(d) NONABATEMENT OF SUITS.—No suit, action, or
other proceeding commenced by or against any officer in
his or her official capacity as an officer of the Interstate
Commerce Commission shall abate by reason of the trans-
fer of any function under this Act. No cause of action by
or against the Interstate Commerce Commission, or by or
against any officer thereof in his or her official capacity,
shall abate by reason of the transfer of any function under
this Act.
(e) JUDICIAL ADMINISTRATIVE PROVISION.—If, be-
fore October 1, 1994, the Interstate Commerce Commis-
sion, or officer thereof in his or her official capacity, is
a party to a suit relating to a function transferred by this
Act, then such suit shall be continued with the head of
the Federal agency to which the function is transferred.
(f) REFERENCES.—With respect to any function
transferred to another agency by this Act and exercised
after the effective date of such transfer, reference in any
Federal law to the Interstate Commerce Commission or
the Commission (insofar as such term refers to the Inter-
state Commerce Commission), or to any officer or office
of the Interstate Commerce Commission, shall be deemed
to refer to that agency, or other official or component of
the agency, in which such function vests.
(g) AUTHORITY.—In the exercise of any function
transferred under this Act, the head of the agency to
which such function is transferred shall have the same au-
thority as that vested in the Interstate Commerce Com-
mission with respect to such function immediately preced-
ing its transfer, and actions of the head of such agency
in exercising such function shall have the same force and
effect as when exercised by the Interstate Commerce
Commission.
(h) CONSIDERATION
OF OPERATIONAL CONTINU-
ITY.—In exercising any function transferred by this Act,
the head of the agency to which such function is trans-
ferred shall give full consideration to the need for oper-
ational continuity of the function transferred.
SEC. 11. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘agency’’ has the same meaning
such term has in section 551(1) of title 5, United
States Code; and
(2) the term ‘‘function’’ means a function,
power, or duty.
SEC. 12. CONFORMING AMENDMENTS.
(a) ANALYSES.—The provisions and chapter analyses
of title 49, United States Code, shall be amended to con-
form with the amendments made by this Act.
(b) CLAYTON ACT.—The following provisions of the
Clayton Act are amended effective October 1, 1994:
(1) Section 7 (15 U.S.C. 18) by striking ‘‘Inter-
state Commerce Commission,’’.
(2) Section 11(a) (15 U.S.C. 21(a)) by striking
‘‘in the Interstate Commerce Commission where ap-
plicable to common carriers subject to the Interstate
Commerce Act, as amended;’’.
(3) Section 16 (15 U.S.C. 26)—
(A) by striking ‘‘Act to regulate commerce
approved February fourth, eighteen hundred
and eighty-seven’’ and inserting ‘‘Interstate
Commerce Commission Sunset Act of 1993’’;
and
(B) by striking ‘‘Interstate Commerce
Commission’’ and inserting ‘‘Department of
Transportation’’.
SEC. 13. SEVERABILITY CLAUSE.
If any provision of this Act, or the application of such
provision to any person or circumstance, is held invalid,
the remainder of this Act and the application of such pro-
vision to any other person or circumstance shall not be
affected by such invalidation.
SEC. 14. EFFECTIVE DATE.
This Act shall be effective on the date of its enact-
ment, except as specifically provided otherwise.
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