11110.
(7) Section 11111.
(8) Section 11121.
(9) Section 11124.
(10) Section 11126.
(11) Section 11127.
(12) Section 11142.
(13) Section 11161.
(14) Section 11162.
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(15) Section 11163.
(16) Section 11164.
(17) Section 11167.
(18) Section 11168.
(g) The following provisions of chapter 113 of title
49, United States Code, are repealed effective September
30, 1996:
(1) Section 11301.
(2) Section 11304.
(3) Section 11321.
(4) Section 11322.
(5) Section 11323.
(6) Section 11341.
(7) Section 11342.
(8) Section 11343.
(9) Section 11344.
(10) Section 11345.
(11) Section 11345a.
(12) Section 11346.
(13) Section 11348.
(14) Section 11349.
(15) Section 11350.
(16) Section 11351.
(17) Section 11361.
(18) Section 11362.
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(19) Section 11363.
(20) Section 11364.
(21) Section 11365.
(22) Section 11366.
(23) Section 11367.
(h) The following provisions of chapter 115 of title
49, United States Code, are repealed effective September
30, 1996:
(1) Section 11502.
(2) Section 11505.
(3) Section 11506.
(4) Section 11507.
(i) The following provisions of chapter 117 of title
49, United States Code, are repealed effective September
30, 1996:
(1) Section 11702.
(2) Section 11704.
(3) Section 11708.
(4) Section 11709.
(5) Section 11711.
(6) Section 11712.
(j) The following provisions of chapter 119 of title
49, United States Code, are repealed effective September
30, 1996:
(1) Section 11901 (c) and (g) through (l).
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(2) Section 11902.
(3) Section 11903.
(4) Section 11904.
(5) Section 11905.
(6) Section 11906.
(7) Section 11907.
(8) Section 11908.
(9) Subsections (b), (c), and (d) of section
11909.
(10) Section 11911.
(11) Section 11912.
(12) Section 11913a.
(13) Subsections (b), (c), and (d) of section
11914.
(14) Section 11916.
(15) Section 11917.
TRANSFER OF AUTHORITY TO DEPARTMENT OF
TRANSPORTATION
SEC. 5. (a) For purposes of the authorities trans-
ferred by this section, unless otherwise specified, the fol-
lowing provisions are amended in general by striking ref-
erence to the ‘‘Interstate Commerce Commission’’ or
‘‘Commission’’ wherever those terms appear and inserting
‘‘Secretary’’ in lieu thereof where appropriate.
(b) There are hereby transferred to and vested in the
Secretary of Transportation all functions, powers and du-
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ties of the Interstate Commerce Commission under the fol-
lowing sections of chapter 101 of title 49, United States
Code, effective September 30, 1996:
(1) Section 10101 is amended in subsection (a)
as follows:
(A) By striking ‘‘to provide for the impar-
tial regulation of the modes of transportation
subject to this subtitle, and—’’.
(B) By amending subparagraphs (1) and
(2) to read as follows:
‘‘(1) to promote safe, adequate, economical, and
efficient transportation; and
‘‘(2) to cooperate with each State and the offi-
cials of each State on transportation matters.’’.
(C) By striking subparagraph (3).
(2) Section 10101a, is amended by striking
paragraphs (11) and (13).
(3) Section 10102, is amended as follows:
(A) In subparagraph (4)—
(i) by striking ‘‘an express carrier, a
pipeline carrier,’’;
(ii) by striking ‘‘a sleeping car car-
rier,’’; and
(iii) by striking ‘‘household goods’’.
(B) By striking subparagraph (5).
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(C) In subparagraph (6), by striking
‘‘and’’ and inserting a comma in lieu thereof
and by inserting ‘‘and a freight forwarder’’ at
the end of subparagraph.
(D) By striking subparagraph (8).
(E) In subparagraph (9)—
(i) by striking ‘‘holding itself out to
the general public (other than as an ex-
press, pipeline, rail, sleeping car, motor, or
water carrier) to provide’’ and inserting
‘‘that provides’’ in lieu thereof;
(ii) by inserting ‘‘and’’ after the semi-
colon following subparagraph (A);
(iii) by striking ‘‘and’’ after the semi-
colon following subparagraph (B) and in-
serting a period in lieu thereof; and
(iv) in subparagraph (C) by inserting
before the word ‘‘carrier’’ the following:
‘‘motor, water or rail’’ and by striking
‘‘subject to the jurisdiction of the Inter-
state Commerce Commission under sub-
chapter I, II, or III of chapter 105 of this
title’’.
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(F) In subparagraph (11) by striking ‘‘as
the Commission may provide by regulation’’
each time it appears.
(G) By striking subparagraph (12).
(H) In subparagraph (13)(B) by striking
‘‘approved under section 10706(b)’’.
(I) By inserting after the definition of ‘‘in-
dividually determined rate, classification, rule,
or practice’’ a new subparagraph as follows:
‘‘(11) ‘interstate transportation’ means trans-
portation—
‘‘(A) between a place in—
‘‘(i) a State and a place in another
State;
‘‘(ii) a State and another place in the
same State through another State;
‘‘(iii) the United States and a place in
a territory or possession of the United
States to the extent the transportation is
in the United States or on the high seas;
‘‘(iv) the United States and another
place in the United States through a for-
eign country to the extent the transpor-
tation is in the United States; or
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‘‘(v) the United States and a place in
a foreign country to the extent the trans-
portation is in the United States; and
‘‘(B) in a reservation under the exclusive
jurisdiction of the United States or on a public
highway.’’.
(J) In subparagraph (15) by inserting ‘‘ex-
cept that after the date of enactment of this
Act, it shall mean a motor carrier’’ at the end
of the sentence.
(K) Subparagraph (16) is amended to read
as follows:
‘‘(16) ‘motor contract carrier’ means a person,
other than a motor common carrier, providing motor
vehicle transportation for compensation under con-
tinuing agreements with a person or a number of
persons, except that after the date of enactment of
this Act, it shall mean a motor carrier.’’.
(L) In subparagraph (17)(A) by striking
‘‘as provided in section 10521 (a) (1) and (2)
of this title’’ and inserting ‘‘interstate transpor-
tation’’ in lieu thereof.
(M) In subparagraph (18) by striking ‘‘de-
termined by the Commission’’ and inserting
‘‘thereof’’ in lieu thereof.
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(N) By striking subparagraph (21).
(O) In subparagraph (23) by striking
‘‘lighter, and ferry’’ and inserting ‘‘and ferry’’
in lieu thereof.
(P) In subparagraph (24) by striking ‘‘,
fare,’’.
(Q) By striking subparagraph (25).
(R) In subparagraph (28)—
(i) in subparagraph (A) by striking
‘‘of passengers or’’ and by striking ‘‘, or
both, ’’, and
(ii) in subparagraph (B) by striking
‘‘passengers and’’.
(S) In subparagraph (33) by striking ‘‘sub-
ject to the jurisdiction of the Commission under
this subtitle’’; and
(T) By redesignating the subparagraphs of
section 10102, as amended, as subparagraphs
(1) through (29), respectively.
(4) Section 10103.
(c) There are hereby transferred to and vested in the
Secretary of Transportation all functions, powers and du-
ties of the Interstate Commerce Commission under the fol-
lowing sections of chapter 103 of title 49, United States
Code, effective September 30, 1996:
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(1) Section 10303, as amended by striking sub-
paragraph (a) and the designator ‘‘(b)’’.
(2) Subsection (a) of section 10310.
(3) Section 10321, is amended as follows:
(A) By striking ‘‘, and brokers for,’’ in
subsection (b)(1).
(B) By striking ‘‘or brokers’’ and ‘‘or
broker’’ in subsection (b)(2).
(C) By striking ‘‘, brokers,’’ in subsection
(b)(3).
(D) By repealing subsection (b)(4).
(E) In subsection (c)(1) by striking ‘‘The
Commission, an individual Commissioner, an
employee board, an employee delegated to act
under section 10305 of this title’’ and inserting
‘‘the Secretary,’’ in lieu thereof and in the sec-
ond sentence by striking ‘‘the Commission’’
where it first appears and inserting in lieu
thereof ‘‘the Attorney General, on behalf of the
Secretary,’’.
(F) By striking subparagraph (c)(2).
(4) Section 10324.
(5) Section 10327, is amended to read as
follows:
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‘‘§ 10327. Rules of procedure
‘‘(a) The Secretary shall promulgate rules establish-
ing simplified procedures for the disposition of proceedings
under this subtitle. Such rules shall provide for adequate
notice and an opportunity for any interested person to file
appropriate written evidence and argument but need not
provide for oral evidentiary hearings.
‘‘(b) The Secretary may use such simplified proce-
dures in any case if the Secretary determines that the use
of such simplified procedures is in the public interest. The
rules adopted by the Secretary pursuant to this section
shall, to the extent the Secretary finds it practicable, set
forth the standards the Secretary intends to apply in de-
termining whether to employ such simplified procedures,
and in deciding cases in which such procedures are
employed.’’
(6) Section 10328(a).
(7) Section 10329 as follows:
(A) Subparagraph (a)(1).
(B) Subparagraph (b), except for the sec-
ond sentence dealing with transportation by
motor carrier or broker.
(C) Subparagraph (c)(1), insofar as it ap-
plies to rail carriers.
