[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1436 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 1436
To amend subtitle IV of title 49, United States Code, to eliminate
unnecessary regulation of transportation industries, to streamline
regulation of rail carriers, to sunset the Interstate Commerce
Commission, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 1995
Mr. Lipinski (for himself and Mr. Mineta) (both by request) introduced
the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend subtitle IV of title 49, United States Code, to eliminate
unnecessary regulation of transportation industries, to streamline
regulation of rail carriers, to sunset the Interstate Commerce
Commission, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the ``Interstate Commerce Commission Sunset Act of 1995''.
purpose of the act
Sec. 2. This Act is a part of the continuing effort by Congress to
eliminate unnecessary and burdensome government regulation of our
Nation's transportation industries and to streamline the remaining
regulation in order to improve the productivity and competitiveness of
United States industries in domestic and world markets.
findings
Sec. 3. Findings.--The Congress finds that--
(a) a safe, sound, competitive, and efficient
transportation system is vital to the maintenance of a strong
national economy, an improved balance of payments, and a strong
national defense;
(b) protective regulation is outdated, unnecessary and has
resulted in operating and pricing inefficiencies, has tended to
suppress technological and managerial innovation, and has
tended to restrict the range of price and service options
available to shippers and passengers;
(c) available evidence suggests that many billions of
dollars in savings to consumers and a broad range of United
States industries have already accrued from recent
transportation reforms, and that removal of the remaining
regulations and adoption of additional transportation
productivity measures will result in additional consumer
benefits and savings that will enable United States companies
to become more productive and competitive in domestic and world
markets;
(d) the Interstate Commerce Commission's regulatory
responsibilities over the transportation of property by
railroads should be reduced and transferred to the Departments
of Transportation and Labor;
(e) antitrust immunity for regulated carriers should be
eliminated and such carriers should be subject to the normal
antitrust laws applicable to most industries;
(f) the Interstate Commerce Commission should cease
operation as of September 30, 1996; and
(g) legislative and resulting changes should be implemented
with the least amount of disruption consistent with achieving
the reforms enacted.
termination of authority
Sec. 4. (a) Section 307 of title 49, United States Code, is
repealed.
(b) The following provisions of chapter 103 of title 49, United
States Code, are repealed effective September 30, 1996:
(1) Section 10301.
(2) Section 10302.
(3) Section 10304.
(4) Section 10305.
(5) Section 10306.
(6) Section 10307.
(7) Section 10308.
(8) Section 10309.
(9) Section 10310(b).
(10) Section 10311.
(11) Section 10322.
(12) Section 10326.
(13) Subsection (b) of section 10328.
(14) Subsections 10329(a)(2), 10329(c) (2) and (3), and
10329(e).
(15) Subsection 10330.
(16) Subchapter III--Joint Boards.
(17) Section 10361.
(18) Section 10362.
(19) Section 10363.
(20) Section 10364.
(21) Subchapter V--Office of Rail Public Counsel.
(c) The following provisions of chapter 105 of title 49, United
States Code, are repealed effective September 30, 1996, except for
section 10530:
(1) Section 10502.
(2) Section 10503.
(3) Section 10504.
(4) Sections 10521 through 10531.
(5) Subchapter III.
(6) Subchapter IV.
(d) The following provisions of chapter 107 of title 49, United
States Code, are repealed effective September 30, 1996:
(1) Subsections (c), (d), and (e) of section 10701.
(2) Subsection (c) of section 10701a.
(3) Section 10702.
(4) Section 10703.
(5) Section 10705a.
(6) Section 10706.
(7) Section 10707.
(8) Section 10708.
(9) Section 10710.
(10) Section 10711.
(11) Section 10712.
(12) Section 10722.
(13) Section 10723.
(14) Section 10724.
(15) Section 10725.
(16) Section 10726.
(17) Section 10728.
(18) Section 10730.
(19) Section 10731.
(20) Section 10733.
(21) Section 10734.
(22) Section 10735.
(23) Section 10741.
(24) Section 10742.
(25) Section 10743.
(26) Section 10744.
(27) Section 10745.
(28) Section 10746.
(29) Section 10747.
(30) Section 10748.
(31) Section 10749.
(32) Section 10751.
(33) Section 10761.
(34) Subsections (a)(1), (a)(2), (b), (c), (d), (e), (f),
(g), and (j) of section 10762.
(35) Subsections (b) and (c) of section 10763.
(36) Section 10764.
(37) Section 10765.
(38) Section 10766.
(39) Section 10767.
(40) Subchapter V of chapter 107.
(e) The following provisions of chapter 109 of title 49, United
States Code, are repealed effective September 30, 1996:
(1) Subsections (a), (b), and (c) of section 10901.
(2) Section 10902.
(3) Section 10904.
(4) Subsection (a) of section 10907.
(5) Section 10908.
