[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2539 Enrolled Bill (ENR)]
H.R.2539
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To abolish the Interstate Commerce Commission, to amend subtitle IV of
title 49, United States Code, to reform economic regulation of
transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``ICC Termination
Act of 1995''.
(b) Table of Contents.--

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TITLE I

-ABOLITION OF INTERSTATE COMMERCE COMMISSION

eligibility requirements for an immediate annuity.

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Subtitle A--Amendments to United States Code

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TITLE II

-SURFACE TRANSPORTATION BOARD

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TITLE III

-CONFORMING AMENDMENTS

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TITLE IV

-MISCELLANEOUS PROVISIONS

Except as otherwise provided in this Act, this Act shall take
effect on January 1, 1996.

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The Interstate Commerce Commission is abolished.

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(a) Grants to States.--Section 31102(b)(1) of title 49, United
States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (O);
(2) by striking the period at the end of subparagraph (P) and
inserting in lieu thereof ``; and''; and
(3) by adding at the end the following:
``(Q) ensures that the State will cooperate in the enforcement
of registration and financial responsibility requirements under
sections 31140 and 31146, or regulations issued thereunder.''
(b) Transport Vehicles for Off-Road, Competition Vehicles.--Section
31111(b)(1) of such title is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and
inserting in lieu thereof a semicolon and ``or''; and
(3) by adding at the end thereof the following:
``(E) imposes a limitation of less than 46 feet on the distance
from the kingpin to the center of the rear axle on trailers used
exclusively or primarily in connection with motorsports competition
events.''.
(c) Multiple Insurers.--Section 31138(c) of such title is amended
by adding at the end the following new paragraph:
``(3) A motor carrier may obtain the required amount of financial
responsibility from more than one source provided the cumulative amount
is equal to the minimum requirements of this section.''.
(d) Minimum Financial Responsibility Requirements With Respect to
Certain Transportation Service.--Section 31138(e) is amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting in lieu thereof ``; or''; and
(3) by adding at the end the following:
``(4) providing transportation service within a transit service
area under an agreement with a Federal, State, or local government
funded, in whole or in part, with a grant under section 5307, 5310,
or 5311, including transportation designed and carried out to meet
the special needs of elderly individuals and individuals with
disabilities; except that, in any case in which the transit service
area is located in more than 1 State, the minimum level of
financial responsibility for such motor vehicle will be at least
the highest level required for any of such States.''.
(e) Transporters of Property.--Section 31139(e) of such title is
amended by adding at the end the following:
``(3) A motor carrier may obtain the required amount of financial
responsibility from more than one source provided the cumulative amount
is equal to the minimum requirements of this section.''.
(f) Commercial Motor Vehicle Defined.--Section 31132(1) of such
title is amended--
(1) by redesignating subparagraph (C) as subparagraph (D); and
(2) by striking subparagraph (B) and inserting in lieu thereof
the following:
``(B) is designed or used to transport passengers for
compensation, but excluding vehicles providing taxicab service
and having a capacity of not more than 6 passengers and not
operated on a regular route or between specified places;
``(C) is designed or used to transport more than 15
passengers, including the driver, and is not used to transport
passengers for compensation; or''.
(g) Safety Fitness of Owners and Operators.--Section 31144 of such
title is amended--
(1) in the first sentence of subsection (a) by striking ``In
cooperation with the Interstate Commerce Commission, the'' and
inserting in lieu thereof ``The'';
(2) in such sentence by striking ``sections 10922 and 10923''
and inserting in lieu thereof ``section 13902'';
(3) in subsection (a)(1)(C) by striking ``and the Commission'';
and
(4) by striking subsection (b) and inserting in lieu thereof
the following:
``(b) Findings and Action on Registrations.--The Secretary shall
find that a person seeking to register as a motor carrier is unfit if
such person does not meet the safety fitness requirements established
under subsection (a) and shall not register such person.''.
(h) Self-Insurance Rules.--The Secretary of Transportation shall
continue to enforce the rules and regulations of the Interstate
Commerce Commission, as in effect on July 1, 1995, governing the
qualifications for approval of a motor carrier as a self-insurer, until
such time as the Secretary finds it in the public interest to revise
such rules. The revised rules must provide for--
(1) continued ability of motor carriers to qualify as self-
insurers; and
(2) the continued qualification of all carriers then so
qualified under the terms and conditions set by the Interstate
Commerce Commission or Secretary at the time of qualification.

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MINIMUM ELIGIBILITY REQUIREMENTS FOR AN IMMEDIATE ANNUITY.
(a) In General.--An employee of the Interstate Commerce Commission
who is separated from Government service pursuant to the abolition of
that agency under section 101 shall, upon appropriate written
application, be given credit, for purposes of determining eligibility
for and computing the amount of any annuity under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code, for accrued
annual leave standing to such employee's credit at the time of
separation.
(b) Limitation and Other Conditions.--Any regulations necessary to
carry out this section shall be prescribed by the Office of Personnel
Management. Such regulations shall include provisions--
(1) defining the types of leave for which credit may be given
under this section (such definition to be similar to the
corresponding provisions of the regulations under section
351.608(c)(2) of title 5 of the Code of Federal Regulations, as in
effect on the date of the enactment of this Act);
(2) limiting the amount of accrued annual leave which may be
used for the purposes specified in subsection (a) to the minimum
period of time necessary in order to permit such employee to attain
first eligibility for an immediate annuity under section 8336,
8412, or 8414 of title 5, United States Code (in a manner similar
to the corresponding provisions of the regulations referred to in
paragraph (1));
(3) under which contributions (or arrangements for the making
of contributions) shall be made so that--
(A) employee contributions for any period of leave for
which retirement credit may be obtained under this section
shall be made by the employee; and
(B) Government contributions with respect to such period
shall similarly be made by the Interstate Commerce Commission
or other appropriate officer or entity (out of appropriations
otherwise available for such contributions); and
(4) under which subsection (a) shall not apply with respect to
an employee who declines a reasonable offer of employment in
another position in the Department of Transportation made under
this Act or any amendment made by this Act.
(c) Extinguishment of Eligibility for Lump-Sum Payment.--A lump-sum
payment under section 5551 of title 5, United States Code, shall not be
payable with respect to any leave for which retirement credit is
obtained under this section.

