H. R. 2539—139
SEC. 203. TRANSFER OF ASSETS AND PERSONNEL.
(a) TO BOARD.—Except as otherwise provided in this Act and
the amendments made by this Act, those personnel, property, and
records employed, used, held, available, or to be made available
in connection with a function transferred to the Board by this
Act shall be transferred to the Board for use in connection with
the functions transferred, and unexpended balances of appropria-
tions, allocations, and other funds of the Interstate Commerce
Commission shall also be transferred to the Board. Such unex-
pended balances, allocations, and other funds, together with any
unobligated balances from user fees collected by the Commission
during fiscal year 1996, may be used to pay for the closedown
of the Commission and severance costs for Commission personnel,
regardless of whether those costs are incurred at the Commission
or at the Board.
(b) TO SECRETARY.—Except as otherwise provided in this Act
and the amendments made by this Act, those personnel, property,
and records employed, used, held, available, or to be made available
in connection with a function transferred to the Secretary by this
Act shall be transferred to the Secretary for use in connection
with the functions transferred.
(c) SEPARATED EMPLOYEES.—Notwithstanding all other laws
and regulations, the Department of Transportation shall place all
Interstate Commerce Commission employees separated from the
Commission as a result of this Act on the DOT reemployment
priority list (competitive service) or the priority employment list
(excepted service).
SEC. 204. SAVING PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations, rules, regu-
lations, permits, grants, loans, contracts, agreements, certificates,
licenses, and privileges—
(1) that have been issued, made, granted, or allowed to
become effective by the Interstate Commerce Commission, any
officer or employee of the Interstate Commerce Commission,
or any other Government official, or by a court of competent
jurisdiction, in the performance of any function that is trans-
ferred by this Act or the amendments made by this Act; and
(2) that are in effect on the effective date of such transfer
(or become effective after such date pursuant to their terms
as in effect on such effective date),
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the Board, any other authorized official, a court of competent
jurisdiction, or operation of law. The Board shall promptly rescind
all regulations established by the Interstate Commerce Commission
that are based on provisions of law repealed and not substantively
reenacted by this Act.
(b) PROCEEDINGS.—(1) The provisions of this Act shall not affect
any proceedings or any application for any license pending before
the Interstate Commerce Commission at the time this Act takes
effect, insofar as those functions are retained and transferred by
this Act; but such proceedings and applications, to the extent that
they relate to functions so transferred, shall be continued. Orders
shall be issued in such proceedings, appeals shall be taken there-
from, and payments shall be made pursuant to such orders, as
if this Act had not been enacted; and orders issued in any such
H. R. 2539—140
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court
of competent jurisdiction, or by operation of law. Nothing in this
subsection shall be deemed to prohibit the discontinuance or modi-
fication of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if this Act had not been enacted.
(2) The Board and the Secretary are authorized to provide
for the orderly transfer of pending proceedings from the Interstate
Commerce Commission.
(3)(A) Except as provided in subparagraphs (B) and (C), in
the case of a proceeding under a provision of law repeal, and
not reenacted, by this Act such proceeding shall be terminated.
(B) Any proceeding involving a pipeline carrier under subtitle
IV of title 49, United States Code, shall be continued to be heard
by the Board under such subtitle, as in effect on the day before
the effective date of this section, until completion of such proceeding.
(C) Any proceeding involving the merger of a motor carrier
property under subtitle IV of title 49, United States Code, shall
continue to be heard by the Board under such subtitle, as in
effect on the day before the effective date of this section, until
completion of such proceeding.
(4) Any proceeding with respect to any tariff, rate charge,
classification, rule, regulation, or service that was pending under
the Intercoastal Shipping Act, 1933 or the Shipping Act, 1916
before the Federal Maritime Commission on November 1, 1995,
shall continue to be heard until completion or issuance of a final
order thereon under all applicable laws in effect as of November
1, 1995.
(c) SUITS.—(1) This Act shall not affect suits commenced before
the date of the enactment of this Act, except as provided in para-
graphs (2) and (3). In all such suits, proceeding shall be had,
appeals taken, and judgments rendered in the same manner and
with the same effect as if this Act had not been enacted.
(2) Any suit by or against the Interstate Commerce Commission
begun before the effective date of this Act shall be continued,
insofar as it involves a function retained and transferred under
this Act, with the Board (to the extent the suit involves functions
transferred to the Board under this Act) or the Secretary (to the
extent the suit involves functions transferred to the Secretary under
this Act) substituted for the Commission.
(3) If the court in a suit described in paragraph (1) remands
a case to the Board or the Secretary, subsequent proceedings related
to such case shall proceed in accordance with applicable law and
regulations as in effect at the time of such subsequent proceedings.
