Commission under the following sections of chapter 103
of title 49, United States Code, effective October 1, 1994:
(1) Section 10309.
(2) Subsection (a) of section 10310.
(3) Section 10321 as amended—
(A) in subsection (c)(1) by striking ‘‘Com-
mission, an individual Commissioner, an em-
ployee board, an employee delegated to act
under section 10305 of this title’’ and inserting
‘‘Secretary’’; and
(B) by striking subsection (c)(2).
(4) Section 10324.
(5) Section 10326 as amended by striking ‘‘the
Commission, or a division, an individual Commis-
sioner, an employee board, an employee delegated to
act under section 10305 of this title, or another per-
son authorized to act on behalf of the Commission
for any part of the proceeding,’’ and inserting ‘‘the
Secretary’’.
(6) Section 10327 as amended—
(A) by striking all references to divisions
and employee boards;
(B) by striking subsection (g)(2); and
(C) in subsection (g)—
(i) by striking ‘‘(1)’’;
(ii) by striking ‘‘or’’ before ‘‘substan-
tially’’; and
(iii) by inserting ‘‘, or the action in-
volves a matter of general transportation
importance’’ after ‘‘circumstances’’.
(7) Section 10328(a).
(8) Subsections (a)(1), (b) (except for the sec-
ond sentence dealing with transportation by motor
carrier or broker), (c)(1) (insofar as it applies to rail
carriers), (d) (insofar as it applies to rail carriers),
and (e) (except as it applies to brokers, freight for-
warders, and water carriers) of section 10329.
(9) Subsections (a) and (c) of section 10330.
(10) Section 10362 as amended—
(A) in subsection (b) by striking ‘‘Rail
Services Planning Office shall’’ and inserting
‘‘Department of Transportation may’’;
(B) in subsection (b)(1) by striking ‘‘assist
the Interstate Commerce Commission in study-
ing and evaluating’’ and inserting ‘‘study and
evaluate’’;
(C) in subsection (b)(2) by striking ‘‘assist
the Commission in developing’’ and inserting
‘‘develop’’;
(D) by striking subsection (b)(5)(B);
(E) by striking subsection (b)(8); and
(F) in subsection (d) by striking ‘‘Office’’
and inserting ‘‘Secretary’’.
(c) CHAPTER 105.—There are hereby transferred to
and vested in the Secretary of Transportation all func-
tions, powers, and duties of the Interstate Commerce
Commission under the following sections of chapter 105
of title 49, United States Code, insofar as they apply to
transportation of freight solely by a rail carrier or by a
rail carrier and a water carrier, when the transportation
is under common control, management, or arrangement
for a continuous carriage or shipment, effective October
1, 1994:
(1) Section 10501.
(2) Section 10503.
(3) Section 10505.
(d) CHAPTER 107.—There are hereby transferred to
and vested in the Secretary of Transportation all func-
tions, powers, and duties of the Interstate Commerce
Commission under the following sections of chapter 107
of title 49, United States Code, effective October 1, 1994:
(1) Section 10701 as amended—
(A) in subsection (a)—
(i) by striking the first sentence;
(ii) by striking ‘‘such a carrier (in-
cluding a rail carrier)’’ and inserting ‘‘a
rail carrier’’; and
(iii) by striking ‘‘those carriers (in-
cluding rail carriers)’’ and inserting ‘‘rail
carriers’’; and
(B) in subsection (c)—
(i) by striking ‘‘or III’’; and
(ii) by striking ‘‘either of those sub-
chapters’’ and inserting ‘‘that subchapter’’.
(2) Section 10701a.
(3) Section 10702(a), except for rules and prac-
tices affecting tickets and carrying of baggage.
(4) Section 10703 insofar as it applies to rail
carriers and the obligation rail carriers have to es-
tablish through routes with water common carriers.
(5) Subsections (a), (e), and (f) of section
10704.