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The Chairman of the Surface Transportation Board (in this Act
referred to as the ``Board'') may allocate or reallocate any function
of the Board, consistent with this title and subchapter I of chapter 7,
as amended by section 201 of this title, among the members or employees
of the Board, and may establish, consolidate, alter, or discontinue in
the Board any organizational entities that were entities of the
Interstate Commerce Commission, as the Chairman considers necessary or
appropriate.

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(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 appropriations, allocations,
and other funds of the Interstate Commerce Commission shall also be
transferred to the Board. Such unexpended 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).

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(a) Legal Documents.--All orders, determinations, rules,
regulations, 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 transferred 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 therefrom, and payments
shall be made pursuant to such orders, 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
operation 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 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 paragraphs
(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, subsequentproceedings 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 Commission, 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 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.

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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.
Subtitle A--Amendments to United States Code

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(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.''.

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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:
``Sec. 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''.

0391b81e196f8868a5e707250eeb28b14ee2510e341211163569d28f728bd079

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 Transportation
Board''.

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(a) Section 168.--Section 168(g)(4)(B)(i) of the Internal Revenue
Code of 1986 is amended by striking ``domestic railroad corporation
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 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 Transportation
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 Transportation
Board'';
(3) in paragraph (33)(C)(ii) by striking ``Interstate Commerce
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 chapter
105'' and inserting in lieu thereof ``part A of subtitle IV''.

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(a) Chapter 85.--Chapter 85 of title 28, United States Code, is
amended--
(1) in the section heading to section 1336 by striking
``Interstate 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'';
(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 second
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 Commerce
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
inserting 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;''.

760ae9f3588f0666cee48d7e6a1e6a60e7169f2fb891a45102d6cf67164143bf

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
paragraph:
``(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''.

6583f54baee0fa61053cf3578173c2a656f6a9e699f8db820e8895862b46b35b

Title 39, United States Code, is amended--
(1) in section 5005(a)(4) by striking ``5201(7)'' and inserting
in lieu thereof ``5201(6)'';
(2) in section 5005(b)(3) by striking ``Interstate Commerce
Commission'' and inserting in lieu thereof ``Surface Transportation
Board''; and
(3) by striking paragraph (1) of section 5201 and inserting in
lieu thereof the following:
``(1) `Board' means the Surface Transportation Board;'';
(4) in section 5201(2) by striking ``a motor common carrier, or
express carrier'' and inserting in lieu thereof ``or a motor
carrier'';
(5) in section 5201(4)--
(A) by striking ``common''; and
(B) by striking ``permit'' and inserting in lieu thereof
``registration'';
(6) in section 5201(5)--
(A) by striking ``common'' each place it appears;
(B) by striking ``10102(14)'' and inserting in lieu thereof
``13102(12)''; and
(C) by striking ``certificate of public convenience and
necessity'' and inserting in lieu thereof ``registration'';
(7) by striking paragraph (6) of section 5201;
(8) in section 5201 by redesignating paragraphs (7) and (8) as
paragraphs (6) and (7), respectively;
(9) in section 5201(6), as so redesignated, by striking
``certificate of public convenience and necessity'' and inserting
in lieu thereof ``certificate or registration'';
(10) in section 5203(f) by striking ``motor common carrier''
each place it appears and inserting in lieu thereof ``motor
carrier'';
(11) in the section heading to section 5207 by striking
``Interstate Commerce Commission'' and inserting in lieu thereof
``Surface Transportation Board'';
(12) in sections 5208(a) and 5215(a) by striking
``Commission's'' and inserting in lieu thereof ``Board's'';
(13) in section 5215(a) by striking ``motor common carrier''
and inserting in lieu thereof ``motor carrier'';
(14) in chapter 52 by striking ``Commission'' each place it
appears and inserting in lieu thereof ``Board''; and
(15) in the item relating to section 5207 of the table of
sections of chapter 52, by striking ``Interstate Commerce
Commission'' and inserting in lieu thereof ``Surface Transportation
Board''.