(d) CONTINUANCE
OF ACTIONS AGAINST OFFICERS.—No suit,
action, or other proceeding commenced by or against any officer
in his official capacity as an officer of the Interstate Commerce
Commission shall abate by reason of the enactment of this Act.
No cause of action by or against the Interstate Commerce Commis-
sion, or by or against any officer thereof in his official capacity,
shall abate by reason of enactment of this Act.
(e) EXERCISE OF AUTHORITIES.—Except as otherwise provided
by law, an officer or employee of the Board may, for purposes
of performing a function transferred by this Act or the amendments
made by this Act, exercise all authorities under any other provision
of law that were available with respect to the performance of
H. R. 2539—141
that function to the official responsible for the performance of
the function immediately before the effective date of the transfer
of the function under this Act or the amendments made by this
Act.
SEC. 205. REFERENCES.
Any reference to the Interstate Commerce Commission in any
other Federal law, Executive order, rule, regulation, or delegation
of authority, or any document of or pertaining to the Interstate
Commerce Commission or an officer or employee of the Interstate
Commerce Commission, is deemed to refer to the Board, a member
or employee of the Board, or the Secretary, as appropriate.
TITLE III—CONFORMING AMENDMENTS
Subtitle A—Amendments to United States
Code
SEC. 301. TITLE 5 AMENDMENTS.
(a) COMPENSATION FOR POSITIONS AT LEVEL III.—Section 5314
of title 5, United States Code, is amended by striking ‘‘Chairman,
Interstate Commerce Commission.’’ and inserting in lieu thereof
‘‘Chairman, Surface Transportation Board.’’.
(b) COMPENSATION FOR POSITIONS AT LEVEL IV.—Section 5315
of title 5, United States Code, is amended by striking ‘‘Members,
Interstate Commerce Commission.’’ and inserting in lieu thereof
‘‘Members, Surface Transportation Board.’’.
SEC. 302. TITLE 11 AMENDMENTS.
Subchapter IV of chapter 11 of title 11, United States Code,
is amended—
(1) by striking section 1162 and inserting in lieu thereof
the following:
‘‘§ 1162. Definition
‘‘In this subchapter, ‘Board’ means the ‘Surface Transportation
Board’.’’; and
(2) by striking ‘‘Commission’’ each place it appears and
inserting in lieu thereof ‘‘Board’’.
SEC. 303. TITLE 18 AMENDMENTS.
Title 18, United States Code, is amended—
(1) in section 921(a)(27) by striking ‘‘10102’’ and inserting
in lieu thereof ‘‘13102’’; and
(2) in section 6001(1) by striking ‘‘Interstate Commerce
Commission’’ and inserting in lieu thereof ‘‘Surface Transpor-
tation Board’’.
SEC. 304. INTERNAL REVENUE CODE OF 1986 AMENDMENTS.
(a) SECTION 168.—Section 168(g)(4)(B)(i) of the Internal Reve-
nue Code of 1986 is amended by striking ‘‘domestic railroad corpora-
tion providing transportation subject to subchapter I of chapter
105’’ and inserting in lieu thereof ‘‘rail carrier subject to part
A of subtitle IV’’.
(b) SECTION
281.—Subparagraphs (A) and (B) of section
281(d)(1) of such Code are each amended by striking ‘‘domestic
H. R. 2539—142
railroad corporations providing transportation subject to subchapter
I of chapter 105’’ and inserting in lieu thereof ‘‘rail carriers subject
to part A of subtitle IV’’.
(c) SECTION 354.—Section 354(c) of such Code is amended by
striking ‘‘or approved by the Interstate Commerce Commission
under subchapter IV of chapter 113 of title 49,’’.
(d) SECTION 3231.—Section 3231 of such Code is amended—
(1) in subsection (a) by striking ‘‘Interstate Commerce
Commission’’ and inserting in lieu thereof ‘‘Surface Transpor-
tation Board’’; and
(2) in subsection (g) by striking ‘‘an express carrier, sleeping
car carrier, or rail carrier providing transportation subject to
subchapter I of chapter 105’’ and inserting in lieu thereof ‘‘a
rail carrier subject to part A of subtitle IV’’.
(e) SECTION 7701.—Section 7701(a) of such Code is amended—
(1) in paragraph (33)(B) by striking ‘‘Federal Power
Commission’’ and inserting in lieu thereof ‘‘Federal Energy
Regulatory Commission’’;
(2) in paragraph (33)(C)(i) by striking ‘‘Interstate Commerce
Commission’’ and inserting in lieu thereof ‘‘Surface Transpor-
tation Board’’;
(3) in paragraph (33)(C)(ii) by striking ‘‘Interstate Com-
merce Commission’’ and inserting in lieu thereof ‘‘Federal
Energy Regulatory Commission’’;
(4) in paragraph (33)(F) by striking ‘‘common carrier’’ and
all that follows through ‘‘1933’’ and inserting in lieu thereof
‘‘a water carrier subject to jurisdiction under subchapter II
of chapter 135 of title 49’’;
(5) in paragraph (33)(G) by striking ‘‘railroad corporation
subject to subchapter I of chapter 105’’ and inserting in lieu
thereof ‘‘rail carrier subject to part A of subtitle IV’’; and
(6) in paragraph (33)(H) by striking ‘‘subchapter I of chap-
ter 105’’ and inserting in lieu thereof ‘‘part A of subtitle IV’’.