(6) Section 10705 as amended—
(A) in subsection (a)(1) by striking ‘‘, II
(except a motor common carrier of property), or
III’’;
(B) in subsection (a)(3) by striking ‘‘pre-
scribe—’’ and all that follows through ‘‘(B) a
through’’ and inserting ‘‘prescribe a through’’;
(C) by striking subsection (b);
(D) in subsection (c) by striking ‘‘or (b)’’
and ‘‘, water carrier, or motor common carrier
of property’’;
(E) in subsection (e) by striking ‘‘water
common carrier’’;
(F) in subsection (f) by striking ‘‘or (b)’’;
and
(G) by striking subsection (h).
(7) Subsections (b) through (n) of section
10705a insofar as they apply to branch line sur-
charges and joint rate cancellations.
(8) Section 10707.
(9) Section 10707a.
(10) Section 10709.
(11) Section 10710.
(12) Section 10711 as amended by striking
‘‘and (b)’’ and ‘‘10727,’’.
(13) Section 10712.
(14) Section 10713 as amended—
(A) by inserting ‘‘and’’ after the semicolon
at the end of subsection (m)(1);
(B) by striking ‘‘; and’’ at the end of sub-
section (m)(2) and inserting a period; and
(C) by striking subsection (m)(3).
(15) Section 10721 as amended—
(A) by striking subsection (a);
(B) in subsection (b)(1)—
(i) by striking ‘‘, II or III’’;
(ii) by inserting ‘‘any qualified per-
son’’ after ‘‘title 39, and’’;
(iii) by striking ‘‘reduced’’ the last
place it appears and inserting ‘‘tendered’’;
(iv) by striking ‘‘; except that any
rates for the transportation of household
goods for the United States Government
shall not be predatory’’; and
(v) by adding at the end of such sub-
section the following new sentence: ‘‘Sec-
tion 3709 of the Revised Statutes of the
United States (41 U.S.C. 5) shall not
apply to transportation procured pursuant
to this section.’’;
(C) by striking subsections (b)(2) and
(b)(3); and
(D) by striking subsection (c).
(16) Section 10723 insofar as it applies to rail
transportation.
(17) Section 10724 insofar as it applies to rail
transportation of property.
(18) Section 10726 insofar as it applies to rail
transportation.
(19) Section 10728.
(20) Section 10731 as amended—
(A) in subsection (b)—
(i) by inserting ‘‘and’’ after the semi-
colon at the end of paragraph (1);
(ii) by striking ‘‘; and’’ at the end of
paragraph (2) and inserting a period; and
(iii) by striking paragraph (3); and
(B) by striking subsection (d);
(21) Section 10734.
(22) Section 10741 insofar as it applies to rail
carriers.
(23) Section 10742 as amended—
(A) by striking ‘‘or III’’, ‘‘passengers and’’,
and ‘‘under either of those subchapters’’; and
(B) by inserting ‘‘rail or water’’ after ‘‘an-
other’’;
(24) Section 10743 as it applies to rail trans-
portation.
(25) Section 10745.
(26) Section 10746.
(27) Section 10747 insofar as it applies to rail
transportation.
(28) Section 10748.
(29) Section 10750.
(30) Subsections (a) and (b) of section 10751
insofar as they apply to rail transportation.
(31) Subsections (a) and (c) of section 10761
insofar as they apply to rail transportation.