(6) Section 10909.
(7) Subchapter II of chapter 109.
(f) The following provisions of chapter 111 of title 49, United
States Code, are repealed effective September 30, 1996:
(1) Subsections (b) and (c) of section 11101.
(2) Section 11102.
(3) Section 11105.
(4) Section 11106.
(5) Section 11108.
(6) Section 11110.
(7) Section 11111.
(8) Section 11121.
(9) Section 11124.
(10) Section 11126.
(11) Section 11127.
(12) Section 11142.
(13) Section 11161.
(14) Section 11162.
(15) Section 11163.
(16) Section 11164.
(17) Section 11167.
(18) Section 11168.
(g) The following provisions of chapter 113 of title 49, United
States Code, are repealed effective September 30, 1996:
(1) Section 11301.
(2) Section 11304.
(3) Section 11321.
(4) Section 11322.
(5) Section 11323.
(6) Section 11341.
(7) Section 11342.
(8) Section 11343.
(9) Section 11344.
(10) Section 11345.
(11) Section 11345a.
(12) Section 11346.
(13) Section 11348.
(14) Section 11349.
(15) Section 11350.
(16) Section 11351.
(17) Section 11361.
(18) Section 11362.
(19) Section 11363.
(20) Section 11364.
(21) Section 11365.
(22) Section 11366.
(23) Section 11367.
(h) The following provisions of chapter 115 of title 49, United
States Code, are repealed effective September 30, 1996:
(1) Section 11502.
(2) Section 11505.
(3) Section 11506.
(4) Section 11507.
(i) The following provisions of chapter 117 of title 49, United
States Code, are repealed effective September 30, 1996:
(1) Section 11702.
(2) Section 11704.
(3) Section 11708.
(4) Section 11709.
(5) Section 11711.
(6) Section 11712.
(j) The following provisions of chapter 119 of title 49, United
States Code, are repealed effective September 30, 1996:
(1) Section 11901 (c) and (g) through (l).
(2) Section 11902.
(3) Section 11903.
(4) Section 11904.
(5) Section 11905.
(6) Section 11906.
(7) Section 11907.
(8) Section 11908.
(9) Subsections (b), (c), and (d) of section 11909.
(10) Section 11911.
(11) Section 11912.
(12) Section 11913a.
(13) Subsections (b), (c), and (d) of section 11914.
(14) Section 11916.
(15) Section 11917.
transfer of authority to department of transportation
Sec. 5. (a) For purposes of the authorities transferred by this
section, unless otherwise specified, the following provisions are
amended in general by striking reference to the ``Interstate Commerce
Commission'' or ``Commission'' wherever those terms appear and
inserting ``Secretary'' in lieu thereof where appropriate.
(b) There are hereby transferred to and vested in the Secretary of
Transportation all functions, powers and duties of the Interstate
Commerce Commission under the following sections of chapter 101 of
title 49, United States Code, effective September 30, 1996:
(1) Section 10101 is amended in subsection (a) as follows:
(A) By striking ``to provide for the impartial
regulation of the modes of transportation subject to
this subtitle, and--''.
(B) By amending subparagraphs (1) and (2) to read
as follows:
``(1) to promote safe, adequate, economical, and efficient
transportation; and
``(2) to cooperate with each State and the officials of
each State on transportation matters.''.
(C) By striking subparagraph (3).
(2) Section 10101a, is amended by striking paragraphs (11)
and (13).
(3) Section 10102, is amended as follows:
(A) In subparagraph (4)--
(i) by striking ``an express carrier, a
pipeline carrier,'';
(ii) by striking ``a sleeping car
carrier,''; and
(iii) by striking ``household goods''.
(B) By striking subparagraph (5).
(C) In subparagraph (6), by striking ``and'' and
inserting a comma in lieu thereof and by inserting
``and a freight forwarder'' at the end of subparagraph.
(D) By striking subparagraph (8).
(E) In subparagraph (9)--
(i) by striking ``holding itself out to the
general public (other than as an express,
pipeline, rail, sleeping car, motor, or water
carrier) to provide'' and inserting ``that
provides'' in lieu thereof;
(ii) by inserting ``and'' after the
semicolon following subparagraph (A);
(iii) by striking ``and'' after the
semicolon following subparagraph (B) and
inserting a period in lieu thereof; and
(iv) in subparagraph (C) by inserting
before the word ``carrier'' the following:
``motor, water or rail'' and by striking
``subject to the jurisdiction of the Interstate
Commerce Commission under subchapter I, II, or
III of chapter 105 of this title''.
(F) In subparagraph (11) by striking ``as the
Commission may provide by regulation'' each time it
appears.
(G) By striking subparagraph (12).
(H) In subparagraph (13)(B) by striking ``approved
under section 10706(b)''.