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(D) Subparagraph (d), insofar as it applies
to rail carriers and amended by striking ‘‘in
fact who filed the tariff’’.
(d) There are hereby transferred to and vested in the
Secretary of Transportation all functions, powers, and du-
ties of the Interstate Commerce Commission under the fol-
lowing sections of chapter 105 of title 49, United States
Code, insofar as they apply to transportation of freight
solely by a rail carrier or by rail and water carrier, effec-
tive September 30, 1996:
(1) Section 10501 is amended by adding ‘‘of
property’’ after ‘‘transportation’’ in the first sen-
tence.
(2) Section 10505, is amended by:
(A) Striking ‘‘and motor carrier’’ in the
title.
(B) Striking the phrase ‘‘or a motor car-
rier providing transportation of property other
than household goods, or in noncontiguous do-
mestic trade,’’ in subsections (a) and (f).
(C) Striking subsection (b).
(D) Amending subsection (g) to read as
follows.
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‘‘(g) The Secretary may not exercise this authority
to relieve a carrier of its obligation to protect the interests
of employees as required by this subtitle.’’.
(E) Redesignating subsections (c), (d), (e),
and (f) as (b), (c), (d), and (e), respectively.
(e) There are hereby transferred to and vested in the
Secretary of Transportation all functions, powers and du-
ties of the Interstate Commerce Commission under the fol-
lowing sections of chapter 107 of title 49, United States
Code, effective September 30, 1996:
(1) Section 10701, is amended as follows:
(A) By amending subsection (a) to read as
follows:
‘‘(a) A classification, rule or practice related to trans-
portation or service provided by a rail carrier subject to
the jurisdiction of the Secretary of Transportation under
chapter 105 of this title must be reasonable when the Sec-
retary determines under section 10709 of this title that
the rail carrier has market dominance over the transpor-
tation.’’.
(B) In subsection (f) by—
(i) striking in subparagraph (1),
‘‘under subchapter II of chapter 105 of
this title’’ wherever it occurs;
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(ii) striking in subparagraph (B)(i),
‘‘Commission’’ and inserting ‘‘Commission
at the time that the claim arose’’ in lieu
thereof;
(iii) striking subparagraph (7);
(iv) striking in subparagraph (8), ‘‘(1)
through (7)’’ and inserting ‘‘(1) through
(6) each time it appears; and
(v) in subparagraph (9), striking ‘‘as
defined in section 10733’’ and inserting in
lieu thereof ‘‘meaning waste products for
recycling or reuse in the furtherance of
recognized pollution control programs.’’
(2) Section 2(e) of Public Law 103–180 (the
Negotiated Rates Act of 1993), codified at 49
U.S.C. 10701 note, is amended by—
(A) striking ‘‘under subchapter II of chap-
ter 105 of such title’’; and
(B) striking ‘‘provided before September
30, 1990,’’.
(3) Subsections (a) and (b) of section 10701a.
(4) Section 10704 is amended by—
(A) amending subsection (a) to read as
follows:
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‘‘If the Secretary determines, under section 10709 of
this title, on the Secretary’s own initiative or on complaint,
that a rail carrier subject to the jurisdiction of the Sec-
retary under subchapter I of chapter 105 has market
dominance over the transportation to which a particular
rate of that carrier applies and that such rate does or will
violate this subtitle, the Secretary may prescribe the rate,
classification, rule, or practice to be followed. The Sec-
retary may order the carrier to stop the violation. When
a rate, classification, rule, or practice is prescribed under
this section, the affected rail carrier may not charge or
collect a different rate and shall adopt the classification
and observe the rule or practice prescribed by the
Secretary.’’.
(B) by redesignating (a)(2) as subsection
(b); and
(C) by striking the remainder of the sec-
tion.
(5) Section 10705 is amended to read as
follows:
‘‘If the Secretary determines, under subchapter I of
chapter 105 has market dominance under section 10709
of this title, on the Secretary’s own initiative or on com-
plaint, that a rail carrier subject to the jurisdiction of the
Secretary over the transportation to which a particular
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through route, joint classification, joint rate, or division
of a joint rate of that carrier applies and that such
through route, joint classification, joint rate, or division
of a joint rate does or will violate this subtitle, the Sec-
retary may prescribe the through route, joint classifica-
tion, joint rate, or division of a joint rate to be followed.
The Secretary may order the carrier to stop the violation.
A through route, joint classification, joint rate, or division
of a joint rate prescribed under this subsection shall be
followed by the affected rail carrier, who may not imple-
ment a different through route, joint classification, joint
rate, or division of a joint rate.’’.
(6) Section 10707a is amended as follows:
(A) In subparagraph (b) by striking ‘‘plus
any rate increases implemented under sub-
sections (c) or (d) of this section’’, and by strik-
ing subparagraph (3).
(B) By striking subsection (c), (d), and
(e).
(C) By redesignating subsections (f), (g),
and (h) as subsections (c), (d), and (e), respec-
tively.
(7) Section 10709, is amended as follows:
(A) In subsection (b) by—
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(i) striking ‘‘within 90 days after the
start of a proceeding under section 10707
of this title to investigate the lawfulness of
that rate,’’ and inserting ‘‘upon complaint’’
in lieu thereof;
(ii) striking ‘‘proposing’’ and inserting
‘‘charging’’ in lieu thereof; and
(iii) striking the second sentence.
(B) In subsection (c) by—
(i) striking the word ‘‘proposed’’; and
(ii) striking the last two sentences;
(C) In subsection (d) by—
(i) striking subparagraph (1)(B)(i);
(ii) in subparagraph (2), inserting
after ‘‘less than’’ the term ‘‘180 percent.’’
and striking the remainder of the subpara-
graph. The repeal of the 10709(d)(2) (A)
through (E) does not alter standards for
cases pending on the date of enactment of
the Interstate Commerce Commission Sun-
set Act of 1995.;
(iii) in subparagraph (3), by striking
‘‘pursuant to section 10705a(m)(1) of this
title, with adjustments specified’’ and
striking the last sentence; and
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(iv) by striking subparagraph (5).
(8) Section 10713, is amended to read as
follows:
‘‘§ 10713. Contracts
‘‘(a) One or more rail carriers providing transpor-
tation subject to the jurisdiction of the Secretary under
subchapter 1 of chapter 105 of this title may enter into
a contract with one or more purchasers of rail services
to provide specific services under specified rates and condi-
tions.
‘‘(b) A contract specifically referencing provisions of
this section shall not be subject to this subtitle, and may
not be subsequently challenged before the Secretary or in
any court on the grounds that such contract violates a
provision of this subtitle.
‘‘(c) The exclusive remedy for any alleged breach of
a contract entered into under this section shall be an ac-
tion in an appropriate State court or United States dis-
trict court, unless the parties otherwise agree.’’.
(9) Section 10721 is amended to read as fol-
lows:
‘‘§ 10721. Government traffic
‘‘A carrier providing transportation or service for the
United States Government may transport property or indi-
viduals for the United States Government without charge
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or at a rate reduced from the applicable commercial rate.
Section 3709 of the Revised Statutes (41 U.S.C. 5) does
not apply when transportation for the United States Gov-
ernment can be obtained from a carrier lawfully operating
in the area where the transportation would be provided.’’.
(10) Section 10750.
(11) Subsections (a)(3)–(a)(5), and subsections
(h) and (i) of section 10762, as amended by striking
the last sentence in each.
(12) Section 10763, as amended by striking
‘‘(a)(1)’’ and inserting ‘‘(a)’’ in lieu thereof and by
striking ‘‘(a)(2)’’ and inserting ‘‘(b)’’ in lieu thereof.
(f) There are hereby transferred to and vested in the
Secretary of Transportation all functions, powers, and du-
ties of the Interstate Commerce Commission under the fol-
lowing sections of chapter 109 of title 49, United States
Code, effective September 30, 1996:
(1) Section 10901 is amended as follows:
(A) By amending the title of the section to
read ‘‘Rail Line Crossings for New
Lines’’.
(B) In subsection (d) by—
(i) striking ‘‘Where a rail carrier has
been issued a certificate of public conven-
ience and necessity by the Commission au-
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that would be directly affected by the proposed
abandonment or discontinuance;
‘‘(2) post a copy of the notice in each terminal
and station on each portion of a railroad line pro-
posed to be abandoned or over which rail transpor-
tation is to be discontinued;
‘‘(3) publish a copy of the notice for three con-
secutive weeks in a newspaper of general circulation
in each county in which each such portion is located;
and
‘‘(4) mail a copy of the notice, to the extent
practicable, to all shippers that have made signifi-
cant us of the railroad line during the 12 months
preceding the filing of the application.
‘‘(d) A rail carrier may file a notice of intent with
the Secretary only after complying with subsection (c)
above. Such notice shall include an affidavit certifying the
rail carrier performed all the actions required by sub-
section (c) above within the 30 days immediately preceding
the filing of the notice.
‘‘(e) Any time after the issuance of the notice of in-
tent and before the abandonment or discontinuance of the
line, a person may submit a notice of intent to make an
offer to pay the carrier a subsidy or offer to purchase the
line to assure the continued operation of the line. If a no-
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tice of intent to make an offer is received by the owner
of the railroad line, the line may not be abandoned pend-
ing the full consideration of the offer in accordance with
the provisions of section 10905.’’.