(32) Section 10762 as amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘(except a motor com-
mon carrier)’’;
(ii) by striking ‘‘and (A) if a common
carrier’’; and
(iii) by striking ‘‘, and (B)’’ and all
that follows through ‘‘under this subtitle’’;
(B) in subsection (a)(2) by striking the
last two sentences;
(C) in subsection (b)(1) by striking ‘‘sub-
chapter I, III, or IV of’’;
(D) in subsection (b)(1)(B) by striking all
after the parenthetical phrase and inserting a
semicolon; and
(E) by striking subsection (b)(1)(C);
(F) by redesignating subsections (b)(1)(D)
and (b)(1)(E) as subsections (b)(1)(C) and
(b)(1)(D), respectively;
(G) in subsection (c)(1) by striking ‘‘(A)’’,
‘‘subchapter I of’’, and ‘‘or (B) under another
subchapter of that chapter proposes to change
a rate, classification, rule, or practice,’’;
(H) by striking subsection (c)(2);
(I) by striking the second sentence of sub-
section (c)(3);
(J) by striking ‘‘In the case of a rail car-
rier, a’’ at the beginning of the third sentence
of subsection (c)(3) and inserting ‘‘A’’;
(K) by striking the last sentence of sub-
section (c)(3);
(L) by redesignating subsection (c)(3) as
subsection (c)(2);
(M) in subsection (d)(1) by striking ‘‘sub-
sections (a) and’’ and inserting ‘‘subsection’’;
(N) in subsection (d)(2) by striking ‘‘sub-
chapter I of’’; and
(O) by striking subsections (f) and (g).
(33) Section 10763.
(34) Section 10764 as amended—
(A) by striking the last sentence of sub-
section (a)(1);
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as sub-
section (b);
(35) Section 10765 as amended by striking the
parenthetical phrase in subsection (a).
(36) Section 10781.
(37) Subchapter V of chapter 107 insofar as it
applies to rail transportation.
(e) CHAPTER 109.—There are hereby transferred to
and vested in the Secretary of Transportation all func-
tions, powers, and duties of the Interstate Commerce
Commission under the following sections of chapter 109
of title 49, United States Code, effective October 1, 1994:
(1) Subchapter I insofar as it applies to rail
carriers of property, including section 10903 as
amended by inserting in the last sentence of sub-
section (b)(2) ‘‘prior to its repeal by the Interstate
Commerce Commission Sunset Act of 1993’’ after
‘‘title’’.
(2) Section 10922(c) as amended—
(A) by striking paragraph (1);
(B) by striking paragraph (2)(A);
(C) in paragraph (2)(B)—
(i) by striking ‘‘issue a certificate to a
person authorizing that’’ and inserting
‘‘authorize a’’;
(ii) by striking ‘‘has been granted au-
thority, or will be granted authority, after
the effective date of this section to pro-
vide’’ and inserting ‘‘provides’’;
(iii) by striking ‘‘to be authorized by
the certificate’’; and
(iv) by striking ‘‘issuance of the cer-
tificate’’ and inserting ‘‘authorization’’;
(D) in paragraph (2)(C)—
(i) by striking ‘‘, as defined in section
10526(b)(1) of this title,’’;
(ii) by inserting ‘‘interstate’’ after
‘‘regular-route’’; and
(iii) by striking ‘‘of passengers subject
to the jurisdiction of the Commission
under subchapter II of chapter 105 of this
title’’;
(E) by striking paragraph (2)(D);
(F) in paragraph (2)(E) by striking ‘‘a
certificate issued’’ and inserting ‘‘authority
granted’’;
(G) by striking paragraphs (2)(F), (2)(H),
and (2)(I);
(H) by striking paragraphs (3) through
(9); and
(I) by striking the subsection heading and
inserting ‘‘SPECIAL
POWERS
RELATING
TO
MOTOR CARRIERS’’.
(3) Section 10935 as amended—
(A) in subsection (a) by striking ‘‘, and
interstate authority under a certificate issued
under section 10922 of this subchapter, to pro-
vide’’ and inserting ‘‘and providing interstate’’;
(B) in subsection (e)(1)(A) by striking
‘‘Subject to paragraph (3) of this subsection,
if’’ and inserting ‘‘If’’;
(C) in subsection (e)(1)(B) by striking
‘‘August 1, 1982’’ and inserting ‘‘the date of
the enactment of the Interstate Commerce
Commission Sunset Act of 1993’’;
(D) by striking subsections (e)(2) and
(e)(3);
(E) by redesignating subsection (e)(4) as
subsection (e)(2);
(F) in subsection (g)(2) by striking ‘‘or
(e)(2)’’; and
(G) in subsection (h) by striking ‘‘a motor
common carrier of passengers subject to the ju-
risdiction of the Commission under subchapter
II of chapter 105 of this title corresponding to
an interstate service initiated pursuant to the
provisions of section 10922(c)(4) of this title’’
and inserting ‘‘an interstate motor common car-
rier of passengers’’.