e84e5d948e249d5b3e48c5a9924ce5cb0f35ed256bccbaf16dd4ec340b3ecfe1

(a) Section 302.--Section 302(a) of title 49, United States Code,
is amended by striking ``10101a'' and inserting in lieu thereof
``13101''.
(b) Section 333.--Section 333 of such title is amended--
(1) in subsection (c)(2) by striking ``11910(a)(1)'' and
inserting in lieu thereof ``11904''; and
(2) in subsection (e)--
(A) by striking ``11343(a)'' and inserting in lieu thereof
``11323(a)''; and
(B) by striking ``11344(b)'' and inserting in lieu thereof
``11324(b)''.
(c) Chapter 5.--Subchapter I of chapter 5 of such title is
amended--
(1) by striking ``DUTIES'' the first place it appears in the
subchapter heading; and
(2) in section 501(a)(1) by striking ``section 10102'' and
inserting in lieu thereof ``sections 10102 and 13102''.
(d) Section 5102.--Section 5102(7) of such title is amended--
(1) by striking ``common'';
(2) by striking ``motor contract carrier,''; and
(3) by striking ``10102'' and inserting in lieu thereof
``13102''.
(e) Section 5333.--Section 5333(b)(3) of such title is amended by
striking ``11347'' and inserting in lieu thereof ``11326''.
(f) Chapter 221.--Chapter 221 of such title is amended--
(1) in section 22101(a) by striking ``subchapter I of chapter
105'' and inserting in lieu thereof ``part A of subtitle IV'';
(2) in section 22101(a)(1) by striking ``Interstate Commerce
Commission'' and inserting in lieu thereof ``Surface Transportation
Board'';
(3) in section 22103(b)(1) by striking ``Interstate Commerce
Commission'' and inserting in lieu thereof ``Surface Transportation
Board'';
(4) in section 22107(c)--
(A) by striking ``Interstate Commerce Commission'' and
inserting in lieu thereof ``Surface Transportation Board''; and
(B) by striking ``Commission'' the second place it appears
and inserting in lieu thereof ``Board''; and
(5) in section 22107(d) by striking ``subchapter I of chapter
105'' and inserting in lieu thereof ``part A of subtitle IV''.
(g) Section 24301.--Section 24301 of such title is amended--
(1) in subsection (c)--
(A) by striking ``Subtitle IV'' in paragraph (1) and
inserting in lieu thereof ``Part A of subtitle IV'';
(B) by striking ``sections 10721-10724 of this title
apply'' in paragraph (2)(A) and inserting in lieu thereof
``section 10721 of this title applies''; and
(C) by striking ``Interstate Commerce Commission under any
provision of subtitle IV of this title applicable to a carrier
subject to subchapter I of chapter 105'' in paragraph (2)(B)
and inserting in lieu thereof ``Surface Transportation Board
under part A of subtitle IV''; and
(2) in subsection (d) by striking ``common carrier subject to
subchapter I of chapter 105'' and inserting in lieu thereof ``rail
carrier subject to part A of subtitle IV''.
(h) Section 24501.--Section 24501(b) of such title is amended by
striking ``subchapter I of chapter 105'' and inserting in lieu thereof
``part A of subtitle IV''.
(i) Section 24705.--Section 24705 of such title is amended by
striking subsection (d).
(j) Sections 30103 and 30166.--Sections 30103(a) and 30106(d) of
such title are each amended by striking ``subchapter II of chapter
105'' each place it appears and inserting in lieu thereof ``subchapter
I of chapter 135''.
(k) Chapter 315.--Chapter 315 of such title is amended--
(1) in section 31501(2) by striking ``10102'' and inserting in
lieu thereof ``13102'';
(2) in section 31501(3)(A) by striking ``10521(a)'' and
inserting in lieu thereof ``13501'';
(3) in section 31502(a)(1) by striking ``10521 and 10522'' by
inserting in lieu thereof ``13501 and 13502''; and
(4) in section 31503(a) by striking ``subchapter II of chapter
105'' and inserting in lieu thereof ``subchapter I of chapter
135''.
(l) Sections 41309 and 41502.--Sections 41309(b)(2)(A) and 41502 of
such title are each amended by striking ``common'' each place it
appears.
(m) Section 60115.--Section 60115(b)(4)(A) of such title is amended
by striking ``(referred to in section 10344(f) of this title)''.
Subtitle B--Other Amendments

960db90082adb3ab714d55cb6957534b696bb0b969b37f290ad92a8056cc8ecb

Section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1291) is amended--
(1) by striking ``Interstate Commerce Commission'' each place
it appears and inserting in lieu thereof ``Surface Transportation
Board'';
(2) by striking ``Commission'' each place it appears (other
than a place to which paragraph (1) applies) and inserting in lieu
thereof ``Board''; and
(3) by striking ``Commission's'' in subsection (b) and
inserting in lieu thereof ``Board's''.

b923b1308f37b93bd3562b087bb5d5d0b8ead35d65393c81dc3c593544d99d60

Section 15(a) of the Animal Welfare Act (7 U.S.C. 2145(a)) is
amended by striking ``Interstate Commerce Commission'' and inserting in
lieu thereof ``Surface Transportation Board''.

93c991c2778eda59638580fb3d6844924fcf922750ea65d28edec108912c33af

Section 401 of the Federal Election Campaign Act of 1971 is
amended--
(1) by striking ``Interstate Commerce Commission shall each
promulgate, within ninety days after the date of enactment of this
Act'' and inserting in lieu thereof ``Surface Transportation Board
shall each maintain''; and
(2) by inserting ``or Board'' after ``or such Commission''.

b9af5382f27b50876ce770555b7b1f0121ae66c0c0e80e1666f240eebdbc3ab3

Section 621(b)(4) of the Fair Credit Reporting Act (15 U.S.C.
1681s(b)(4)) is amended by striking ``Interstate Commerce Commission
with respect to any common carrier subject to those Acts'' and
inserting in lieu thereof ``Secretary of Transportation, with respect
to all carriers subject to the jurisdiction of the Surface
Transportation Board''.

d85d6bc67c1836d285548cdce4fb8a739bdb4fa9ff7bfd114e981ee779294ef5

Section 704(a)(4) of the Equal Credit Opportunity Act (15 U.S.C.
1691c(a)(4)) is amended by striking ``Interstate Commerce Commission
with respect to any common carrier subject to those Acts'' and
inserting in lieu thereof ``Secretary of Transportation, with respect
to all carriers subject to the jurisdiction of the Surface
Transportation Board''.