(I) By inserting after the definition of
``individually determined rate, classification, rule,
or practice'' a new subparagraph as follows:
``(11) `interstate transportation' means transportation--
``(A) between a place in--
``(i) a State and a place in another State;
``(ii) a State and another place in the
same State through another State;
``(iii) the United States and a place in a
territory or possession of the United States to
the extent the transportation is in the United
States or on the high seas;
``(iv) the United States and another place
in the United States through a foreign country
to the extent the transportation is in the
United States; or
``(v) the United States and a place in a
foreign country to the extent the
transportation is in the United States; and
``(B) in a reservation under the exclusive
jurisdiction of the United States or on a public
highway.''.
(J) In subparagraph (15) by inserting ``except that
after the date of enactment of this Act, it shall mean
a motor carrier'' at the end of the sentence.
(K) Subparagraph (16) is amended to read as
follows:
``(16) `motor contract carrier' means a person, other than
a motor common carrier, providing motor vehicle transportation
for compensation under continuing agreements with a person or a
number of persons, except that after the date of enactment of
this Act, it shall mean a motor carrier.''.
(L) In subparagraph (17)(A) by striking ``as
provided in section 10521 (a) (1) and (2) of this
title'' and inserting ``interstate transportation'' in
lieu thereof.
(M) In subparagraph (18) by striking ``determined
by the Commission'' and inserting ``thereof'' in lieu
thereof.
(N) By striking subparagraph (21).
(O) In subparagraph (23) by striking ``lighter, and
ferry'' and inserting ``and ferry'' in lieu thereof.
(P) In subparagraph (24) by striking ``, fare,''.
(Q) By striking subparagraph (25).
(R) In subparagraph (28)--
(i) in subparagraph (A) by striking ``of
passengers or'' and by striking ``, or both,
'', and
(ii) in subparagraph (B) by striking
``passengers and''.
(S) In subparagraph (33) by striking ``subject to
the jurisdiction of the Commission under this
subtitle''; and
(T) By redesignating the subparagraphs of section
10102, as amended, as subparagraphs (1) through (29),
respectively.
(4) Section 10103.
(c) There are hereby transferred to and vested in the Secretary of
Transportation all functions, powers and duties of the Interstate
Commerce Commission under the following sections of chapter 103 of
title 49, United States Code, effective September 30, 1996:
(1) Section 10303, as amended by striking subparagraph (a)
and the designator ``(b)''.
(2) Subsection (a) of section 10310.
(3) Section 10321, is amended as follows:
(A) By striking ``, and brokers for,'' in
subsection (b)(1).
(B) By striking ``or brokers'' and ``or broker'' in
subsection (b)(2).
(C) By striking ``, brokers,'' in subsection
(b)(3).
(D) By repealing subsection (b)(4).
(E) In subsection (c)(1) by striking ``The
Commission, an individual Commissioner, an employee
board, an employee delegated to act under section 10305
of this title'' and inserting ``the Secretary,'' in
lieu thereof and in the second sentence by striking
``the Commission'' where it first appears and inserting
in lieu thereof ``the Attorney General, on behalf of
the Secretary,''.
(F) By striking subparagraph (c)(2).
(4) Section 10324.
(5) Section 10327, is amended to read as follows:
``Sec. 10327. Rules of procedure
``(a) The Secretary shall promulgate rules establishing simplified
procedures for the disposition of proceedings under this subtitle. Such
rules shall provide for adequate notice and an opportunity for any
interested person to file appropriate written evidence and argument but
need not provide for oral evidentiary hearings.
``(b) The Secretary may use such simplified procedures in any case
if the Secretary determines that the use of such simplified procedures
is in the public interest. The rules adopted by the Secretary pursuant
to this section shall, to the extent the Secretary finds it
practicable, set forth the standards the Secretary intends to apply in
determining whether to employ such simplified procedures, and in
deciding cases in which such procedures are employed.''
(6) Section 10328(a).
(7) Section 10329 as follows:
(A) Subparagraph (a)(1).
(B) Subparagraph (b), except for the second
sentence dealing with transportation by motor carrier
or broker.
(C) Subparagraph (c)(1), insofar as it applies to
rail carriers.
(D) Subparagraph (d), insofar as it applies to rail
carriers and amended by striking ``in fact who filed
the tariff''.
(d) There are hereby transferred to and vested in the Secretary of
Transportation all functions, 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 rail and water carrier,
effective September 30, 1996:
(1) Section 10501 is amended by adding ``of property''
after ``transportation'' in the first sentence.
(2) Section 10505, is amended by:
(A) Striking ``and motor carrier'' in the title.
(B) Striking the phrase ``or a motor carrier
providing transportation of property other than
household goods, or in noncontiguous domestic trade,''
in subsections (a) and (f).
(C) Striking subsection (b).
(D) Amending subsection (g) to read as follows.