(f) CHAPTER 111.—There are hereby transferred to
and vested in the Secretary of Transportation all func-
tions, powers, and duties of the Interstate Commerce
Commission under the following sections of chapter 111
of title 49, United States Code, effective October 1, 1994:
(1) Section 11101(a) as amended by striking
the second sentence.
(2) Section 11103.
(3) Section 11104.
(4) Section 11105 insofar as it applies to rail
carriers.
(5) Section 11121 as amended by striking
‘‘11127,’’.
(6) Section 11122.
(7) Section 11123.
(8) Section 11124.
(9) Section 11125.
(10) Section 11126 as amended by striking
‘‘11127,’’.
(11) Section 11128 as amended by striking
‘‘sections 11123(a)(4) and 11127(a)(1)(C)’’ and in-
serting ‘‘section 11123(a)’’.
(12) Section 11141 insofar as it applies to rail
carriers.
(13) Section 11143 insofar as it applies to rail
carriers.
(14) Section 11144 insofar as it applies to rail
carriers.
(15) Section 11145 as amended—
(A) in subsection (a)—
(i) by inserting ‘‘rail’’ before ‘‘car-
riers’’;
(ii) by striking ‘‘brokers,’’; and
(iii) by striking ‘‘or express’’;
(B) in subsection (b) by striking ‘‘broker,’’
and the second sentence; and
(C) by striking subsection (c).
(16) Subchapter IV.
(g) CHAPTER 113.—There are hereby transferred to
and vested in the Secretary of Transportation all func-
tions, powers, and duties of the Interstate Commerce
Commission under the following sections of chapter 113
of title 49, United States Code, effective October 1, 1994:
(1) Section 11301 as amended by striking ‘‘or
sleeping car’’ in subsection (a)(1).
(2) Section 11303 insofar as it applies to rail
carriers.
(3) Section 11322.
(4) Section 11348(b) insofar as it applies to
rail carriers.
(5) Subchapter IV.
(h) CHAPTER 115.—There are hereby transferred to
and vested in the Secretary of Transportation all func-
tions, powers, and duties of the Interstate Commerce
Commission under the following sections of chapter 115
of title 49, United States Code, effective October 1, 1994:
(1) Section 11501 as amended—
(A) by striking subsection (a);
(B) in the first sentence of subsection
(c)—
(i) by inserting ‘‘or passenger trans-
portation’’ after ‘‘title’’;
(ii) by inserting ‘‘or, in the case of
passenger transportation, with the stand-
ards applicable to rail transportation of
property’’ before the period at the end of
the sentence;
(C) in subsection (d)(1) by inserting ‘‘or
passenger transportation’’ after ‘‘title’’;
(D) in subsection (e)(1) by striking ‘‘trans-
portation subject to the jurisdiction of the Com-
mission under subchapter II of chapter 105 of
this title’’ and inserting ‘‘interstate transpor-
tation’’;
(E) in subsection (e)(5) by striking ‘‘sub-
ject to the jurisdiction of the Commission under
subchapter II of chapter 105 of this title’’ and
by striking ‘‘authorized’’;
(F) by striking subsection (e)(6); and
(G) by striking subsection (g) and insert-
ing the following new subsection:
‘‘(g) PREEMPTION
OF CERTAIN STATE REGULA-
TION.—Notwithstanding any other provision of law, no
State or political subdivision thereof and no interstate
agency or other political agency of 2 or more States shall
enact or enforce any law, rule, regulation, standard, or
other provision having the force and effect of law relating
to interstate or intrastate rates, routes, or services of any
motor carrier, motor private carrier, water carrier, freight
forwarder, or broker that provides transportation of prop-
erty in interstate commerce.’’.