6404eb6b19de0d1254ab1c77497097859d0db55703bc2d88ec6cf288cdfcbf8d

Section 814(b)(4) of the Fair Debt Collection Practices Act (15
U.S.C. 1692l(b)(4)) is amended by striking ``Interstate Commerce
Commission with respect to any common carrier subject to those Acts''
and inserting in lieu thereof ``Secretary of Transportation, with
respect to all carriers subject to the jurisdiction of the Surface
Transportation Board''.

492cdc16eb65de91efe29e6a770c2cbbc3f02bad4bd2da3298f860d5d1692bb0

The National Trails System Act is amended--
(1) in section 8(d)--
(A) by striking ``Chairman of the Interstate Commerce
Commission'' and inserting in lieu thereof ``Chairman of the
Surface Transportation Board''; and
(B) by striking ``Commission'' the second place it appears
and inserting in lieu thereof ``Board''; and
(2) in section 9(b) by striking ``Interstate Commerce
Commission'' and inserting in lieu thereof ``Surface Transportation
Board''.

47e9ec804d416780ce88ed32d014e25ec9e63e20cc8f1ef4620e8db816768c08

The Clayton Act is amended--
(1) in section 7 (15 U.S.C. 18)--
(A) by striking ``Interstate Commerce Commission'' and
inserting in lieu thereof ``Surface Transportation Board''; and
(B) by inserting ``, Board,'' after ``vesting such power in
such Commission'';
(2) in section 11(a) (15 U.S.C. 21(a)) by striking ``Interstate
Commerce Commission where applicable to common carriers subject to
the Interstate Commerce Act, as amended'' and inserting in lieu
thereof ``Surface Transportation Board where applicable to common
carriers subject to jurisdiction under subtitle IV of title 49,
United States Code''; and
(3) in section 16 (15 U.S.C. 22) by striking ``in equity for
injunctive relief'' and all that follows through ``Interstate
Commerce Commission'' and inserting in lieu thereof ``for
injunctive relief against any common carrier subject to the
jurisdiction of the Surface Transportation Board under subtitle IV
of title 49, United States Code''.

8b60a558b873bf440a8ffbec56f8636e4d6ee25a37966d5a2025697ae5339d3f

Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by striking ``the Interstate Commerce Commission,''.

a0accc2705972f70167bd6d83021b0209dd0f5c3ea79da5535cd51768b13584b

Subsections (a) and (d) of section 1340 of the Energy Policy Act of
1992 (42 U.S.C. 13369 (a) and (d)) are each amended by striking
``Interstate Commerce Commission'' and inserting in lieu thereof
``Surface Transportation Board''.

a723e093600651d203a973bb149ce79f0f091e7d0e780c61a2fb11a1dbb7f0cf

The Merchant Marine Act, 1920, is amended--
(1) in section 8 (46 U.S.C. App. 867)--
(A) by striking ``Interstate Commerce Commission'' both
places it appears and inserting in lieu thereof ``Surface
Transportation Board''; and
(B) by striking ``commission'' and inserting in lieu
thereof ``Board'';
(2) in section 27A (46 U.S.C. App. 883-1) by striking ``common
or contract'' and all that follows through ``, which otherwise''
and inserting in lieu thereof ``carrier subject to jurisdiction
under subchapter II of chapter 135 of title 49, United States Code,
which otherwise''; and
(3) in section 28 (46 U.S.C. App. 884)--
(A) by striking ``common'';
(B) by striking ``Interstate Commerce Commission'' and
inserting in lieu thereof ``Surface Transportation Board''; and
(C) by striking ``commission'' each place it appears and
inserting in lieu thereof ``Board''.

661a0e4478469a9f60590ba71e309bba9a27f2bbcb4b1745f698e0c3fa543436

Section 1 of the Railway Labor Act (45 U.S.C. 151) is amended--
(1) in the first paragraph by striking ``express company,
sleeping-car company, carrier by railroad, subject to the
Interstate Commerce Act'' and inserting in lieu thereof ``railroad
subject to the jurisdiction of the Surface Transportation Board'';
(2) in the first and fifth paragraphs by striking ``Interstate
Commerce Commission'' each place it appears and inserting in lieu
thereof ``Surface Transportation Board''; and
(3) in the fifth paragraph by striking ``Commission'' the
second and fourth places it appears and inserting in lieu thereof
``Board''.

83fc78beff44909a23ea2dc8de18055afb47f7e6505c41a2b503f7b179524c0e

Section 1 of the Railroad Retirement Act of 1974 (45 U.S.C. 231) is
amended--
(1) by striking subsection (a)(1)(i) and inserting in lieu
thereof the following:
``(i) any carrier by railroad subject to the jurisdiction of
the Surface Transportation Board under part A of subtitle IV of
title 49, United States Code;'';
(2) in subsection (a)(2)(ii) by striking ``Interstate Commerce
Commission is hereby authorized and directed upon request of the
Board'' and inserting in lieu thereof ``Surface Transportation
Board is hereby authorized and directed upon request of the
Railroad Retirement Board''; and
(3) in subsection (o) by inserting ``the Surface Transportation
Board,'' after ``the Interstate Commerce Commission,''.

75833f616bd38724e40c93e519e1028486a4c4dcd518e31ced05a36abeddeaf5

The Railroad Unemployment Insurance Act is amended--
(1) in section 1(a) (45 U.S.C. 351(a)) by striking ``Interstate
Commerce Commission is hereby authorized and directed upon request
of the Board'' and inserting in lieu thereof ``Surface
Transportation Board is hereby authorized and directed upon request
of the Railroad Retirement Board'';
(2) by striking paragraph (b) of such section 1 and inserting
in lieu thereof the following:
``(b) The term `carrier' means a railroad subject to the
jurisdiction of the Surface Transportation Board under part A of
subtitle IV of title 49, United States Code.''; and
(3) by striking ``Interstate Commerce Commission, adjusted, as
determined by the Board'' in section 2(h)(3) (45 U.S.C. 352(h)(3))
and inserting in lieu thereof ``Surface Transportation Board,
adjusted, as determined by the Railroad Retirement Board''.