(3) Section 10905, is amended by—
(A) in subsection (b) by striking ‘‘an appli-
cation for a certificate of abandonment or dis-
continuance’’ and inserting ‘‘a notice of intent
to abandon or discontinue a rail line with the
Secretary’’ in lieu thereof.
(B) in subsection (c) by—
(i) striking the first two sentences and
inserting ‘‘At any time prior to abandon-
ment, a person may submit to the carrier
a notice of intent to make an offer to sub-
sidize or purchase the line under section
10903.’’ in lieu thereof; and
(ii) adding ‘‘The owner of the railroad
line shall give full consideration to the
offer.’’ at the end of subsection (c).
(C) redesignating subsection (d) as new
subsection (e) and amending it by—
(i) striking ‘‘If, within 15 days after
the publication required in subsection (c)
of this section, the Commission finds
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that—’’ and inserting ‘‘If a request is
made to the Secretary to establish an ap-
propriate subsidy or purchase price and
the Secretary finds that—’’ in lieu thereof;
and
(ii) striking ‘‘the Commission shall
postpone the issuance of a certificate au-
thorizing abandonment or discontinuance
in accordance with subsections (e) and (f)
of this section.’’ and inserting ‘‘the Sec-
retary shall, within 30 days, establish an
appropriate subsidy or purchase price as
provided in subsection (f) of this section.’’
in lieu thereof;
(D) redesignating subsection (e) as new
subsection (d) and amending it to read as
follows:
‘‘(d)(1) If the carrier and the person offering a sub-
sidy or offering to purchase the line enter into an agree-
ment, the line shall not be abandoned but shall be con-
trolled by the terms of the agreement. If the parties fail
to reach agreement, either party may request the Sec-
retary to establish an appropriate subsidy or purchase
price under the provisions of subsection (f) of this section.
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‘‘(2) At any time after the receipt of a notice of intent
to make an offer to subsidize or purchase the line (but
not more than once each 30 days), the owning carrier may
ask the Secretary to determine whether the offer is a bona
fide offer.
‘‘(3) Pursuant to a request for determination under
paragraph (2) of this subsection, the Secretary may, after
consideration of all relevant fact—
‘‘(A) find that the offeror is exerting its best ef-
fort to bring the negotiation to fruition and require
that negotiations continue, or
‘‘(B) find that the offeror has not made a bona
fide effort to pursue the negotiations toward comple-
tion and set a date upon which the abandonment
shall become effective.’’.
(E) in subsection (f)(1) by striking ‘‘When-
ever the Commission is requested to establish
the conditions and amount of compensation
under this section—’’ and inserting ‘‘Whenever
the Secretary is required to establish an appro-
priate subsidy or purchase price as provided in
subsection (e) of this section—’’ in lieu thereof;
(F) in subsection (f)(2) by striking ‘‘the
Commission shall immediately issue a certificate
authorizing the abandonment or discontinuance,
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unless other offers are being considered pursu-
ant to paragraph (3) of this subsection’’ and in-
serting ‘‘the line may be abandoned or discon-
tinued in accordance with the provisions of sec-
tion 10903, as if no offer had been received.’’.
(4) Section 10906.
(5) Subsection (b) of section 10907, as amend-
ed by striking the paragraph designator ‘‘(b)’’.
(6) Section 10910, is amended by—
(A) amending subsection (b)(1) to read as
follows:
‘‘(1) When the Secretary finds that the public
convenience and necessity require the sale of a par-
ticular railroad line under this section and an offer
to purchase such line has been made by a financially
responsible person, the Secretary shall require the
rail carrier owning the railroad line to sell such line
to such financially responsible person at a price of
not less than the constitutional minimum value.’’.
(B) striking ‘‘, after a hearing on the
record,’’ in subsection (c)(1);
(C) amending subsection (c)(2) to read as
follows:
‘‘(2) In a proceeding under this section, the
burden of proving that the public convenience and
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necessity require the sale of a particular railroad line
is on the person offering to acquire the line.’’; and
(D) striking subsections (e), (f), (g), (i),
and (k) and redesignating subsections (h) and
(j) as new subsections (e) and (f), respectively.
(g) There are hereby transferred to and vested in the
Secretary of Transportation all functions, powers and du-
ties of the Interstate Commerce Commission under the fol-
lowing sections of chapter 111 of title 49, United States
Code, effective September 30, 1996:
(1) Section 11101, is amended by—
(A) amending subsection (a) to read:
‘‘A common carrier providing transportation or serv-
ice subject to the jurisdiction of the Secretary under chap-
ter 105 of this title shall provide the transportation or
service to a shipper or to a connecting rail carrier on rea-
sonable request. A rail carrier shall not be found to have
violated this section because it fulfills its commitments
under transportation contracts before responding to rea-
sonable requests for service from shipper.’’; and
(B) in subsection (d), by striking ‘‘under
subchapter II of chapter 105 of this title’’.
(2) Section 11103 is amended by—
(A) in subsection (a) by striking ‘‘The
Interstate Commerce Commission may’’ and in-
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serting ‘‘If the Secretary determines, under sec-
tion 10709 of this title, that a rail carrier has
market dominance over the transportation of
certain freight, the Secretary may, with respect
to that freight,’’ in lieu thereof and by striking
‘‘a rail carrier’’ and inserting ‘‘that rail carrier’’
in lieu thereof;
(B) in subsection (c)(1) by striking ‘‘The
Commission’’ and inserting ‘‘If the Secretary
determines, under section 10709 of this title,
that a rail carrier has market dominance over
the transportation of certain freight, then with
respect to that freight, the Secretary ’’; and
(C) in subsection (c)(2) by striking ‘‘Com-
mission’’ and inserting ‘‘Secretary of Labor’’.
(3) Section 11104.
(4) Section 11107, is amended to read as fol-
lows:
‘‘The Secretary may prescribe regulations concerning
arrangements between a motor carrier providing transpor-
tation of property and any other person under which such
other person is to provide any portion of such transpor-
tation by a motor vehicle not owned by the carrier.’’.
(5) Section 11122, is amended by adding the
following new subsection:
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‘‘(c) The Secretary may prescribe and maintain such
rules and regulations with respect to car hire as the Sec-
retary deems necessary.’’;
(6) Section 11123.
(7) Section 11125.
(8) Section 11128, is amended by striking ‘‘sec-
tions 11123(a)(4) and 11127(a)(1)(C)’’ and insert-
ing ‘‘section 11123(a)’’ in lieu thereof.
(9) Section 11141, insofar as it applies to rail
carriers.
(10) Section 11143, insofar as it applies to rail
carriers.
(11) Section 11144, insofar as it applies to rail
carriers.
(12) Section 11145, is amended as follows:
(A) In subsection (a) by inserting ‘‘rail’’
before the word ‘‘carriers’’ and by striking
‘‘brokers,’’ and ‘‘or express’’.
(B) By amending subsection (b) to read as
follows:
‘‘(b) The Secretary may require motor carriers, motor
private carriers, freight forwarders, brokers, lessors, and
associations, or classes of them as the Secretary may pre-
scribe, to respond to surveys concerning their operations.’’.
(C) By striking (c).
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(13) Section 11165.
(14) Section 11166.
(15) Subchapter IV.
(h) There are hereby transferred to and vested in the
Secretary of Transportation all functions, powers and du-
ties of the Interstate Commerce Commission under the fol-
lowing section of chapter 113 of title 49, United States
Code, effective September 30, 1996:
(1) Section 11303, is amended by adding a new
subsection as follows:
‘‘(c) The Secretary may establish a fee system for
using the lien recordation system. Fees collected under
this subsection in a fiscal year shall equal as nearly as
possible the costs of operating the recordation system in
that fiscal year. Such fees may be credited to the Depart-
ment of Transportation appropriation account charged in
proportion to the amount expended from the account for
these purposes, and shall be available for expenditure until
expended.’’.
(i) There are hereby transferred to and vested in the
Secretary of Transportation all functions, powers, and du-
ties of the Interstate Commerce Commission under the fol-
lowing sections of chapter 115 of title 49, United States
Code, effective September 30, 1996:
(1) Section 11501, is amended as follows:
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(A) By striking subsections (a), (b), (c),
(d), and (f).
(B) By inserting a new subsection (a) to
read as follows:
‘‘(a) Notwithstanding any other provision of law, no
State or political subdivision thereof and no interstate
agency or other political agency of two or more States
shall enact or enforce any law, rule, regulation, standard,
or other provision having the force and effect of law relat-
ing to interstate or intrastate market entry, exit, rates,
or services of a rail carrier that provides transportation
of property in interstate commerce subject to the jurisdic-
tion of the Secretary under subchapter I of chapter 105
of this title.’’.
(C) In the first sentence of subsection (e)
by—
(i) inserting after ‘‘relating to’’ the
words ‘‘rates, routes, services or’’;
(ii) inserting ‘an interstate’’ before
‘‘motor common carrier of passengers’’;
(iii) striking ‘‘subject to the jurisdic-
tion of the Commission under subchapter
II of chapter 105 of this title’’;
(iv) striking the word ‘‘authorized’’;
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(v) striking ‘‘reduction in the rates for
such transportation’’ and inserting ‘‘aban-
donment of service’’ in lieu thereof; and
(vi) redesignating subsection (e) as
subsection (b).