(2) Section 11502 as amended—
(A) in subsection (a)—
(i) by striking ‘‘(1)’’;
(ii) by striking ‘‘subchapter I, III, or
IV of ’’;
(iii) by striking paragraph (2);
(iv) by striking ‘‘(A)’’ the first place it
appears and inserting ‘‘(1)’’; and
(v) by striking ‘‘(B)’’ the first place it
appears and inserting ‘‘(2)’’;
(B) in subsection (b) by striking ‘‘sub-
chapter I or IV of ’’; and
(C) in subsection (c) by striking ‘‘sub-
chapter I or III of ’’.
(3) Section 11503.
(4) Section 11504 as amended—
(A) in subsection (a)(2) by striking
‘‘, express, or sleeping car’’;
(B) in subsection (b) by striking ‘‘(1)’’ and
by striking paragraph (2); and
(C) by striking subsection (c).
(5) Section 11505 as amended by striking ‘‘(a)’’
and by striking subsection (b).
(6) Section 11507.
(i) CHAPTER 117.—There are hereby transferred to
and vested in the Secretary of Transportation all func-
tions, powers, and duties of the Interstate Commerce
Commission under the following sections of chapter 117
of title 49, United States Code, effective October 1, 1994:
(1) Section 11701 as amended—
(A) in subsection (a)—
(i) by striking ‘‘, broker or freight for-
warder’’;
(ii) by striking the last two sentences;
and
(B) in subsection (b)—
(i) by striking ‘‘, or broker for,’’;
(ii) by striking ‘‘or a foreign motor
carrier or a foreign motor private carrier
providing transportation under a certificate
of registration issued under section 10530
of this title, or freight forwarder’’;
(iii) by striking ‘‘and, if it is against
a water carrier, must be made under
oath’’; and
(iv) by striking the last sentence.
(2) Section 11702 as amended—
(A) in subsection (a)(1) by striking ‘‘or
10933’’;
(B) by striking subsection (a)(2) and in-
serting the following:
‘‘(2) to enforce section 11109 of this title and
to compel compliance with the order of the Secretary
under that section; and’’;
(C) by striking subsection (a)(4);
(D) by redesignating subsections (a)(5)
and (a)(6) as subsections (a)(4) and (a)(5), re-
spectively;
(E) by striking subsection (b); and
(F) by striking ‘‘(a)’’ the first place it ap-
pears.
(3) Section 11703.
(4) Section 11705 as amended—
(A) by striking ‘‘subchapter I or III of’’
each place it appears;
(B) in subsection (a) by striking ‘‘or a
freight forwarder’’;
(C) in subsection (b)(1) by striking ‘‘or a
freight forwarder’’ and by striking ‘‘or the ap-
plicable freight forwarder rate, as the case may
be’’;
(D) by striking subsection (b)(3);
(E) by striking the last sentence of sub-
section (c)(1); and
(F) in subsection (d)(1)—
(i) by striking ‘‘if a rail carrier,’’;
(ii) by striking ‘‘, or (D) if a water
carrier, in which a port of call on a route
operated by that carrier is located’’; and
(iii) by inserting ‘‘or’’ before ‘‘(C)’’.
(5) Section 11706 as amended—
(A) in subsection (a) by striking ‘‘or a
freight forwarder’’ and by striking ‘‘or freight
forwarder’’;
(B) in subsection (b) by striking ‘‘sub-
chapter I or III of’’;
(C) in subsection (c) by striking ‘‘(1)’’ and
by striking paragraph (2); and
(D) in subsection (d) by striking ‘‘(c)(1)’’
and inserting ‘‘(c)’’.
(6) Section 11707 as amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘(1)’’;
(ii) by striking ‘‘, II, or IV’’ each
place it appears;
(iii) by striking ‘‘and a freight for-
warder’’ in the first sentence;
(iv) by striking ‘‘or freight forwarder’’
in the second and fourth sentences; and
(v) by striking ‘‘, except in the case of
a freight forwarder,’’ in the third sentence;
(B) by striking subsection (a)(2); and
(C) in subsection (c) by striking para-
graphs (2) and (3) and by redesignating para-
graph (4) as paragraph (2).