605b034f543d177c31634d5e645175783f0bddd89c7224ec549bccd6167f875e

The Emergency Rail Services Act of 1970 is amended--
(1) in section 2 (45 U.S.C. 661)--
(A) by striking paragraph (2) and inserting in lieu thereof
the following:
``(2) `Board' means the Surface Transportation Board.''; and
(B) in paragraph (3) by striking ``common carrier by
railroad subject to part I of the Interstate Commerce Act (49
U.S.C. 1-27)'' and inserting in lieu thereof ``rail carrier
subject to part A of subtitle IV of title 49, United States
Code'';
(2) in section 3--
(A) by striking ``the provisions of section 5 of the
Interstate Commerce Act'' in subsection (b)(4) and inserting in
lieu thereof ``subchapter II of chapter 113 of title 49, United
States Code''; and
(B) by striking ``Commission'' each place it appears and
inserting in lieu thereof ``Board''; and
(3) in section 6(a) (45 U.S.C. 665(a)) by striking ``Interstate
Commerce Commission'' and inserting in lieu thereof ``Board''.

a2f7197c113e4d3783ae270097e62609545d07da9bc71f4ed6519adcfb27e562

Section 608 of the Alaska Railroad Transfer Act of 1982 (45 U.S.C.
1207) is amended--
(1) by striking ``the jurisdiction of the Interstate Commerce
Commission under chapter 105'' in subsection (a)(1) and inserting
in lieu thereof ``part A''; and
(2) by striking ``the jurisdiction of the Interstate Commerce
Commission under chapter 105'' in subsection (c) and inserting in
lieu thereof ``part A''.

41d519e9148e0e11648cdec3dc83adaa3e3e3f8db73a41b8b99af5e44bb22ffb

The Regional Rail Reorganization Act of 1973 is amended--
(1) in section 102(15) (45 U.S.C. 702(15)) by striking ``common
carrier by railroad as defined in section 1(3) of part I of the
Interstate Commerce Act (49 U.S.C. 1(3))'' and inserting in lieu
thereof ``rail carrier subject to part A of subtitle IV of title
49, United States Code'';
(2) in section 301(b) (45 U.S.C. 741(b)) by striking ``common
carrier by railroad under section 1(3) of the Interstate Commerce
Act (49 U.S.C. 1(3))'' and inserting in lieu thereof ``rail carrier
subject to part A of subtitle IV of title 49, United States Code'';
(3) in section 304 (45 U.S.C. 744)--
(A) by striking ``205(d)(6) of this Act'' in subsection
(a)(2)(B) and inserting in lieu thereof ``10362(b)(6) of title
49, United States Code'';
(B) by striking ``Interstate Commerce Act'' and inserting
in lieu thereof ``part A of subtitle IV of title 49, United
States Code'';
(C) in subsection (d)(3)--
(i) by striking ``this title,'' and all that follows
through ``(A) shall take'' and inserting in lieu thereof
``this title, the Commission shall take''; and
(ii) by striking ``this subsection; and'' and all that
follows through ``205(d)(6) of this Act'' and inserting in
lieu thereof ``this subsection'';
(D) in subsection (e)(4)--
(i) by striking ``and under regulations issued by the
Office pursuant to section 205(d)(5) of this Act'' in
subparagraph (A); and
(ii) by striking ``and regulations issued by the Office
pursuant to section 205(d)(5) of this Act'' in subparagraph
(C);
(E) in subsection (e)(5)--
(i) by striking ``and under regulations issued by the
Office pursuant to section 205(d)(5) of this Act'' in
subparagraph (A); and
(ii) by striking ``and under regulations issued by the
Office pursuant to section 205(d)(5) of this Act'' in
subparagraph (B);
(F) in subsection (e)(7)(A) by striking ``and under
regulations issued by the Office pursuant to section 205(d)(5)
of this Act''; and
(G) in subsection (g) by striking ``the Interstate Commerce
Act'' and inserting in lieu thereof ``part A of subtitle IV of
title 49, United States Code'';
(4) in section 308 (45 U.S.C. 748)--
(A) by striking ``10905(d)-(f)'' in subsection (d)(1) and
inserting in lieu thereof ``10904''; and
(B) by striking ``10903(b)(2)'' in subsection (f) and
inserting in lieu thereof ``10903(b)(3)''; and
(5) by inserting after section 712 the following new section:
``class ii railroads receiving federal assistance
``Sec. 713. The Surface Transportation Board shall impose no labor
protection conditions in approving an application under section 10902
of title 49, United States Code, when the application involves a Class
II rail carrier which--
``(1) is headquartered in a State, and operates in at least one
State, with a population of less than 1,000,000 persons, as
determined by the 1990 census; and
``(2) has, as of January 1, 1996, been a recipient of repayable
Federal Railroad Administration assistance in excess of
$5,000,000.''.

93aa89209e156864a3e1eeab1ac66118eedb0d869346a711d3ddb8a7103a0356

Section 18 of the Milwaukee Railroad Restructuring Act (45 U.S.C.
916) is repealed.

87350c6e1e3105d162ee8d66ad1d22e0ea6531fe5a54e30a6719d40c4e427145

AMENDMENTS.
The Rock Island Railroad Transition and Employee Assistance Act is
amended--
(1) in section 104(a) (45 U.S.C. 1003(a)) by striking ``section
11125 of title 49, United States Code, or''; and
(2) by striking section 120 (45 U.S.C. 1015).