(D) In subsection (g) by—
(i) in subparagraph (1) by striking
‘‘(1) GENERAL
RULE.—Subject to para-
graph (2) of this subsection, no’’ and in-
serting ‘‘No’’ in lieu thereof and by strik-
ing ‘‘interstate’’ the last three times it ap-
pears;
(ii) striking subsection (2); and
(iii) redesignating subsection (g) as
subsection (c).
(E) By striking subsection (h) and amend-
ing section 41713(b) of title 49, United States
Code by adding the text of subsection (h) as
new subparagraph 41713(b)(5).
(2) Section 11503.
(3) Section 11503a.
(4) Section 11504, is amended as follows:
(A) In subsection (a) by striking ‘‘subject
to the jurisdiction of the Commission under
subchapter I of chapter 105 of this title’’.
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(B) In subparagraph (b)(1) by striking
‘‘subject to the jurisdiction of the Commission
under subchapter II of chapter 105 of this
title’’.
(C) In subparagraph (c)(2) by striking
‘‘water carrier providing transportation subject
to the jurisdiction of the Commission under
subchapter III of chapter 105 of this title
or a’’.
(j) There are hereby transferred to and vested in the
Secretary of Transportation all functions, powers and du-
ties of the Interstate Commerce Commission under the fol-
lowing sections of chapter 117 of title 49, United States
Code, effective September 30, 1996:
(1) Section 11701, is amended to read as
follows:
‘‘The Secretary may begin an investigation under this
subtitle on his or her own initiative or on complaint of
any person, including a governmental authority, of a viola-
tion of this subtitle by a rail carrier or a motor carrier,
including a foreign motor carrier. The Secretary may dis-
miss a complaint he or she determines does not state rea-
sonable grounds for investigation or action. If the Sec-
retary finds a violation of this subtitle, the Secretary shall
take appropriate action to compel compliance with this
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subtitle. An investigation undertaken by the Secretary
shall be concluded within 180 days after the date on which
it was begun.’’.
(2) Section 11702, is amended to read as
follows:
‘‘The Attorney General, on behalf of the Secretary
may bring a civil action to enforce an order or regulation
of the Secretary issued under authority of this subtitle.’’.
(3) Section 11703, is amended in subparagraph
(a) by striking ‘‘or permit’’ both times it appears.
(4) Section 11705, is amended as follows:
(A) By striking ‘‘subchapter I or III of’’
wherever it appears.
(B) In subsection (a) by—
(i) striking ‘‘or a freight forwarder’’;
(ii) inserting ‘‘(1)’’ after the word
‘‘obey’’; and
(iii) inserting after ‘‘money,’’ the
phrase ‘‘(2) a regulation of the Secretary
prescribed under section 11107 of this
title.’’.
(C) In subsection (b)—
(i) by striking subparagraphs (1) and
(3) and redesignating subparagraph (2) as
subparagraph (1); and
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(ii) by inserting a new subparagraph
(2) as follows:
‘‘(2) A motor carrier of property is liable for
treble damages sustained by a person as a result of
a violation of a regulation prescribed by the Sec-
retary under section 11107 of this title.’’.
(D) In subsection (c)(1) by striking
‘‘11701(b)’’ and inserting ‘‘11701’’ in lieu
thereof and by striking the last sentence.
(E) In subparagraph (d)(1)—
(i) by striking ‘‘if a rail carrier,’’;
(ii) by striking ‘‘, or (D) if a water
carrier, in which a port of call on a route
operated by that carrier is located’’; and
(iii) by inserting ‘‘or’’ before the des-
ignator (c).
(5) Section 11706, is amended as follows:
(A) In subsection (a) by striking ‘‘or a
freight forwarder’’, ‘‘or freight forwarder’’ and
‘‘or freight forwarder (other than a household
goods freight forwarder)’’.
(B) In subsection (b) by striking ‘‘sub-
chapter I or III of’’.
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(C) By striking subparagraph (c)(2) and
redesignating subparagraph (c)(1) as subsection
(c).
(D) In subsection (d) by striking ‘‘(c)(1)’’
and inserting ‘‘(c)’’ in lieu thereof.
(6) Section 11710.
(7) Section 11712, is amended in subsection (a)
by striking ‘‘subject to the jurisdiction of the Com-
mission under subchapter II of chapter 105 of this
title (other than motor carriers providing transpor-
tation of household goods)’’.
(k) There are hereby transferred to and vested in the
Secretary of Transportation all functions, powers and du-
ties of the Interstate Commerce Commission under the fol-
lowing sections of chapter 119 of title 49, United States
Code, effective September 30, 1996:
(1) Section 11901, as amended as follows:
(A) In subsection (b) by striking ‘‘10761,
10762, 10764, 10765, or’’.
(B) In subsection (d) by—
(i) striking ‘‘sections 10901–10907’’
and inserting ‘‘sections 10901, 10903,
10905, and 10907’’ in lieu thereof; and
(ii) redesignating subsection (d) as
subsection ‘‘(c)’’.
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(C) By striking ‘‘11124’’ and ‘‘11127’’
from subsection (e)(1) and redesignating it as
subsection ‘‘(d)’’.
(D) In subsection (f) by—
(i) in subparagraphs (2) and (3),
striking $100 in both places and inserting
‘‘$500’’ in lieu thereof;
(ii) redesignating subparagraph (4) as
(5) and inserting a new subparagraph (4)
as follows:
‘‘(4) A motor carrier, motor private carrier,
broker, lessor, or association of such entities re-
quired to respond to a survey under section
11145(b) of this title that does not respond, is liable
to the United States Government for a civil penalty
of $500 for each violation.’’.
(iii) redesignating subsection (f) as
subsection ‘‘(e)’’.
(E) In subsection (m), by—
(i) striking ‘‘(a)–(f)’’ and inserting
‘‘(a)–(e)’’ in lieu thereof;
(ii) by striking subparagraph (2); and
(iii) 
by 
redesignating 
subsection
(m)(1) as subsection (f).
(2) Section 11902a.
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(3) Section 11909(a), as amended by striking
‘‘(a)’’.
(4) Section 11910 is amended—
(i) in subsection (a)(2), by striking
‘‘providing transportation subject to the ju-
risdiction of the Commission under sub-
chapter II of chapter 105 of this title’’;
(ii) in subsection (a)(3), by striking
‘‘providing transportation subject to the ju-
risdiction of the Commission under sub-
chapter III of chapter 105 of this title’’;
and
(iii) in subsection (a)(4), by striking
‘‘providing transportation subject to the ju-
risdiction of the Commission under sub-
chapter IV of chapter 105 of this title’’
and by striking ‘‘household goods’’ each
time it appears.
(5) Section 11913.
(6) Subsection (a) of section 11914, is amended
by striking the last two sentences.
(7) Section 11915.
MISCELLANEOUS AMENDMENTS
SEC. 6. (a) LOSS AND DAMAGE LIABILITY OF CAR-
RIERS.—Section 11707 of title 49, United States Code is
amended to read as follows—
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‘‘§ 11707. Liability of carriers and freight forwarders
under receipts and bills of lading
‘‘(a)(1) A motor or rail carrier providing transpor-
tation service and a freight forwarder shall issue a receipt
or bill of lading for property it receives for transportation.
The carrier or freight forwarder that delivers the property
is liable to the person entitled to recover under the receipt
or bill of lading. The liability imposed under this section,
subject to subsection (e) below, is for the actual loss, dam-
age or delay to the property caused by—
‘‘(1) the receiving carrier,
‘‘(2) the delivering carrier, or
‘‘(3) another carrier over whose line or route
the property is transported in the United States or
from a place in the United States to a place in an
adjacent foreign country when transported under a
through bill of lading and, except in the case of a
freight forwarder, applies to re-consigned or diverted
property.
Failure to issue a receipt or bill of lading does not affect
the liability of a carrier or freight forwarder. A delivering
carrier is deemed to be the carrier performing the line-
haul transportation nearest the destination but does not
include a carrier providing only a switching service at the
destination.
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‘‘(2) A freight forwarder is both the receiving and de-
livering carrier. When a freight forwarder provides service
and uses a motor carrier providing transportation, the
motor carrier may execute the bill of lading or shipping
receipt for the freight forwarder with its consent. With
the consent of the freight forwarder, a motor carrier may
deliver property for a freight forwarder on the freight for-
warder’s bill of lading, freight bill, or shipping receipt to
the consignee named in it, and receipt for the property
may be made on the freight forwarder’s delivery receipt.
‘‘(b) The carrier issuing the receipt or bill of lading
under subsection (a) of this section or delivering the prop-
erty for which the receipt or bill of lading was issued is
entitled to recover from the carrier over whose line or
route the loss, damage or delay occurred the amount re-
quired to be paid to the owners of the property, as evi-
denced by a receipt, judgment, or transcript, and the
amount of its expenses reasonably incurred in defending
a civil action brought by that person.
‘‘(c)(1) A civil action under this section may be
brought against a delivering carrier (other than a rail car-
rier) in a district court of the United States or in a State
court. Trial, if the action is brought in a district court
of the United States is in a judicial district, and if in a
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State court, is in a State through which the defendant
carrier operates a railroad or route.
