Pub.L. 104-89 To extend authorities under the Middle East Peace Facilitation Act of 1994 until March 31, 1996, and for other purposes. <> ...

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Public Law 104-88
104th Congress

                                 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. <<NOTE: Dec. 29, 1995 -  [H.R. 
                                2539]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: ICC Termination 
Act of 1995. Government organization.>> 

SECTION 1. <<NOTE: 49 USC 101 note.>> SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Effective date.

          TITLE I--ABOLITION OF INTERSTATE COMMERCE COMMISSION

Sec. 101. Abolition.
Sec. 102. Rail provisions.
Sec. 103. Motor carrier, water carrier, and freight forwarder 
                    provisions.
Sec. 104. Miscellaneous motor carrier provisions.
Sec. 105. Creditability of annual leave for purposes of meeting minimum 
                    eligibility requirements for an immediate annuity.
Sec. 106. Pipeline carrier provisions.

                 TITLE II--SURFACE TRANSPORTATION BOARD

Sec. 201. Title 49 amendment.
Sec. 202. Reorganization.
Sec. 203. Transfer of assets and personnel.
Sec. 204. Saving provisions.
Sec. 205. References.

                    TITLE III--CONFORMING AMENDMENTS

              Subtitle A--Amendments to United States Code

Sec. 301. Title 5 amendments.
Sec. 302. Title 11 amendments.
Sec. 303. Title 18 amendments.
Sec. 304. Internal Revenue Code of 1986 amendments.
Sec. 305. Title 28 amendments.
Sec. 306. Title 31 amendments.
Sec. 307. Title 39 amendments.
Sec. 308. Title 49 amendments.

                      Subtitle B--Other Amendments

Sec. 311. Agricultural Adjustment Act of 1938 amendments.
Sec. 312. Animal Welfare Act amendment.
Sec. 313. Federal Election Campaign Act of 1971 amendments.
Sec. 314. Fair Credit Reporting Act amendment.
Sec. 315. Equal Credit Opportunity Act amendment.
Sec. 316. Fair Debt Collection Practices Act amendment.
Sec. 317. National Trails System Act amendments.
Sec. 318. Clayton Act amendments.
Sec. 319. Inspector General Act of 1978 amendment.
Sec. 320. Energy Policy Act of 1992 amendments.

[[Page 109 STAT. 804]]

Sec. 321. Merchant Marine Act, 1920, amendments.
Sec. 322. Railway Labor Act amendments.
Sec. 323. Railroad Retirement Act of 1974 amendments.
Sec. 324. Railroad Unemployment Insurance Act amendments.
Sec. 325. Emergency Rail Services Act of 1970 amendments.
Sec. 326. Alaska Railroad Transfer Act of 1982 amendments.
Sec. 327. Regional Rail Reorganization Act of 1973 amendments.
Sec. 328. Milwaukee Railroad Restructuring Act amendment.
Sec. 329. Rock Island Railroad Transition and Employee Assistance Act 
                    amendments.
Sec. 330. Railroad Revitalization and Regulatory Reform Act of 1976 
                    amendments.
Sec. 331. Northeast Rail Service Act of 1981 amendments.
Sec. 332. Conrail Privatization Act amendment.
Sec. 333. Migrant and Seasonal Agricultural Worker Protection Act 
                    amendments.
Sec. 334. Federal Aviation Administration Authorization Act of 1994.
Sec. 335. Termination of certain maritime authority.
Sec. 336. Armored Car Industry Reciprocity Act of 1993 amendments.
Sec. 337. Labor Management Relations Act, 1947 amendment.
Sec. 338. Inlands Waterway Revenue Act of 1978 amendment.
Sec. 339. Noise Control Act of 1972 amendment.
Sec. 340. Fair Labor Standards Act of 1938 amendment.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Certain commercial space launch activities.
Sec. 402. Destruction of motor vehicles or motor vehicle facilities; 
                    wrecking trains.
Sec. 403. Violation of grade-crossing laws and regulations.
Sec. 404. Miscellaneous title 23 amendments.
Sec. 405. Technical amendments.
Sec. 406. Fiber drum packaging.
Sec. 407. Noncontiguous domestic trade study.
Sec. 408. Federal Highway Administration rulemaking.

SEC. 2. <<NOTE: 49 USC 701 note.>> EFFECTIVE DATE.

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

          TITLE I--ABOLITION OF INTERSTATE COMMERCE COMMISSION

SEC. 101. <<NOTE: 49 USC 701 note.>> ABOLITION.

    The Interstate Commerce Commission is abolished.

SEC. 102. RAIL PROVISIONS.

    (a) Amendment.--Subtitle IV of title 49, United States Code, is 
amended to read as follows:

                ``SUBTITLE IV--INTERSTATE TRANSPORTATION

                             ``PART A--RAIL

``Chapter                     Sec.......................................
            GENERAL PROVISIONS                                     10101
            JURISDICTION                                           10501
            RATES.                                                 10701
            LICENSING                                              10901
            OPERATIONS                                             11101
            FINANCE                                                11301
            FEDERAL-STATE RELATIONS                                11501
            ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES      11701
            CIVIL AND CRIMINAL PENALTIES                           11901

     ``PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT 
                               FORWARDERS

``Chapter                     Sec.......................................
            GENERAL PROVISIONS                                     13101

[[Page 109 STAT. 805]]

            ADMINISTRATIVE PROVISIONS                              13301
            JURISDICTION                                           13501
            RATES AND THROUGH ROUTES                               13701
            REGISTRATION                                           13901
            OPERATIONS OF CARRIERS                                 14101
            FINANCE                                                14301
            FEDERAL-STATE RELATIONS                                14501
            ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES          14701
            CIVIL AND CRIMINAL PENALTIES                           14901

                       ``PART C--PIPELINE CARRIERS

``Chapter                     Sec.......................................
            GENERAL PROVISIONS                                     15101
            JURISDICTION                                           15301
            RATES AND TARIFFS                                      15501
            OPERATIONS OF CARRIERS                                 15701
            ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES      15901
            CIVIL AND CRIMINAL PENALTIES                           16101

                             ``PART A--RAIL

                    ``CHAPTER 101--GENERAL PROVISIONS

``Sec.
``10101. Rail transportation policy.
``10102. Definitions.

