A bill to amend subtitle IV of title 49, United States Code, to codify recent law and improve the code without substantive change.
PL 96-258 (H.R.3807), enacted 06/03/1980

PUBLIC LAW 96-258—JUNE 3, 1980 
94 STAT. 425 
Public Law 96-258 
96th Congress 
An Act 
To amend subtitle IV of title 49, United States Code, to codify recent law and 
improve the Code without substantive change. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
AMENDMENTS TO SUBTITLE IV OF TITLE 49 
SECTION 1. Title 49, United States Code, is amended as follows: 
(1) Section 10324(c) is amended to read as follows: 
"(cXD An action of the Commission is enforceable unless the 
Commission stays or postpones the action. 
"(2) The Commission shall stay or postpone a decision made by a 
division, an individual Commissioner, a board, or an employee if an 
application for rehearing, reargument, or reconsideration is made 
under section 10323 of this title before the decision becomes effective. 
The stay or postponement is effective until the Commission or 
appellate division disposes of 
the matter.". 
(2) Section 10327(kXl) is amended by striking out "at least 7" and 
substituting "a majority of the". 
(3) Section 10382(a) is amended— 
(A) by redesignating clauses (5) and (6) as (6) and (7), 
respectively; 
(B) by inserting the following new clause immediately below 
clause (4): 
"(5) shall present the views of users, the general public, 
afTected communities, and, when appropriate, providers of rail 
transportation in proceedings of departments, agencies, and 
instrumentalities of the United States Government related to— 
"(A) the impact of energy proposals and actions on rail 
transportation; and 
"(B) whether transportation policy is consistent with the 
energy policies of the United States Government;"; and 
(C) by striking out "clauses (l)-(4)" in clause (6), as redesig-
nated, and substituting "clauses (l)-(5)". 
(4) The first sentence of section 10525(d) is amended by striking out 
"is, or is likely" and substituting "affects or impairs, or is likely". 
(5) Section 10526(a) is amended— 
(A) by striking out "is" in clause (2); 
(B) by striking out "or" in clause (8); 
(C) by striking out the period in clause (9) and substituting a 
semicolon and "or"; and 
(D) by inserting the following new clause immediately below 
clause (9): 
"(10) a motor vehicle carrying not more than 15 individuals in 
a single, daily roundtrip to commute to and from work.". 
(6) Section 10544(dXl) is amended bv inserting "or the District of 
Columbia," immediately after "States . 
June 3, 1980 
[H.R. 3807] 
Interstate 
Commerce Act, 
amendment. 
49 use 10324. 
49 use 10323. 
49 use 10327. 
49 use 10382. 
49 use 10525. 
49 use 10526. 
49 use 10544. 
94 STAT. 426 
PUBLIC LAW 96-258—JUNE 3, 1980 
49 use 10706. 
49 use 10784. 
49 u s e 10923. 
49 use 11101. 
49 use 11121. 
Rail carrier car 
service. 
49 use 10501. 
Hearing. 
49 use 11304. 
11 use 101. 
(7) Section 10706(cX2) is amended by striking out the period after 
"section" and substituting a dash. 
(8) Section 10784(a) is amended— 
(A) by striking out "thereafter correct, revise, and supplement 
that valuation, including previous inventories and classifica-
tions, by keeping" and substituting "keep"; and 
(B) by adding at the end thereof the following new sentence: 
"When necessary, the Commission may correct, revise, and 
supplement an inventory or valuation of property it has made.". 
(9) Section 10923(bX2) is amended— 
(A) by striking out "and" in clause (O; 
(B) by striking out ", and the changing character of the 
requirements of those shippers." in clause (D) and substituting a 
semicolon and "and"; and 
(C) by inserting the following new clause immediately below 
clause (D): 
"(E) the changing character of the requirements of those 
shippers.". 
(10) Section 11101(c) is amended— 
(A) in clause (IXA) by inserting "(i)" before "a farmer", and by 
striking out "or a motor private carrier;" and substituting -a 
comma and "or (ii)"; 
(B) in clause dXB) by striking out "(B)" and substituting "a 
motor private carrier and it" as a flush phrase eifter "or (ii/* in 
clause (IXA), and by striking out "(i)" and "(ii)"; 
(C) in clause (IXC) by striking out "(C)" and substituting "(B)"; 
and 
(D) in clause (2) by striking out "(IXC)" and substituting 
"(IXB)". 
(11) Section 11121(a) is amended to read as follows: 
"(aXl) A rail carrier providing transportation subject to the juris-
diction of the Interstate Commerce Commission under subchapter I of 
chapter 105 of this title shall furnish safe and adequate car service 
and establish, observe, and enforce reasonable rules and practices on 
car service. The Commission may require a reiil carrier to provide 
facilities and equipment that are reasonably necessary to furnish safe 
and adequate car service if the Commission decides that the rail 
carrier has materially failed to furnish that service. The C!ommission 
may begin a proceeding under this paragraph when an interested 
person files an application with it. The Commission may act only 
after a hearing on the record and an affirmative finding, based on the 
evidence presented, that— 
"(A) providing the facilities or equipment will not materially 
and adversely affect the ability of the carrier to provide safe and 
adequate transportation; 
"(B) the amount spent for the facilities or equipment, including 
a return equal to the carrier's current cost of capital, will be 
recovered; and 
"(C) providing the facilities or equipment will not impair the 
ability of the carrier to attract adequate capital. 