‘‘(2)(A) A civil action under this section may only be
brought—
‘‘(i) against the originating rail carrier, in the
judicial district in which the point of origin is
located;
‘‘(ii) against the delivering rail carrier, in the
judicial district in which the principal place of busi-
ness or the person bringing the action is located if
the delivering carrier operates a railroad or a route
through such judicial district, or in the judicial dis-
trict in which the point of destination is located; and
‘‘(iii) against the carrier alleged to have caused
the loss or damage, in the judicial district in which
such loss or damage is alleged to have occurred.
‘‘(B) In this section, ‘judicial district’ means—
(i) in the case of a United States district court,
a judicial district of the United States, and
(ii) in the case of a State court, the applicable
geographic area over which such court exercises ju-
risdiction.
‘‘(d) A carrier or freight forwarder may not provide
by rule, contract, or otherwise, a period of less than 2
years for bringing a civil action against it under this sec-
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tion. The period for bringing a civil action is computed
from the date the carrier or freight forwarder gives a per-
son written notice that the carrier or freight forwarder has
disallowed any part of the claim specified in the notice.
For the purposes of this subsection—
‘‘(1) an offer of compromise shall not constitute
a disallowance of any part of the claim unless the
carrier or freight forwarder, in writing, informs the
claimant that such part of the claim is disallowed
and provides reasons for such disallowance; and
‘‘(2) communication received from a carrier’s or
freight forwarder’s insurer shall not constitute a dis-
allowance of any part of the claim unless the in-
surer, in writing informs the claimant that such part
of the claim is disallowed, provides reason for such
disallowance and informs the claimant that the in-
surer is acting on behalf of the carrier or freight for-
warder.
‘‘(e) A carrier or freight forwarder may not limit or
be exempt from liability imposed by subsection (a) of this
section except as provided in this subsection:
‘‘(1) When a motor or rail carrier or freight
forwarder is liable for loss resulting from loss, dam-
age or delay the motor or rail carrier’s or freight
forwarder’s liability shall be the full value of the
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goods lost, damaged or delayed. By written agree-
ment between the motor or rail carrier or freight
forwarder and the shipper different limits of liability
may be fixed in the receipt or the bill of lading.
‘‘(2) If loss, damage or delay to property occurs
while it is in the custody of a water carrier, the li-
ability of that carrier is determined by its bill of lad-
ing and the law applicable to water transportation.
The liability of the initial or delivering carrier is the
same as the liability of the water carrier.
‘‘(3) A common carrier of passengers may limit
its liability for loss, damage or delay to baggage car-
ried on passenger trains, boats, or motor vehicles in
accordance with subsection (e)(1) of this section.
‘‘(f) The documents referred to in this section may
be issued in any form which preserves a record of the in-
formation contained therein. When the carrier and the
shipper have agreed to communicate electronically, the
documents referred to in this section may be replaced by
an equivalent electronic data interchange message.’’.
(b) BACKHAUL ALLOWANCES.—Section 10732 of
title 49, United States Code, is amended—
(1) by striking ‘‘food and grocery’’ both times
it appears;
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(2) by striking subparagraph (b) and the sub-
paragraph designator ‘‘(a)’’; and
(3) by amending the title to read ‘‘Backhaul
Allowances’’.
(c) FOREIGN MOTOR CARRIERS.—Subchapter 311 of
title 49, United States Code is amended by adding a new
section as follows:
‘‘§ 31181. Restrictions on motor carriers domiciled in
or owned or controlled by nationals of a
contiguous foreign country
‘‘(a) If the President of the United States, or his or
her delegate, determines that an act, policy or practice of
a foreign country contiguous to the United States, or any
political subdivision or any instrumentality of any such
country is unreasonable or discriminatory and burdens or
restricts United States transportation companies provid-
ing, or seeking to provide, motor carrier transportation of
property or passengers to, from or within such foreign
country, the President, or his or her delegate, may—
‘‘(1) seek elimination of such practices through
consultations; or
‘‘(2) notwithstanding any other provision of
law, suspend, modify, amend, condition, or restrict
operations, including geographical restriction of op-
erations, in the United States by motor carriers of
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property or passengers domiciled in such foreign
country or owned or controlled by persons of such
foreign country.
‘‘(b) Any action taken under paragraph (a)(2) to
eliminate an act, policy or practice shall be so devised so
as to equal to the extent possible the burdens or restric-
tions imposed by such foreign country on United States
transportation companies.
‘‘(c) The President, or his or her delegate, may re-
move or modify in whole or in part any action taken under
paragraph (a)(2) if the President, or his delegate, deter-
mines that such removal or modification is consistent with
the obligations of the United States under a trade agree-
ment or with United States transportation policy.
‘‘(d) Unless and until the President or his or her dele-
gate makes a determination under paragraphs (a) or (c)
above, nothing in this subsection shall affect—
‘‘(1) operations of motor carriers of property or
passengers domiciled in any contiguous foreign coun-
try or owned or controlled by persons of any contig-
uous foreign country permitted in the commercial
zones along the United States-Mexico border as de-
fined at the time of enactment of the Interstate
Commerce Commission Sunset Act of 1995; or
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‘‘(2) any existing restrictions on operations of
motor carriers of property or passengers domiciled
in any contiguous foreign country or owned or con-
trolled by persons of any contiguous foreign country
or any modifications thereof pursuant to section 6 of
the Bus Regulatory Reform Act of 1982.
‘‘(e) Unless the President, or his or her delegate, de-
termines that expeditious action is required, he shall pub-
lish in the Federal Register any determination under para-
graphs (a) or (c) together with a description of the facts
on which such a determination is based and any proposed
action to be taken pursuant to paragraphs (a)(2) or (c)
and provide an opportunity for public comments.
‘‘(f) The President may delegate any or all authority
under this subsection to the Secretary of Transportation
who shall consult with other agencies as appropriate. In
accordance with the directions of the President, the Sec-
retary of Transportation may issue regulations to enforce
this subsection.
‘‘(g) The Attorney General, on behalf of the Secretary
of Transportation, may bring a civil action in an appro-
priate district court of the United States to enforce this
subsection or a regulation prescribed or order issued under
this subsection. The court may award appropriate relief,
including injunctive relief.
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‘‘(h) This subsection shall not affect the requirement
for all foreign motor carriers operating in the United
States to fully comply with all applicable laws and regula-
tions pertaining to safety fitness; safety of operations; fi-
nancial responsibility; and taxes imposed by section 4481
of Internal Revenue Code of 1994.’’.
(d) LUMPING PRACTICES.—Section 11109 of title 49,
United States Code is amended by striking the parenthet-
ical phrase both times it appears.
(e) LABOR PROTECTION.—Section 11347 is amend-
ed, effective September 30, 1996, by—
(1) striking ‘‘Interstate Commerce Commis-
sion’’ and ‘‘Commission’’ wherever those terms ap-
pear and inserting ‘‘Secretary of Labor’’ in lieu
thereof;
(2) striking ‘‘When a rail carrier is involved in
a transaction for which approval is sought under
sections 11344 and 11345 or section 11346 of this
title, the Interstate Commerce Commission shall re-
quire the carrier’’ and inserting ‘‘The Secretary of
Labor shall require a rail carrier undertaking a
transaction (and may require any other person un-
less exempted under section 10505 of this title) in-
volving a purchase, lease, or transfer of a rail line,
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(i) Subsection (b)(1) of section 24306 of title 49,
United States Code, is amended by inserting a period after
‘‘route’’ and striking the remainder of the paragraph.
(j) Section 24308 of title 49, United States Code, is
amended by striking ‘‘Interstate Commerce Commission’’
and ‘‘Commission’’ wherever they appear and inserting
‘‘Secretary’’ in lieu thereof.
(k) Section 24311 of title 49, United States Code,
is amended by striking ‘‘Interstate Commerce Commis-
sion’’ and ‘‘Commission’’ wherever they appear and insert-
ing ‘‘Secretary’’ in lieu thereof.
(l) Section 24505 of title 49, United States Code, is
amended by striking ‘‘Interstate Commerce Commission’’
and ‘‘Commission’’ wherever they appear and inserting
‘‘Secretary’’ in lieu thereof.
(m) Subsection (j) of section 24902 of title 49, Unit-
ed States Code, is amended by striking the subparagraph
designator ‘‘(1)’’ in the first subparagraph and by striking
subparagraphs (2) and (3).
(n) Section 24904 of title 49, United States Code,
is amended by striking ‘‘Interstate Commerce Commis-
sion’’ and ‘‘Commission’’ wherever they appear and insert-
ing ‘‘Secretary’’ in lieu thereof.
(o) Section 451 of title 2, United States Code, is
amended by striking ‘‘Interstate Commerce Commission’’.
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(p) Section 1291(a) of title 7, United States Code,
is amended by striking ‘‘Interstate Commerce Commis-
sion’’ and ‘‘Commission’’ wherever they appear and insert-
ing ‘‘Secretary’’ in lieu thereof.
(q) Section 2145(a) of title 7, United States Code,
is amended by striking ‘‘Interstate Commerce Commis-
sion, the’’.
(r) Title 11 of the United States Code is amended
by—
(1) in section 1164 by striking ‘‘Commission,
the.’’
(2) in section 1170 by—
(A) amending subsection (b) to read as
follows:
‘‘(b) The court may authorize the abandonment
under subsection (a) provided that the trustee files a no-
tice of intent to abandon or discontinue service, as re-
quired by section 10903 of title 49, United States Code.