``Sec. 10101. Rail transportation policy

    ``In regulating the railroad industry, it is the policy of the 
United States Government--
            ``(1) to allow, to the maximum extent possible, competition 
        and the demand for services to establish reasonable rates for 
        transportation by rail;
            ``(2) to minimize the need for Federal regulatory control 
        over the rail transportation system and to require fair and 
        expeditious regulatory decisions when regulation is required;
            ``(3) to promote a safe and efficient rail transportation 
        system by allowing rail carriers to earn adequate revenues, as 
        determined by the Board;
            ``(4) to ensure the development and continuation of a sound 
        rail transportation system with effective competition among rail 
        carriers and with other modes, to meet the needs of the public 
        and the national defense;
            ``(5) to foster sound economic conditions in transportation 
        and to ensure effective competition and coordination between 
        rail carriers and other modes;
            ``(6) to maintain reasonable rates where there is an absence 
        of effective competition and where rail rates provide revenues 
        which exceed the amount necessary to maintain the rail system 
        and to attract capital;
            ``(7) to reduce regulatory barriers to entry into and exit 
        from the industry;
            ``(8) to operate transportation facilities and equipment 
        without detriment to the public health and safety;
            ``(9) to encourage honest and efficient management of 
        railroads;
            ``(10) to require rail carriers, to the maximum extent 
        practicable, to rely on individual rate increases, and to limit 
        the use of increases of general applicability;
            ``(11) to encourage fair wages and safe and suitable working 
        conditions in the railroad industry;

[[Page 109 STAT. 806]]

            ``(12) to prohibit predatory pricing and practices, to avoid 
        undue concentrations of market power, and to prohibit unlawful 
        discrimination;
            ``(13) to ensure the availability of accurate cost 
        information in regulatory proceedings, while minimizing the 
        burden on rail carriers of developing and maintaining the 
        capability of providing such information;
            ``(14) to encourage and promote energy conservation; and
            ``(15) to provide for the expeditious handling and 
        resolution of all proceedings required or permitted to be 
        brought under this part.

``Sec. 10102. Definitions

    ``In this part--
            ``(1) `Board' means the Surface Transportation Board;
            ``(2) `car service' includes (A) the use, control, supply, 
        movement, distribution, exchange, interchange, and return of 
        locomotives, cars, other vehicles, and special types of 
        equipment used in the transportation of property by a rail 
        carrier, and (B) the supply of trains by a rail carrier;
            ``(3) `control', when referring to a relationship between 
        persons, includes actual control, legal control, and the power 
        to exercise control, through or by (A) common directors, 
        officers, stockholders, a voting trust, or a holding or 
        investment company, or (B) any other means;
            ``(4) `person', in addition to its meaning under section 1 
        of title 1, includes a trustee, receiver, assignee, or personal 
        representative of a person;
            ``(5) `rail carrier' means a person providing common carrier 
        railroad transportation for compensation, but does not include 
        street, suburban, or interurban electric railways not operated 
        as part of the general system of rail transportation;
            ``(6) `railroad' includes--
                    ``(A) a bridge, car float, lighter, ferry, and 
                intermodal equipment used by or in connection with a 
                railroad;
                    ``(B) the road used by a rail carrier and owned by 
                it or operated under an agreement; and
                    ``(C) a switch, spur, track, terminal, terminal 
                facility, and a freight depot, yard, and ground, used or 
                necessary for transportation;
            ``(7) `rate' means a rate or charge for transportation;
            ``(8) `State' means a State of the United States and the 
        District of Columbia;
            ``(9) `transportation' includes--
                    ``(A) a locomotive, car, vehicle, vessel, warehouse, 
                wharf, pier, dock, yard, property, facility, 
                instrumentality, or equipment of any kind related to the 
                movement of passengers or property, or both, by rail, 
                regardless of ownership or an agreement concerning use; 
                and
                    ``(B) services related to that movement, including 
                receipt, delivery, elevation, transfer in transit, 
                refrigeration, icing, ventilation, storage, handling, 
                and interchange of passengers and property; and
            ``(10) `United States' means the States of the United States 
        and the District of Columbia.

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                       ``CHAPTER 105--JURISDICTION

``Sec.
``10501. General jurisdiction.
``10502. Authority to exempt rail carrier transportation.

``Sec. 10501. General jurisdiction

    ``(a)(1) Subject to this chapter, the Board has jurisdiction over 
transportation by rail carrier that is--
            ``(A) only by railroad; or
            ``(B) by railroad and water, when the transportation is 
        under common control, management, or arrangement for a 
        continuous carriage or shipment.

    ``(2) Jurisdiction under paragraph (1) applies only to 
transportation in the United States between a place in--
            ``(A) a State and a place in the same or another State as 
        part of the interstate rail network;
            ``(B) a State and a place in a territory or possession of 

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