(7) Section 11709.
(8) Section 11710.
(j) CHAPTER 119.—There are hereby transferred to
and vested in the Secretary of Transportation all func-
tions, powers, and duties of the Interstate Commerce
Commission under the following sections of chapter 119
of title 49, United States Code, effective October 1, 1994:
(1) Section 11901 as amended—
(A) by striking subsections (g) through
(k); and
(B) by redesignating subsection (l) as sub-
section (g) and in such subsection by striking
‘‘(1)’’ and by striking paragraph (2).
(2) Section 11902.
(3) Section 11903.
(4) Section 11904 as amended by striking sub-
sections (b), (c), and (d).
(5) Section 11907.
(6) Section 11909(a).
(7) Subsections (a)(1), (b) (insofar as it applies
to rail carriers), (c), and (d) of section 11910.
(8) Section 11911.
(9) Section 11913.
(10) Section 11913a.
(11) Subsection (a) of section 11914.
(12) Section 11915.
(13) Section 11916.
SEC. 6. MISCELLANEOUS AMENDMENTS.
(a) RATES AND LIABILITY BASED ON VALUE.—Sec-
tion 10730 of title 49, United States Code, is amended—
(1) by striking subsections (a) and (b) and in-
serting the following:
‘‘(a)(1) Subject to the provisions of paragraph (2) of
this subsection, a motor common carrier may agree with
a shipper that the liability of the carrier for such property
is limited to a value established by written declaration of
the shipper or by written agreement between the carrier
and shipper if that value would be reasonable under the
circumstances surrounding the transportation.
‘‘(2) Before a carrier may limit a contract of carriage
for any service under paragraph (1) of this subsection, it
shall provide a contract of carriage for such service which
does not limit the liability of the carrier.’’; and
(2) by redesignating subsection (c) as sub-
section (b) and in such subsection by striking ‘‘pro-
viding transportation or service subject to the juris-
diction of the Commission under subchapter I of
chapter 105 of the title’’.
(b) BACKHAUL ALLOWANCES.—Section 10732 of
such title is amended—
(1) by striking ‘‘food and grocery’’ each place
it appears;
(2) by striking subsection (b);
(3) by striking ‘‘(a)’’; and
(4) by striking the section heading and insert-
ing ‘‘BACKHAUL ALLOWANCES’’.
(c) LIABILITY FOR PAYMENT OF RATES.—Section
10744 of such title is amended—
(1) in subsection (a)(1) by striking ‘‘, motor, or
water common’’;
(2) in each of subsections (b) and (c)(3) by
striking ‘‘or express’’; and
(3) by striking subsection (c)(2) and by redesig-
nating subsection (c)(3) as subsection (c)(2).
(d) UNFAIR TRADE PRACTICES
OF CONTIGUOUS
FOREIGN GOVERNMENTS.—Section 10922(1) of such title
is amended to read as follows:
‘‘(l) UNFAIR TRADE PRACTICES
OF CONTIGUOUS
FOREIGN GOVERNMENTS.—
‘‘(1) CONSULTATIONS.—Whenever the Presi-
dent of the United States determines that the gov-
quirement for all foreign motor carriers operating in
the United States to comply fully with all applicable
laws and regulations pertaining to safety fitness,
safety of operation, financial responsibility, and
taxes imposed by section 4481 of the Internal Reve-
nue Code of 1986.’’.
(e) LOADING
AND UNLOADING
OF MOTOR VEHI-
CLES.—Section 11109 of such title is amended by striking
‘‘(whether or not such transportation is subject to the ju-
risdiction of the Commission under subchapter II of chap-
ter 105 of this title)’’ each place it appears.