27a01c993f93e6dbd80b3abc7d30d563eeeada8e8494ea782d1457982a757d78

AMENDMENTS.
The Railroad Revitalization and Regulatory Reform Act of 1976 is
amended--
(1) in section 102(7) (45 U.S.C. 802(7)) by striking ``common
carrier by railroad or express, as defined in section 1(3) of the
Interstate Commerce Act (49 U.S.C. 1(3))'' and inserting in lieu
thereof ``rail carrier subject to part A of subtitle IV of title
49, United States Code'';
(2) in section 505(a)(3) (45 U.S.C. 825(a)(3))--
(A) by striking ``A financially responsible person (as
defined in section 10910(a)(1) of title 49, United States
Code)'' and inserting in lieu thereof ``(A) A financially
responsible person''; and
(B) by inserting at the end the following new subparagraph:
``(B) For purposes of this paragraph, the term `financially
responsible person' means a person who (i) is capable of paying the
constitutional minimum value of the railroad line proposed to be
acquired, and (ii) is able to assure that adequate transportation will
be provided over such line for a period of not less than 3 years. Such
term includes a governmental authority but does not include a class I
or class II rail carrier.'';
(3) in section 509(b) (45 U.S.C. 829(b)) by striking paragraph
(2); and
(4) in section 510 (45 U.S.C. 830) by striking ``the provisions
of section 20a of the Interstate Commerce Act (49 U.S.C. 20a),
nor''.

ad98c22efec7a877d9a27b9b6f2a29d41c4d2779fa2c9892e0b179e76401d14f

The Northeast Rail Service Act of 1981 is amended in section 1164
(45 U.S.C. 1112) by striking ``11344 or 11345'' each place it appears
and inserting in lieu thereof ``11324 or 11325''.

b6271f4e5101bacc9ed11c14d2c0ae588e0ffcd638cfa7bfa8d5f36cbd6f6378

Section 4036 of the Conrail Privatization Act (45 U.S.C. 1344) is
amended by striking ``(19)''.

cc86222b08c0f58666d3bb8f9f18e4024820b97e2b6eaebdb7f61999b1cd8147

AMENDMENTS.
Section 401(b)(2)(C) of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1841(b)(2)(C)) is amended by striking
``part II of the Interstate Commerce Act (49 U.S.C. 301 et seq.), or
any successor provision of'' and inserting in lieu thereof ``part B
of''.

0050e018163d07004d9ad51d6ab48b714c91ca678d4fc8d457c7f561c7672f4a

Section 601(d) of the Federal Aviation Administration Authorization
Act of 1994 (Public Law 103-305) is repealed.

69183065d420446af881d8796cd425eb9e8413ec9639f8d533d830c67349b3c7

(a) Repeal of Intercoastal Shipping Act, 1933.--The Intercoastal
Shipping Act, 1933 (46 U.S.C. App. 843 et seq.) is repealed effective
September 30, 1996.
(b) Repeal of Provisions of Shipping Act, 1916.--The following
provisions of the Shipping Act, 1916 are repealed effective September
30, 1996:
(1) Section 3 (46 U.S.C. App. 804).
(2) Section 14 (46 U.S.C. App. 812).
(3) Section 15 (46 U.S.C. App. 814).
(4) Section 16 (46 U.S.C. App. 815).
(5) Section 17 (46 U.S.C. App. 816).
(6) Section 18 (46 U.S.C. App. 817).
(7) Section 19 (46 U.S.C. App. 818).
(8) Section 20 (46 U.S.C. App. 819).
(9) Section 21 (46 U.S.C. App. 820).
(10) Section 22 (46 U.S.C. App. 821).
(11) Section 23 (46 U.S.C. App. 822).
(12) Section 24 (46 U.S.C. App. 823).
(13) Section 25 (46 U.S.C. App. 824).
(14) Section 27 (46 U.S.C. App. 826).
(15) Section 29 (46 U.S.C. App. 828).
(16) Section 30 (46 U.S.C. App. 829).
(17) Section 31 (46 U.S.C. App. 830).
(18) Section 32 (46 U.S.C. App. 831).
(19) Section 33 (46 U.S.C. App. 832).
(20) Section 35 (46 U.S.C. App. 833a).
(21) Section 43 (46 U.S.C. App. 841a).
(22) Section 45 (46 U.S.C. App. 841c).
(c) Conforming Amendments.--
(1) Merchant marine act, 1936.--Section 204(a) of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1114(a)) is amended by striking
``the Intercoastal Shipping Act, 1933,''.
(2) Shipping act of 1984.--Section 5(e) of the Shipping Act of
1984 (46 U.S.C. App. 1704(e)) is amended--
(A) by striking ``This Act, the Shipping Act, 1916, and the
Intercoastal Shipping Act, 1933,'' and inserting ``This Act and
the Shipping Act, 1916''; and
(B) by striking ``this Act, the Shipping Act, 1916, or the
Intercoastal Shipping Act, 1933,'' and inserting ``this Act or
the Shipping Act, 1916''.

d2b158b3b44dfcc77289457c8ca0d8d51130e32e885e536171bc497af2c80301

Section 5(2) of the Armored Car Industry Reciprocity Act of 1993
(15 U.S.C. 5904) is amended--
(1) by striking ``subchapter II of chapter 105'' and inserting
in lieu thereof ``subchapter I of chapter 135''; and
(2) by striking ``holding the appropriate certificate, permit,
or license issued under subchapter II of chapter 109'' and
inserting in lieu thereof ``is registered under chapter 139''.