(B) striking subparagraph (c); and
(C) striking ‘‘the Commission,’’ in sub-
section (d)(2)
(3) in section 1172 by striking ‘‘Commission’’
wherever it appears and inserting ‘‘Secretary of
Transportation’’ in lieu thereof.
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(s) Title 15 of the United States Code is amended
by—
(1) in section 1681s by striking ‘‘Interstate
Commerce Commission’’ and inserting ‘‘Secretary of
Transportation’’ in lieu thereof;
(2) in section 1691c by striking ‘‘Interstate
Commerce Commission’’ and inserting ‘‘Secretary of
Transportation’’ in lieu thereof; and
(3) in section 1692l by striking ‘‘Interstate
Commerce Commission’’ and inserting ‘‘Secretary of
Transportation’’ in lieu thereof.
(t) Title 16 of the United States Code is amended
by—
(1) in section 1247 by—
(A) striking ‘‘, the Chairman of the Inter-
state Commerce Commission,’’ and
(B) striking ‘‘Commission’’ and inserting
‘‘Secretary of Transportation’’ in lieu thereof;
and
(2) in section 1248 by striking ‘‘, the Interstate
Commerce Commission,’’.
(u) Title 26 of the United States Code is amended
by—
(1) in section 3231(a) by—
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(A) striking ‘‘Interstate Commerce Com-
mission’’ and inserting ‘‘Secretary of Transpor-
tation’’ in lieu thereof; and
(B) striking ‘‘upon request of the Sec-
retary, or’’
(2) in section 7701(a)(33) by—
(A) striking ‘‘Interstate Commerce Com-
mission’’ and inserting ‘‘Secretary of Transpor-
tation’’ in lieu thereof; and
(B) striking ‘‘of the Interstate Commerce
Commission under subchapter III of chapter
105 of title 49, or subject to the jurisdiction’’
in subparagraph (F).
(v) Title 28 of the United States Code is amended
by—
(1) in section 1336 by striking ‘‘Interstate
Commerce Commission’’ and inserting ‘‘Secretary of
Transportation’’ in lieu thereof;
(2) in section 2321 (a) and (b) by striking
‘‘Interstate Commerce Commission’’ and inserting
‘‘Secretary of Transportation’’ in lieu thereof;
(3) in section 2323 by striking ‘‘Interstate
Commerce Commission’’ and inserting ‘‘Secretary of
Transportation, subject to the Attorney General’s
consent,’’ in lieu thereof, and by inserting ‘‘private’’
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between ‘‘such’’ and ‘‘party’’ in the final sentence
thereof;
(4) in section 2341(3)(A) by striking ‘‘Inter-
state Commerce Commission’’; and
(5) in section 2342(5) by striking ‘‘Interstate
Commerce Commission’’ and ‘‘Commission’’ and in-
serting ‘‘Secretary of Transportation’’ in lieu there-
of.
(w) Section 3726(b) of title 31, United States Code,
is amended by striking paragraphs (1) and (2) and insert-
ing after ‘‘under’’ the following: ‘‘a commercial rate or a
rate established pursuant to section 10721 of title 49 or
an equivalent arrangement or an exemption.’’.
(x) Section 5005(b)(3) of title 39, United States
Code, is amended by striking ‘‘either the Interstate Com-
merce Commission or’’.
(y) Sections 13369 and 6362 of title 42, United
States Code, are amended by striking ‘‘Interstate Com-
merce Commission’’ and inserting ‘‘Secretary of Transpor-
tation’’ in lieu thereof.
(z) Title 45 of the United States Code is amended
by—
(1) in section 151, striking ‘‘Interstate Com-
merce Commission’’ and inserting ‘‘Secretary of
Transportation’’ in lieu thereof;
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(2) in section 231(a)(2)(ii)—
(A) striking ‘‘Interstate Commerce Com-
mission’’ and inserting ‘‘Secretary of Transpor-
tation’’ in lieu thereof; and
(B) striking ‘‘after hearing’’.
(3) in section 351(a) by—
(A) striking ‘‘Interstate Commerce Com-
mission’’ and inserting ‘‘Secretary of Transpor-
tation’’ in lieu thereof; and
(B) striking ‘‘after hearing’’.
(4) in section 352(h)(3) by striking ‘‘Interstate
Commerce Commission’’ and inserting ‘‘Secretary of
Transportation’’ in lieu thereof;
(5) in section 661 by striking subsection (2)
and redesignating subsections (3) and (4) as sub-
sections ‘‘(2)’’ and ‘‘(3)’’ respectively;
(6) in section 662(a) by striking ‘‘after con-
sultation with the Commission’’;
(7) in section 662(b) by—
(A) striking ‘‘after consultation with the
Commission’’; and
(B) striking ‘‘and the operation over the
lines shall be subject to the approval of the
Commission pursuant to the provisions of sub-
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chapter III of chapter 113 of title 49,’’ and ‘‘or
the Commission’’;
(8) in section 665(a) by striking ‘‘, and shall
consult with the Interstate Commerce Commission in
carrying out the provisions of this chapter’’;
(9) by amending section 744(d) by—
(A) in paragraph (1) striking ‘‘only if the
Commission determines, on petition by any af-
fected party, that the agreement would substan-
tially impair such railroad’s ability to serve ade-
quately its own patrons or to meet its outstand-
ing common carrier obligations’’;
(B) in paragraph (1)(A) striking ‘‘, unless
the Commission determines that such rail serv-
ice continuation could be performed more effi-
ciently and economically by another railroad’’;
and
(C) in paragraph (1)(B) striking ‘‘or if the
Commission makes a determination in accord-
ance with subparagraph (A) of this paragraph’’;
(10) by amending section 744(g) to read as
follows:
‘‘(g) ABANDONMENT BY CORPORATION.—The Cor-
poration may abandon any rail properties in accordance
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with the provisions of section 10903 of title 49, United
States Code.’’; and
(11) by amending section 1207 by striking
‘‘Interstate Commerce Commission’’ wherever it ap-
pears and inserting ‘‘Secretary of Transportation’’
in lieu thereof.
(aa) Section 333 of title 49, United States Code, is
amended by—
(1) striking subparagraph (d)(1)(C) and redes-
ignating subparagraphs (D) and (E) as ‘‘(C)’’ and
‘‘(D)’’, respectively; and
(2) by striking subsection (e).
(bb) Section 131 of title 13, United States Code, is
amended by inserting the words ‘‘in cooperation with the
Department of Transportation and’’ after the open paren-
thesis and before the word ‘‘exclusive’’.
(cc) Section 5314 of title 5, United States Code, is
amended by striking ‘‘Chairman, Interstate Commerce
Commission’’ from the listing of positions at Level III of
the Executive Schedule.
(dd) Section 5315 of title 5, United States Code, is
amended by inserting ‘‘Members, Interstate Commerce
Commission’’ from the listing of positions at Level IV of
the Executive Schedule.
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MOTOR CARRIER REGISTRATION AND INSURANCE
REQUIREMENTS
SEC. 7. (a) Chapter 311 of title 49, United States
Code, is amended as follows:
(1) Section 31102, is amended in subparagraph
(b)(1) by inserting a new subparagraph as follows:
‘‘(Q) ensures that the State will cooperate
in the enforcement of registration and financial
responsibility 
requirements 
under 
sections
31140 and 31146 of this title, or regulations is-
sued thereunder.’’.
(2) Section 31132, is amended as follows:
(A) By inserting after the definition of
‘‘interstate commerce’’ a new subparagraph as
follows:
(6) ‘motor carrier’ means a person providing
transportation of passengers or property by commer-
cial motor vehicle, and includes ‘motor common car-
rier’, ‘motor contract carrier’, and ‘motor private
carrier’ as those terms are defined in section 10102
of this title.’’; and
(B) By renumbering subparagraphs (6)
through (10) as subparagraphs (7) through
(11).
(3) Section 31138, is amended as follows:
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(A) By redesignating subparagraph (a) as
(a)(1).
(B) By redesignating subparagraph (a)(1)
as (a)(1)(A).
(C) By redesignating subparagraph (a)(2)
as (a)(1)(B).
(D) By redesignating subparagraph (a)(3)
as (a)(1)(C).
(E) By inserting a new subparagraph after
(a)(1) as follows:
‘‘(2) The current regulations in effect at the
time of enactment remain in effect until altered or
revised by the Secretary pursuant to the Secretary’s
authority under this section.’’.
(F) By striking subparagraph (b).
(4) Section 31139, is amended as follows:
(A) By striking in subparagraph (b)(2)
‘‘The level of financial responsibility established
under paragraph (1) of this subsection shall be
at least $750,000.’’ and inserting in lieu thereof
‘‘The current regulations in effect at the time
of enactment remain in effect until altered or
revised by the Secretary pursuant to the Sec-
retary’s authority under this section.’’.
(B) By striking subparagraph (c).
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(C) In subparagraph (d) by striking ‘‘(as
those terms are defined in section 10530 of this
title) providing transportation of property under
a certificate of registration issued under section
10530’’ and inserting ‘‘(as those terms are de-
fined in section 31501) providing transportation
of passengers or property’’ in lieu thereof.