(f) WEIGHT-BUMPING.—Section 11917 of such title
is amended—
(1) by striking ‘‘a shipment of household goods
which is subject to the jurisdiction of the Commis-
sion under subchapter II of chapter 105 of this
title’’ and inserting ‘‘an interstate shipment’’; and
(2) in the section heading by striking ‘‘IN
HOUSEHOLD GOODS TRANSPORTATION’’.
(g) FEDERAL MARITIME COMMISSION JURISDIC-
TION.—Nothing in this Act, the Shipping Act, 1916, or
the Intercoastal Shipping Act, 1933 shall be construed to
confer upon the Federal Maritime Commission jurisdiction
over any carrier providing water transportation between
the contiguous United States and Hawaii, Alaska, or a
United States territory or possession as part of a joint
through transportation arrangement with a carrier provid-
ing interstate transportation within the continental United
States.
SEC. 7. AMENDMENTS TO GENERAL DUTIES AND POWERS.
(a) SAFETY INFORMATION AND INTERVENTION IN
ICC PROCEEDINGS.—Section 307 of title 49, United
States Code, is repealed.
(b) 
RESPONSIBILITY
FOR
CERTAIN
RAIL
PROJECTS.—Section 333 of such title is amended—
(1) by striking subsection (d)(1)(C) and redes-
ignating subparagraphs (D) and (E) of subsection
(d)(1) as subparagraphs (C) and (D), respectively;
and
(2) by striking subsection (e).
(c) REPORT TO CONGRESS.—Subchapter I of chapter
5 of such title is amended by adding the following new
section:
‘‘§ 508. Report to Congress.
‘‘Two years from the effective date of the Interstate
Commerce Commission Sunset Act of 1993, the Secretary
of Transportation shall submit a status report and evalua-
tion, including recommendations, to Congress concerning
implementation of the National Governors’ Association
‘‘(3) require each of those carriers and inter-
state motor carriers to display on the vehicle such
identification as the Secretary may require.’’.
SEC. 8. FEDERAL TRADE COMMISSION.
(a) JURISDICTION OF FTC.—Motor carriers, water
carriers (except those regulated by the Federal Maritime
Commission), freight forwarders, and railroad passenger
carriers shall be subject to the jurisdiction of the Federal
Trade Commission under the Federal Trade Commission
Act (15 U.S.C. 41–58) and section 11 of the Clayton Act
(15 U.S.C. 21).
(b) EXCLUSIVE JURISDICTION OF FTC.—The Fed-
eral Trade Commission is empowered exclusively to en-
force the household goods regulations for motor carriers
under section 1056 of title 49 of the Code of Federal Reg-
ulations and for freight forwarders under section 1085 of
such title, which regulations shall remain in effect until
revised or revoked by the Federal Trade Commission
under subsection (c) of this section.
(c) FTC REVIEW.—The Federal Trade Commission
shall institute a proceeding within 120 days of the date
of the enactment of this Act to review the necessity and
effectiveness of sections 1056 and 1085 of title 49 of the
Code of Federal Regulations and, where appropriate,
make revisions (1) to ensure that shippers of household
goods receive adequate protection in their dealings with
carriers, and (2) to eliminate unnecessary regulations. The
initial proceeding conducted to implement this section
shall be governed by section 553 of title 5, United States
Code, and the Federal Trade Commission may dispense
with the rulemaking requirements imposed under section
18 of the Federal Trade Commission Act (15 U.S.C. 57a),
except that any such rule promulgated shall be subject to
the judicial review procedures of subsection (e) of such
section 18. This proceeding shall be completed within 1
year after commencement of the proceeding.
(d) OTHER AGENCIES REVIEWS.—Not later than 1
year after the Federal Trade Commission issues its final
regulations pursuant to subsection (c), all departments,
agencies, and instrumentalities of the United States shall
revise and conform their rules and regulations pertaining
to the transportation of household goods for the United
States to those household goods regulations issued by the
Federal Trade Commission.
SEC. 9. TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL.