SEC. 305. TITLE 28 AMENDMENTS.
(a) CHAPTER 85.—Chapter 85 of title 28, United States Code,
is amended—
(1) in the section heading to section 1336 by striking ‘‘Inter-
state Commerce Commission’s’’ and inserting in lieu thereof
‘‘Surface Transportation Board’s’’;
(2) in section 1336 by striking ‘‘Interstate Commerce
Commission’’ each place it appears and inserting in lieu thereof
‘‘Surface Transportation Board’’;
(3) in section 1337 by striking ‘‘11707’’ each place it appears
and inserting in lieu thereof ‘‘11706 or 14706’’; and
(4) in the item relating to section 1336 of the table of
sections by striking ‘‘Interstate Commerce Commission’s’’ and
inserting in lieu thereof ‘‘Surface Transportation Board’s’’.
(b) SECTION 1445.—Section 1445(b) of such title is amended—
(1) by striking ‘‘common’’; and
(2) by striking ‘‘11707’’ and inserting in lieu thereof ‘‘11706
or 14706’’.
(c) CHAPTER 157 AMENDMENTS.—
(1) IN GENERAL.—Chapter 157 of such title is amended—
(A) 
by 
striking 
‘‘INTERSTATE 
COMMERCE
COMMISSION’’ in the chapter heading and inserting in
lieu thereof ‘‘SURFACE TRANSPORTATION BOARD’’;
H. R. 2539—143
(B) by striking ‘‘Commission’s’’ in the section heading
to section 2321 and inserting in lieu thereof ‘‘Board’s’’;
(C) by striking ‘‘Interstate Commerce Commission’’
each place it appears and inserting in lieu thereof ‘‘Surface
Transportation Board’’;
(D) in section 2323 by striking ‘‘Commission’’ the sec-
ond and third places it appears and inserting in lieu thereof
‘‘Board’’; and
(E) in the item relating to section 2321 of the table
of sections by striking ‘‘Commission’s’’ and inserting in
lieu thereof ‘‘Board’s’’.
(2) TABLE OF CHAPTERS.—The item relating to chapter 157
in the table of chapters of such title is amended by striking
‘‘Interstate Commerce Commission’’ and inserting in lieu
thereof ‘‘Surface Transportation Board’’.
(d) CHAPTER 158 AMENDMENTS.—Chapter 158 of such title is
amended—
(1) in section 2341(3)(A) by striking ‘‘the Interstate Com-
merce Commission,’’;
(2) by striking ‘‘and’’ at the end of section 2341(3)(C);
(3) by striking the period at the end of section 2341(3)(D)
and inserting in lieu thereof ‘‘; and’’;
(4) by inserting at the end of section 2341(3) the following
new subparagraph:
‘‘(E) the Board, when the order was entered by the
Surface Transportation Board.’’;
(5) in section 2342(3)(A) by striking ‘‘41, or 43’’ and insert-
ing in lieu thereof ‘‘or 41’’;
(6) by inserting ‘‘or pursuant to part B or (C) of subtitle
IV of title 49’’ before the semicolon at the end of section
2342(3)(A);
(7) in section 2342(3)(B)—
(A) by striking clauses (i) and (iii); and
(B) by redesignating clauses (ii), (iv), and (v) as clauses
(i), (ii), and (iii), respectively; and
(8) by striking paragraph (5) of section 2342 and inserting
in lieu thereof the following:
‘‘(5) all rules, regulations, or final orders of the Surface
Transportation Board made reviewable by section 2321 of this
title;’’.
SEC. 306. TITLE 31 AMENDMENTS.
Section 3726(b) of title 31, United States Code, is amended—
(1) in paragraph (1) by striking ‘‘on file with the Interstate
Commerce Commission,’’ and inserting in lieu thereof ‘‘under
title 49 or on file with’’;
(2) in paragraph (1) by striking ‘‘or’’ at the end;
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following new para-
graph:
‘‘(2) a lawfully quoted rate subject to the jurisdiction of
the Surface Transportation Board; or’’; and
(5) in paragraph (3), as redesignated by paragraph (4)
of this section, by striking ‘‘sections 10721–10724’’ and inserting
in lieu thereof ‘‘sections 10721, 13712, and 15504’’.
SEC. 307. TITLE 39 AMENDMENTS.
Title 39, United States Code, is amended—