(5) By inserting a new section as follows:
‘‘§ 31140. Commercial Motor Carrier Financial Re-
sponsibility Information System
‘‘(a) GENERAL REQUIREMENT.—The Secretary of
Transportation is authorized to enter into an agreement
under subsection (b) of this section for the operation of,
or establish under subsection (c) of this section, an infor-
mation system that will serve as a clearinghouse and de-
pository of information about compliance with the re-
quired levels of financial responsibility, identification, and
disqualification of commercial motor carriers. The Sec-
retary shall consult with the States in carrying out this
section. Any agreement that the Secretary enters into to
carry out this section shall ensure the integrity of the
system.
‘‘(b) STATE AGREEMENTS.—If the Secretary decides
that an information system used by a State or States re-
garding the financial responsibility of commercial motor
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vehicles and motor carriers or another State-operated in-
formation system could be used to carry out this section,
and the State or States agree to the use of the system
for carrying out this section, the Secretary may enter into
an agreement with such State or States to use the system
as provided in this section. An agreement made under this
subsection shall contain terms the Secretary considers nec-
essary to carry out this chapter.
‘‘(c) ESTABLISHMENT BY SECRETARY.—If the Sec-
retary elects not to enter into an agreement under sub-
section (b) of this section, the Secretary shall establish an
information system regarding the financial responsibility
status of commercial motor vehicles and motor carriers as
provided in this section.
‘‘(d) CONTENTS.—(1) At a minimum, the informa-
tion system under this section shall include for each motor
carrier—
‘‘(A) information the Secretary considers appro-
priate to ensure identification of the motor carrier;
‘‘(B) the tax identification number of the motor
carrier and other identification numbers the Sec-
retary considers appropriate to identify the operator;
‘‘(C) the name of the State(s) within which the
carrier operates that issued registration(s) to the
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motor carrier and in which it registers its commer-
cial motor vehicles; and
‘‘(D) the levels and types of financial respon-
sibility applicable to the motor carrier.
‘‘(2) Not later than six months following the enact-
ment of this section the Secretary shall prescribe regula-
tions with respect to an identification system to ensure
the identification of commercial motor carriers.
‘‘(e) AVAILABILITY OF INFORMATION.—(1) On the
request of any State, the Secretary or operator of the in-
formation system, as the case may be, may make available
to such State any information contained in the system es-
tablished under this section.
‘‘(2) On request of a motor carrier, the Secretary or
the operator of the information system, as the case may
be, may make available to the motor carrier any informa-
tion in the system pertaining to the requesting motor
carrier.
‘‘(3) On the request of any person, the Secretary or
the operator of the information system, as the case may
be, may make available to such person information in the
system about any motor carrier.
‘‘(4) On the request of the Secretary, the operator
of the information system shall make available to the Sec-
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retary any information in the system, including summary
reports that the system has the capacity to produce.
‘‘(f) FEE SYSTEM.—The Secretary is authorized to
establish a fee system for using the information system,
pursuant to section 9701, title 31, United States Code.
Fees collected under this subsection in a fiscal year shall
equal as nearly as possible the costs of operating the infor-
mation system in that fiscal year. Such fees may be cred-
ited to the Department of Transportation appropriation
account charged in proportion to the amount expended
from the account for these purposes, and shall be available
for expenditure until expended.’’.
(6) By renumbering section 31140 as 31141.
(7) By renumbering section 31141 as 31142.
(8) By renumbering section 31142 as 31143.
(9) By renumbering section 31143 as 31144.
(10) By renumbering section 31144 as 31145.
(11) By inserting a new section, as follows:
‘‘§ 31146. Registration
‘‘(a) PERSONS REQUIRED TO FILE.—(1) The Sec-
retary of Transportation is authorized to require any
motor carrier that transports or causes to be transported
passengers or property in commerce, as defined by section
31301, in a commercial motor vehicle to register its com-
mercial motor vehicle operations.
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‘‘(2) The Secretary may require motor carriers domi-
ciled in foreign countries to register with the Department
of Transportation when offering transportation services
within the United States.
‘‘(3) DEPARTMENT
OF
TRANSPORTATION
IDENTI-
FICATION NUMBER AND CERTIFICATE.—Upon receipt of
a registration statement completed in accordance with the
requirements of this section, the Secretary shall issue a
Department of Transportation identification number and
certificate to the motor carrier as proof of registration.
‘‘(b) COMPLIANCE WITH REGISTRATION REQUIRE-
MENTS.—
‘‘(1) No motor carrier required to file a reg-
istration statement under subsection (a) may oper-
ate or cause to be operated any commercial motor
vehicles in commerce unless the motor carrier’s oper-
ations are currently registered with the Secretary
and the motor carrier has a valid certificate and
identification number issued by the Secretary.
‘‘(2) The Secretary may deny, revoke, or sus-
pend a motor carrier’s registration, identification
number and certificate, as provided for in this sec-
tion, because of noncompliance with the motor car-
rier safety fitness standards, required levels of finan-
cial responsibility, or any restrictions or conditions
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imposed pursuant to section 31181, as determined
by the Secretary.
‘‘(c) FORM, CONTENTS, AND LIMITATIONS ON FIL-
INGS.—(1) A registration statement under subsection (a)
of this section shall be in the form and contain information
the Secretary of Transportation requires by regulation.
The statement shall include, at a minimum—
‘‘(A) the name and principal place of business
of the registrant;
‘‘(B) a description of the activity the registrant
carries out for which filing a statement under sub-
section (a) of this section is required;
‘‘(C) each State in which the person carries out
the activity; and
‘‘(D) a designated agent for service of process
that is domiciled within the United States if the ap-
plicant motor carrier is a foreign motor carrier as
defined in section 31501 of this title.
‘‘(2) A motor carrier carrying out more than one ac-
tivity; or an activity at more than one location for which
filing is required, need only file one registration statement
to comply with subsection (a) of this section.
‘‘(d) SECURITY
OF MOTOR CARRIERS.—The Sec-
retary may issue a Department of Transportation identi-
fication number and certificate under this section only if
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the motor carrier, as defined in section 31132, applying
for such registration number, files with the Department
proof of financial responsibility in an amount not less than
that prescribed by the Secretary pursuant to, or required
by, sections 31138 and 31139 of this title, and the laws
of the State or States in which the carrier is operating,
to the extent applicable. The security obtained by the
motor carrier must remain in effect for the entire period
that the carrier is registered with the Department.
‘‘(e) FILING DEADLINES AND AMENDMENTS.—(1)
Motor carriers that are required to file a registration
statement under subsection (a) of this section and are
presently in possession of a Department of Transportation
number must renew their registration with the Depart-
ment within 1 year of the effective date of regulations is-
sued pursuant to this section. All other motor carriers that
are required to file a registration statement must register
with the Department within 6 months of the effective date
of such regulations. Motor carriers shall renew their reg-
istrations periodically consistent with regulations the Sec-
retary prescribes, but not more than once each year and
not less than once every 5 years.
‘‘(2) The Secretary may decide by regulation when
and under what circumstances a registration statement
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must be amended and the procedures to follow in amend-
ing the statement.
‘‘(f) FEE SYSTEM.—The Secretary is authorized to
establish a fee system for using the information system,
pursuant to section 9701, title 31, United States Code.
Fees collected under this subsection in a fiscal year shall
equal as nearly as possible the costs of operating the infor-
mation system in that fiscal year. Such fees may be cred-
ited to the Department of Transportation appropriation
account charged in proportion to the amount expended
from the account for these purposes, and shall be available
for expenditure until expended.
‘‘(g) MAINTAINING PROOF OF FILING AND PAYMENT
OF FEES.—Valid Department of Transportation identi-
fication numbers and certificates of registration shall serve
as proof of filing and receipt of certification and identifica-
tion numbers from the Secretary.’’.
(12) By renumbering section 31145 as 31147.
(13) By renumbering section 31146 as 31148.
(14) By renumbering section 31147 as 31149.
AMENDMENTS TO GENERAL DUTIES AND POWERS
SEC. 8. (a) Section 31501 of title 49, United States
Code, is amended in subparagraph (3)—
(1) by inserting ‘‘interstate’’ before the word
‘‘transportation’’ the first time it appears; and
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(2) by striking ‘‘referred to in section 10521(a)
of this title’’.
(b) Subparagraph 31502(a)(1) of title 49, United
States Code, is amended to read as follows:
‘‘(1) defined as ‘‘interstate transportation’’ by
section 10102.’’.
(c) Subparagraph 31503(a) of title 49, United States
Code, is amended by striking ‘‘a motor carrier subject to
subchapter II of chapter 105 of this title and a motor pri-
vate carrier’’ and inserting ‘‘an interstate motor carrier
or motor private carrier’’ in lieu thereof.
(d) The amendments made by this section shall be
effective September 30, 1996.
FEDERAL TRADE COMMISSION
SEC. 9. The Federal Trade Commission Act (15
U.S.C. 41 et seq.), is amended as follows:
(a) Section 5(a)(2) (15 U.S.C. section 45(a)(2))
is amended by deleting the following: ‘‘common car-
riers subject to the Acts to regulate commerce’’ and
adding in lieu thereof: ‘‘common carriers subject to
the Communications Act of 1934 or Acts amend-
atory thereof or supplementary thereof’’.
(b) Section 6 (15 U.S.C. section 46) is amend-
ed by striking the phrase ‘‘common carriers subject
to the Act to regulate commerce’’ wherever it ap-
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pears and adding in lieu thereof ‘‘common carriers
described in section 5(a)(2)’’.
APPLICATION OF THE ANTITRUST LAWS
SEC. 10. (a) Section 7 of the Clayton Act (15 U.S.C.