"(2) The Commission may require a rail carrier to— 
"(A) 
file 
its car service rules with the Commission; and 
"(B) incorporate those rules in its tariffs.". 
(12) Section 11304(aX2) is amended— 
(A) by striking out "bankruptcy from" and substituting "a case 
under title 11 from"; £md 
PUBLIC LAW 96-258—JUNE 3, 1980 
94 STAT. 427 
(B) by striking out "bankruptcy," and substituting "that 
case,". 
(13)(A) Subchapter in of chapter 113 is amended by adding at the 
end thereof the following new section: 
"§11351. Supplemental orders 
"When cause exists, the Interstate Commerce Commission may 
make appropriate orders supplemental to an order made in a pro-
ceeding under sections 11342-11345 and 11347 of 
this title.". 
(B) The analysis of chapter 113 is amended by inserting immedi-
ately below item 11350 the following new item: 
"11351. Supplemental orders.". 
(C) Section 11912 is amended by striking out "or 11347" and 
substituting "11347, or 11351". 
(14) Section 11707(e) is amended by striking out "that person 
receives written notice from the carrier that it" and substituting "the 
carrier gives a person written notice that the carrier". 
(15) Section 11909(a) is amended by striking out "multilates" and 
substituting "mutilates". 
(16) The last sentence of section 11914(c) is amended by striking out 
"Venue" and "was" and substituting "Trial" and "is", respectively. 
49 use 11351. 
49 use 
11342-11345, 
11347. 
49 use 11912. 
49 use 11707. 
49 use 11909. 
49 use 11914. 
LEGISLATIVE PURPOSE AND CONSTRUCTION 
SEC. 2. (a) Section 1 of this Act restates, without substantive 
change, laws enacted before April 24,1979, that were replaced by that 
section. That section may not be construed as making a substantive 
change in the laws replaced. Laws enacted after April 23,1979, that 
are inconsistent with this Act are considered as superseding it to the 
extent of 
the inconsistency. 
(b) A reference to a law replaced by section 1 of this Act, including a 
reference in a regulation, order, or other law, is deemed to refer to the 
corresponding provision enacted by this Act. 
(c) An order, rule, or regulation in effect under a law replaced by 
section 1 of this Act continues in effect under the corresponding 
provision enacted by this Act until repealed, amended, or superseded. 
(d) An action taken or an offense committed under a law replaced 
by section 1 of this Act is deemed to have been taken or committed 
under the corresponding provision enacted by this Act. 
(e) An inference of a legislative construction is not to be drawn by 
reason of the location in the United States Code of a provision 
enacted by this Act or by reason of the caption or catchline thereof 
(f) If a provision enacted by this Act is held invalid, all valid 
provisions that are severable from the invalid provision remain in 
effect. If a provision of this Act is held invalid in any of its 
applications, the provision remains valid for all valid applications 
that are severable from any of 
the invalid applications. 
49 use prec. 
10101 note. 
Savings 
provision. 
REPEALS 
SEC. 3. (a) The repeal of a law by this Act may not be construed as a 
legislative inference that the provision was or was not in effect before 
its repeal. 
(b) The laws specified in the following schedule are repealed except 
for rights and duties that matured, penalties that were incurred, and 
proceedings that were begun before the date of enactment of this Act: 
49 use prec. 
10101 note. 
94 STAT. 428 
Date 
1887 
Feb. 4 
1976 
Feb. 5 
1978 
Nov. 6 
8 
9 
PUBLIC LAW 96-258—JUNE 3, 1980 
Statutes at Large 
Chapter or 
PubucLaw 
104 
94-210 
95-598 
95-599 
95-607 
95-611 
95-620 
Section 
mm), 
15(8) (c), (d), 20c. 27(4Xf), 
203(bX7b). 
202(eX2) "Sec. 15(8) (c), (d)" 
837 
126(c) 
401-402 
5 
804 
Statutes at Large 
Volume 
24 
90 
92 
92 
92 
92 
92 
37. 
2680. 
2706. 
3067. 
3090. 
3348. 
49 u s e 15 note. 
24 Stat. 384. 
49 u s e 15. 
49 u s e 15. 
49 u s e 10525 
note. 
49 u s e 11304 
note. 
49 u s e 20c, 
313, 922a. 
(c) The repeals, by subsection (b) of this section, of section 15(8) (c) 
and (d) of the Act of February 4, 1887 (ch. 104, 24 Stat. 379), and 
section 401 of the Act of November 8, 1978 (Public Law 95-607, 92 
Stat. 3067), are effective July 1,1980. 
(d) The amendments made by section 1 (4), (5XA), (6), (7), (8), (9), (10), 
(13), (14), (15), and (16) of this Act are effective October 17, 1978. 
(e) The amendment made by section 1(12) of 
this Act and the repeal, 
by subsection (b) of this section, of 
section 337 of the Act of November 
6,1978 (Public Law 95-598,92 Stat. 2680), are effective on the date of 
enactment of this Act or on October 1, 1979, whichever is later. 
Approved June 3, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-382 (eomm. on the Judiciary). 
eONGRESSIONAL REeORD: 
Vol. 125 (1979): July 23, considered and passed House. 
Vol. 126 (1980): May 13, considered and passed Senate, amended. 
May 20, House concurred in Senate amendments.