c83a0c5c55d4b4511f676485eaa56135473dac549b0c2af645781107927941c6

Section 302(b)(2) of the Labor Management Relations Act, 1947 (29
U.S.C. 186(b)(2)) is amended by striking the parenthetical phrase and
inserting in lieu thereof ``(as defined in section 13102 of title 49,
United States Code)''.

eee4d227dd75bb2a37500bbf33836f6acdb0778168983436f980ded55b36fbce

Section 205(f)(1) of the Inlands Waterway Revenue Act of 1978 (33
U.S.C. 1803(f)(1)) is amended by striking ``as set forth'' and all that
follows through the period at the end and inserting in lieu thereof
``as set forth in sections 10101 and 13101 of title 49, United States
Code.''.

facf3b5d922a67599a0566812c90c5fc9eead2d389a08fcdd33ee86436d65f78

Section 18(d) of the Noise Control Act of 1972 (42 U.S.C. 4917(d))
is amended to read as follows:
``(d) For purposes of this section, the term `motor carrier'
includes a motor carrier and motor private carrier as those terms are
defined in section 13102 of title 49, United States Code.''.

bc0c4cb2d5c9ca8074961f60703c1af125669d049e409c9a49ac05ea18f383c3

Section 13(b)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(b)(2)) is amended by striking ``common carrier by rail and subject
to the provisions of part I of the Interstate Commerce Act'' and
inserting in lieu thereof ``rail carrier subject to part A of subtitle
IV of title 49, United States Code''.

00df726eb338ee0cfd7edba43fe04c18b5918d8698f386fd52f51352ecdc2db3

The licensing of a launch vehicle or launch site operator
(including any amendment, extension, or renewal of the license) under
chapter 701 of title 49, United States Code, shall not be considered a
major Federal action for purposes of section 102(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(C)) if--
(1) the Department of the Army has issued a permit for the
activity; and
(2) the Army Corps of Engineers has found that the activity has
no significant impact.

844c70c01be6fb47ee2042ba9a4f27b3910bd1e804b3dc6af21ee94b8ad92ecd

FACILITIES; WRECKING TRAINS.
(a) Destruction of Motor Vehicles or Motor Vehicle Facilities.--
Section 33 of title 18, United States Code, is amended--
(1) by inserting ``(a)'' before ``Whoever'' the first place it
appears; and
(2) by adding at the end the following:
``(b) Whoever is convicted of a violation of subsection (a)
involving a motor vehicle that, at the time the violation occurred,
carried high-level radioactive waste (as that term is defined in
section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(12))) or spent nuclear fuel (as that term is defined in section
2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))),
shall be fined under this title and imprisoned for any term of years
not less than 30, or for life.''.
(b) Wrecking Trains.--Section 1992 of such title is amended--
(1) by inserting ``(a)'' before ``Whoever'' the first place it
appears;
(2) by inserting ``(b)'' before ``Whoever is convicted'';
(3) striking ``any such crime, which'' and inserting ``a
violation of subsection (a) that'';
(4) by inserting after the paragraph beginning ``Whoever is
convicted'' the following:
``Whoever is convicted of any such violation involving a train
that, at the time the violation occurred, carried high-level
radioactive waste (as that term is defined in section 2(12) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12))) or spent
nuclear fuel (as that term is defined in section 2(23) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101(23))), shall be fined under
this title and imprisoned for any term or years not less than 30, or
for life.''; and
(5) by inserting ``(c)'' before ``A judgment''.

b4b268aaff6087d340a019e77c576a923cb606f08db2be94c48e99a6eab636ba

(a) Federal Regulations.--Section 31310 of title 49, United States
Code, is amended by adding at the end thereof the following:
``(h) Grade-Crossing Violations.--
``(1) Sanctions.--The Secretary shall issue regulations
establishing sanctions and penalties relating to violations, by
persons operating commercial motor vehicles, of laws and
regulations pertaining to railroad-highway grade crossings.
``(2) Minimum requirements.--The regulations issued under
paragraph (1) shall, at a minimum, require that--
``(A) the penalty for a single violation is not less than a
60-day disqualification of the driver's commercial driver's
license; and
``(B) any employer that knowingly allows, permits,
authorizes, or requires an employee to operate a commercial
motor vehicle in violation of such a law or regulation shall be
subject to a civil penalty of not more than $10,000.''.
(b) Deadline.--The initial regulations required under section
31310(h) of title 49, United States Code, shall be issued not later
than 1 year after the date of the enactment of this Act.
(c) State Regulations.--Section 31311(a) of title 49, United States
Code, is amended by adding at the end thereof the following:
``(18) The State shall adopt and enforce regulations prescribed
by the Secretary under section 31310(h) of this title.''.

44b2cb00c7b4160fa60daa80cb19825bf59fa039db2e6e588ab40ac71ccf030c

Section 127 of title 23, United States Code, is amended by adding
at the end the following:
``(g) Operation of Certain Specialized Hauling Vehicles on Certain
Pennsylvania Highways.--If the segment of United States Route 220
between Bedford and Bald Eagle, Pennsylvania, is designated as part of
the Interstate System, the single axle weight, tandem axle weight,
gross vehicle weight, and bridge formula limits set forth in subsection
(a) shall not apply to that segment with respect to the operation of
any vehicle which could have legally operated on that segment before
the date of the enactment of this subsection.''.