18) is amended—
(1) in the first and second paragraphs, by strik-
ing out ‘‘or’’ immediately after ‘‘stock’’ and inserting
a comma in lieu thereof and by striking out ‘‘and no
person subject to the jurisdiction of the Federal
Trade Commission shall acquire the whole or any
part of the’’ and inserting in lieu thereof ‘‘or’’;
(2) by deleting the fourth paragraph; and
(3) in the final paragraph, by striking out
‘‘Interstate Commerce Commission,’’.
(b) Section 11(a) of the Clayton Act (15 U.S.C. sec-
tion 21(a)) is amended by striking ‘‘in the Interstate Com-
merce Commission where applicable to common carriers
subject to subtitle IV of title 49’’; and
(c) Section 16 of the Clayton Act (15 U.S.C. 26) is
amended by striking the entire proviso beginning with the
words ‘‘Provided, That’’ through the end of the paragraph,
and striking the colon after the word ‘‘issue’’ and inserting
a period in lieu thereof.
(d) The amendments made by this section shall be
effective as of September 30, 1996.
HR 1436 IH
TRANSFER OF APPROPRIATIONS AND PERSONNEL
SEC. 11. (a) The personnel (including career mem-
bers of the Senior Executive Service and excluding all po-
litical appointees) employed in connection with, and the
assets, liabilities, contracts, property, records, and unex-
pended balances of appropriations and other funds em-
ployed, held, used, arising from, available to or to be made
available in connection with, any function transferred by
this Act, subject to section 1531 of title 31, United States
Code, shall be transferred to the Secretary of Transpor-
tation or the Secretary of Labor in accordance with the
transfer of such function. Personnel employed in connec-
tion with functions so transferred shall be transferred in
accordance with any applicable laws and regulations relat-
ing to transfer of functions. Unexpended funds transferred
pursuant to this subsection shall only be used for the pur-
pose and period of time for which the funds were originally
authorized and appropriated. The unobligated balance of
appropriations available in connection with any function
abolished by this Act shall lapse on September 30, 1996,
and the obligated balance of such appropriations shall be
transferred to the Secretary of Transportation or the Sec-
retary of Labor in connection with any function trans-
ferred by this Act for the purpose of administering the
payment of such obligations.
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(b) In order to facilitate the transfers made by this
Act, the Director of the Office of Management and Budget
is authorized and directed, in consultation with the Inter-
state Commerce Commission, the Secretary of Transpor-
tation and the Secretary of Labor, to make such deter-
minations as may be necessary with regard to the func-
tions so transferred, and to make such additional inciden-
tal dispositions of personnel, assets, liabilities, contracts,
property, records, and unexpended balances of appropria-
tions and other funds held, used, arising from, available
to, or to be made available in connection with, such func-
tions, as may be necessary to resolve disputes between the
Interstate Commerce Commission and the Departments to
which functions are transferred by this Act.
(c) With the consent of the Interstate Commerce
Commission, the Secretary of Transportation and the Sec-
retary of Labor are authorized to use the services of such
officers, employees, and other personnel of the Commis-
sion for such period of time up to September 30, 1996,
as may reasonably be needed to facilitate the orderly
transfer of such functions.
SAVINGS PROVISIONS
SEC. 12. (a) All orders, determinations, rules, regula-
tions, permits, contracts, certificates, licenses, and privi-
leges—
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(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 Inter-
state Commerce Commission to the Secretary of
Transportation or the Secretary of Labor, and
(2) which are in effect on September 30,
1996—shall continue in effect according to their
terms until modified, terminated, superseded, set
aside, or revoked in accordance with law by the Sec-
retary of the Department to which such function is
transferred, or other authorized officials, a court of
competent jurisdiction, or by operation of law.
(b) The transfers of functions made by this Act shall
not affect any proceedings or any application for any li-
cense, permit, or certificate relating to transferred func-
tions pending before the Interstate Commerce Commission
at the time such transfers take effect; but such proceed-
ings 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 jurisdic-
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tion, or by operation of law. Nothing in this section shall
be deemed to prohibit the discontinuance or modification
of any such proceeding under the same terms and condi-
tions and to the same extent that such proceeding could
have been discontinued or modified if this Act had not
been enacted.
(c) Except as provided in subsection (e)—
(1) the transfer of any function under this Act
shall not affect any suite relating to such function
which is commenced prior to the date the transfer
takes effect, and
(2) in all such suites, proceedings shall be had,
appeals taken, and judgments rendered in the same
manner and effect as if this Act had not been en-
acted.
(d) No suit, action, or other proceeding commenced
by or against any officer in his or her official capacity
as an officer of the Interstate Commerce Commission shall
abate by reason of the transfer of any function under this
Act. No cause of action by or against the Interstate Com-
merce Commission, or by or against any officer thereof
in his or her official capacity, shall abate by reason of the
transfer of any function under this Act.
(e) If, before September 30, 1996, the Interstate
Commerce Commission, or officer thereof in his or her of-
HR 1436 IH
ficial capacity, is a party to a suit relating to a function
transferred by this Act, then such suit shall be continued
with the Secretary of the Department to which the func-
tion is transferred.
(f) With respect to any function transferred to the
Secretary of Transportation or the Secretary of Labor by
this Act and exercised after the effective date of such
transfer, reference in any Federal law to the Interstate
Commerce Commission or the Commission (insofar as
such term refers to the Interstate Commerce Commis-
sion), or to any officer or office of the Interstate Com-
merce Commission, shall be deemed to refer to that De-
partment, or other official or component to the Depart-
ment, in which such function vests.
(g) In the exercise of any function transferred under
this Act, the Secretary of Transportation or the Secretary
of Labor shall have the same authority as that vested in
the Interstate Commerce Commission with respect to such
function, immediately preceding its transfer, and actions
of the Secretary of the Department in exercising such
function shall have the same force and effect as when exer-
cised by the Interstate Commerce Commission.
(h) In exercising any function transferred by this Act,
the Secretary of Transportation or the Secretary of Labor
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shall give full consideration to the need for operational
continuity of the function transferred.
CONFORMING AMENDMENTS
SEC. 13. The provisions and chapter analyses of title
49, United States Code, shall be amended to conform with
the amendments made by this Act.
FEDERAL MARITIME COMMISSION
SEC. 14. (a) FINDINGS.—The Congress finds that:
(1) Statutory provisions providing jurisdiction
for the Federal Maritime Commission to regulate
the reasonableness of rates charged by ocean car-
riers in the domestic offshore trades (those between
the 48 mainland States, on the one hand, and points
in Alaska, Hawaii, Puerto Rico, and United States
territories and possessions, on the other), and in cer-
tain circumstances to establish reasonable rates of
return for such carriers in those trades no longer
serve a useful regulatory purpose and should be
eliminated; and
(2) Statutory provisions requiring ocean car-
riers in domestic offshore trades and domestic con-
tiguous States trades (comprising waterborne trans-
portation between points on the United States in-
land waterways, intracoastal waterways and the
Great Lakes) to set forth the rates they charge in
tariffs filed with either the Interstate Commerce
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Commission or the Federal Maritime Commission no
longer serve a useful regulatory purpose and should
also be eliminated.
(b) TERMINATION OF AUTHORITY.—
(1) Chapter 23A of title 46, United States
Code, commonly referred to as the Intercoastal Ship-
ping Act, 1933, is repealed in its entirety effective
September 30, 1996.
(2) The following provisions of chapter 23 of
title 46, United States Code, commonly referred to
as the Shipping Act, 1916, are repealed effective
September 30, 1996:
(A) Section 804.
(B) Section 817.
(C) Section 818.
(D) Section 832.
(3) The following provisions of chapter 23 of
title 46, United States Code, commonly referred to
as the Shipping Act, 1916, are amended effective
September 30, 1996, as follows:
(A) Section 812 is amended by—
(i) striking the subparagraph denomi-
nated ‘‘First’’ in its entirety;
(ii) by redesignating the subparagraph
denominated ‘‘Second’’ as ‘‘First’’;
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(iii) by redesignating the subpara-
graph denominated ‘‘Third’’ as ‘‘Second’’;
and
(iv) by redesignating the subpara-
graph denominated ‘‘Fourth’’ as ‘‘Third’’;
(B) Section 815 is amended by—
(i) striking the subparagraph denomi-
nated ‘‘Second’’ in its entirety;
(ii) by redesignating the subparagraph
denominated ‘‘Third’’ as ‘‘Second’’;
(iii) by deleting the penultimate sub-
paragraph of the section; and
(iv) by amending the last subpara-
graph of the section to read as follows:
‘‘Whoever violates any provision of this
section shall be guilty of a misdemeanor
punishable by a fine of not more than
$5,000 for each offense.’’.
(C) Section 820 is amended by—
(i) striking the designation ‘‘(a)’’ from
the opening subparagraph; and
(ii) by striking the subparagraph de-
nominated ‘‘(b)’’ in its entirety.
SEVERABILITY CLAUSE
SEC. 15. If any provision of this Act, or the applica-
tion of such provision to any person or circumstance, is
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held invalid, the remainder of this Act and the application
of such provision to any other person or circumstance shall
not be affected by such invalidation.
EFFECTIVE DATE
SEC. 16. This Act shall be effective upon enactment,
except as specifically provided otherwise.
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