(a) TRANSFERS.—The personnel (including career
members of the Senior Executive Service and excluding
all political appointees) employed in connection with, and
the assets, liabilities, contracts, property, records, and un-
expended balances of appropriations, authorizations, allo-
cations, and other funds employed, held, used, arising
from, available to, or to be made available in connection
with, any function transferred by this Act, subject to sec-
tion 1531 of title 31, United States Code, shall be trans-
ferred to the head of the agency to which such function
is transferred for appropriate allocation. Personnel em-
ployed in connection with functions so transferred shall
be transferred in accordance with any applicable laws and
regulations relating to transfer of functions. Unexpended
funds transferred pursuant to this subsection shall only
be used for the purpose and period of time for which the
funds were originally authorized and appropriated. The
unobligated balance of appropriations available in connec-
tion with any function abolished by this Act shall lapse
on October 1, 1995, and the obligated balance of such ap-
propriations shall be transferred to the Secretary of
Transportation for the purpose of administering the pay-
ment of such obligations.
(b) AUTHORITY OF OMB.—In the absence of enacted
appropriations 30 days in advance of the transfer date,
the Director of the Office of Management and Budget is
authorized and directed, in consultation with the heads of
the agencies affected by such transfer, to determine the
number of personnel to be transferred.
(c) AGENCY DISPUTE RESOLUTION.—In order to fa-
cilitate the transfers made by this Act, the Director of the
Office of Management and Budget is authorized and di-
rected, in consultation with the Interstate Commerce Com-
mission and the heads of the agencies to which functions
are so transferred, to make such determinations as may
be necessary with regard to the functions so transferred,
and to make such additional incidental dispositions of per-
sonnel, assets, liabilities, contracts, property, records, and
unexpended balances of appropriations, authorizations, al-
locations, and other funds held, used, arising from, avail-
able to, or to be made available in connection with, such
functions, as may be necessary to resolve disputes between
the Interstate Commerce Commission and the agencies to
which functions are transferred by this Act.
(d) DATE OF TRANSFERS.—The Chairman of the
Interstate Commerce Commission, the Secretary of Trans-
portation, and the Chairman of the Federal Trade Com-
mission shall, beginning as soon as practicable after the
date of the enactment of this Act, effect the transfer of
functions and personnel pursuant to this Act.
(e) INTERIM USE OF ICC PERSONNEL.—With the
consent of the Interstate Commerce Commission, the head
of each agency to which functions are transferred by this
Act is authorized to use the services of such officers, em-
ployees, and other personnel of the Commission for such
period of time up to September 30, 1994, as may reason-
ably be needed to facilitate the orderly transfer of such
functions.
SEC. 10. SAVINGS PROVISIONS.
(a) IN GENERAL.—All orders, determinations, rules,
regulations, permits, contracts, certificates, licenses, and
privileges—
(1) which have been issued, made, or granted
by any agency or official thereof, or by a court of
competent jurisdiction, in the performance of any
function which is transferred by this Act from the
Interstate Commerce Commission to another agency;
and
(2) which are in effect on October 1, 1994,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the head of the
agency to which such function is transferred, or
other authorized officials, a court of competent juris-
diction, or by operation of law.
(b) CONTINUATION OF PROCEEDINGS.—The trans-
fers of functions made by this Act shall not affect any
proceedings or any application for any license, permit, or
certificate relating to transferred functions pending before
the Interstate Commerce Commission at the time such
transfers take effect; but such proceedings and applica-
tions, to the extent that they relate to functions so trans-
ferred, shall be continued. Orders shall be issued in such
proceedings, and appeals may be taken therefrom, as if
this Act had not been enacted; and orders issued in any
such proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by oper-
ation of law. Nothing in this subsection shall be deemed
to prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to
the same extent that such proceeding could have been dis-
continued or modified if this Act had not been enacted.
(c) AFFECT ON PENDING SUITS.—Except as pro-
vided in subsection (e)—
(1) the transfer of any function under this Act
shall not affect any suit relating to such function
which is commenced prior to the date the transfer
takes effect, and
(2) in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same
manner and effect as if this Act had not been en-
acted.