9bc9aef2a93d1cf1ffc64a0b7a9daa3a8aaf734a0a15f7700dc572bb4a63e1fb

(a) NHS Designation Act.--Effective November 28, 1995, the National
Highway System Designation Act of 1995 (Public Law 104-59) is amended--
(1) in section 312(b) (109 Stat. 584) by striking ``of such
title'' and inserting in lieu thereof ``of title 23, United States
Code'';
(2) in section 319(b)(3) (109 Stat. 589) by striking ``at the
end'' and inserting in lieu thereof ``after paragraph (3)'';
(3) in section 332(a)(1)(C)(iii) (109 Stat. 596) by inserting
closing quotation marks after ``Mexico'';
(4) in section 336(1) (109 Stat. 602)--
(A) by striking ``for'' each place it appears; and
(B) by inserting ``for'' after ``million'' each place it
appears; and
(5) by inserting closing quotation marks and a period after the
period at the end of section 337(c)(1)(B) (109 Stat. 603).
(b) Title 23.--Section 149(b) of title 23, United States Code, is
amended--
(1) by inserting ``or'' after the semicolon at the end of
paragraph (3); and
(2) by striking ``; or'' at the end of paragraph (4) and
inserting a period.
(c) ISTEA.--Section 1069(v) of the International Surface
Transportation Efficiency Act of 1991 (105 Stat. 2010) is amended by
striking the period at the end of the first sentence.

ece53431276f95cea74a46021f2fbdf7b4d9dfb5f989b7a3e8f4be4493cefcd2

(a) In General.--In the administration of chapter 51 of title 49,
United States Code, the Secretary of Transportation shall issue a final
rule within 60 days after the date of the enactment of this Act
authorizing the continued use of fiber drum packaging with a removable
head for the transportation of liquid hazardous materials with respect
to those liquid hazardous materials transported by such drums pursuant
to regulations in effect on September 30, 1991, if--
(1) the packaging is in compliance with regulations of the
Secretary under the Hazardous Materials Transportation Act as in
effect on September 30, 1991; and
(2) the packaging will not be used for the transportation of
hazardous materials that include materials which are poisonous by
inhalation or materials in Packing Groups I and II.
(b) Expiration.--The regulation referred to in subsection (a) shall
expire on the later of September 30, 1997, or the date on which funds
are authorized to be appropriated to carry out chapter 51 of title 49,
United States Code (relating to transportation of hazardous materials),
for fiscal years beginning after September 30, 1997.
(c) Study.--
(1) In general.--Within 90 days after the date of the enactment
of this Act, the Secretary shall contract with the National Academy
of Sciences to conduct a study--
(A) to determine whether the requirements of section
5103(b) of title 49, United States Code (relating to
regulations for safe transportation), as they pertain to fiber
drum packaging with a removable head can be met for the
transportation of liquid hazardous materials (with respect to
those liquid hazardous materials transported by such drums
pursuant to regulations in effect on September 30, 1991) with
standards (including fiber drum industry standards set forth in
a June 8, 1992, exemption application submitted to the
Department of Transportation), other than the performance-
oriented packaging standards adopted under docket number HM-181
contained in part 178 of title 49, Code of Federal Regulations;
and
(B) to determine whether a packaging standard (including
such fiber drum industry standards), other than such
performance-oriented packaging standards, will provide an equal
or greater level of safety for the transportation of liquid
hazardous materials than would be provided if such performance-
oriented packaging standards were in effect.
(2) Completion.--The study shall be completed before March 1,
1997 and shall be transmitted to the Committee on Commerce,
Science, and Transportation of the Senate and the Transportation
and Infrastructure Committee of the House of Representatives.
(d) Secretarial Action.--By September 30, 1997, the Secretary shall
issue final regulations to determine what standards should apply to
fiber drum packaging with a removable head for transportation of liquid
hazardous materials (with respect to those liquid hazardous materials
transported by such drums pursuant to regulations in effect on
September 30, 1991) after September 30, 1997. In issuing such
regulations, the Secretary shall give full and substantial
consideration to the results of the study conducted in subsection (c).

d298b8f0daacdd12367614f68b6feca32f0ce877fd821c9f537230144e99fdbd

Within 6 months after the effective date of this Act, the Secretary
of Transportation shall transmit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a study that
analyzes each of the noncontiguous domestic trades, including
analyzing--
(1) carrier competition in both regulated and unregulated
portions of those trades;
(2) rate structures in those trades;
(3) the impact of tariff filing on carrier pricing;
(4) the problems of parallel pricing and its impact on
competition in the domestic trades;
(5) the impact on domestic cargo pricing of foreign cargo
services;
(6) whether additional protections are needed to protect
shippers from the abuse of market power; and
(7) the extent to which statutory or regulatory changes should
be made to further the transportation policy of section 13101 of
title 49, United States Code.

a9e7708139d9590dc078e964de36318f0874e09425d36b4401f85f4c85df7788

(a) Advance Notice.--The Federal Highway Administration shall issue
an advance notice of proposed rulemaking dealing with a variety of
fatigue-related issues pertaining to commercial motor vehicle motor
vehicle safety (including 8 hours of continuous sleep after 10 hours of
driving, loading and unloading operations, automated and tamper-proof
recording devices, rest and recovery cycles, fatigue and stress in
longer combination vehicles, fitness for duty, and other appropriate
regulatory and enforcement countermeasures for reducing fatigue-related
incidents and increasing driver alertness) not later than March 1,
1996.
(b) Rulemaking.--The Federal Highway Administration shall issue a
notice of proposed rulemaking dealing with such issues within 1 year
after issuance of the advance notice under subsection (a) is published
and shall issue a final rule dealing with those issues within 2 years
after the last day of such 1-year period.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

5ee5194c1404ceb744b929f5f423426744a2e258d0505816330f16af04da72ef

ICC Termination Act of 1995

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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