``(g) The Secretary may not exercise this authority to relieve a
carrier of its obligation to protect the interests of employees as
required by this subtitle.''.
(E) Redesignating subsections (c), (d), (e), and
(f) as (b), (c), (d), and (e), respectively.
(e) There are hereby transferred to and vested in the Secretary of
Transportation all functions, powers and duties of the Interstate
Commerce Commission under the following sections of chapter 107 of
title 49, United States Code, effective September 30, 1996:
(1) Section 10701, is amended as follows:
(A) By amending subsection (a) to read as follows:
``(a) A classification, rule or practice related to transportation
or service provided by a rail carrier subject to the jurisdiction of
the Secretary of Transportation under chapter 105 of this title must be
reasonable when the Secretary determines under section 10709 of this
title that the rail carrier has market dominance over the
transportation.''.
(B) In subsection (f) by--
(i) striking in subparagraph (1), ``under
subchapter II of chapter 105 of this title''
wherever it occurs;
(ii) striking in subparagraph (B)(i),
``Commission'' and inserting ``Commission at
the time that the claim arose'' in lieu
thereof;
(iii) striking subparagraph (7);
(iv) striking in subparagraph (8), ``(1)
through (7)'' and inserting ``(1) through (6)
each time it appears; and
(v) in subparagraph (9), striking ``as
defined in section 10733'' and inserting in
lieu thereof ``meaning waste products for
recycling or reuse in the furtherance of
recognized pollution control programs.''
(2) Section 2(e) of Public Law 103-180 (the Negotiated
Rates Act of 1993), codified at 49 U.S.C. 10701 note, is
amended by--
(A) striking ``under subchapter II of chapter 105
of such title''; and
(B) striking ``provided before September 30,
1990,''.
(3) Subsections (a) and (b) of section 10701a.
(4) Section 10704 is amended by--
(A) amending subsection (a) to read as follows:
``If the Secretary determines, under section 10709 of this title,
on the Secretary's own initiative or on complaint, that a rail carrier
subject to the jurisdiction of the Secretary under subchapter I of
chapter 105 has market dominance over the transportation to which a
particular rate of that carrier applies and that such rate does or will
violate this subtitle, the Secretary may prescribe the rate,
classification, rule, or practice to be followed. The Secretary may
order the carrier to stop the violation. When a rate, classification,
rule, or practice is prescribed under this section, the affected rail
carrier may not charge or collect a different rate and shall adopt the
classification and observe the rule or practice prescribed by the
Secretary.''.
(B) by redesignating (a)(2) as subsection (b); and
(C) by striking the remainder of the section.
(5) Section 10705 is amended to read as follows:
``If the Secretary determines, under subchapter I of chapter 105
has market dominance under section 10709 of this title, on the
Secretary's own initiative or on complaint, that a rail carrier subject
to the jurisdiction of the Secretary over the transportation to which a
particular through route, joint classification, joint rate, or division
of a joint rate of that carrier applies and that such through route,
joint classification, joint rate, or division of a joint rate does or
will violate this subtitle, the Secretary may prescribe the through
route, joint classification, joint rate, or division of a joint rate to
be followed. The Secretary may order the carrier to stop the violation.
A through route, joint classification, joint rate, or division of a
joint rate prescribed under this subsection shall be followed by the
affected rail carrier, who may not implement a different through route,
joint classification, joint rate, or division of a joint rate.''.
(6) Section 10707a is amended as follows:
(A) In subparagraph (b) by striking ``plus any rate
increases implemented under subsections (c) or (d) of
this section'', and by striking subparagraph (3).
(B) By striking subsection (c), (d), and (e).
(C) By redesignating subsections (f), (g), and (h)
as subsections (c), (d), and (e), respectively.
(7) Section 10709, is amended as follows:
(A) In subsection (b) by--
(i) striking ``within 90 days after the
start of a proceeding under section 10707 of
this title to investigate the lawfulness of
that rate,'' and inserting ``upon complaint''
in lieu thereof;
(ii) striking ``proposing'' and inserting
``charging'' in lieu thereof; and
(iii) striking the second sentence.
(B) In subsection (c) by--
(i) striking the word ``proposed''; and
(ii) striking the last two sentences;
(C) In subsection (d) by--
(i) striking subparagraph (1)(B)(i);
(ii) in subparagraph (2), inserting after
``less than'' the term ``180 percent.'' and
striking the remainder of the subparagraph. The
repeal of the 10709(d)(2) (A) through (E) does
not alter standards for cases pending on the
date of enactment of the Interstate Commerce
Commission Sunset Act of 1995.;
(iii) in subparagraph (3), by striking
``pursuant to section 10705a(m)(1) of this
title, with adjustments specified'' and
striking the last sentence; and
(iv) by striking subparagraph (5).
(8) Section 10713, is amended to read as follows:
``Sec. 10713. Contracts
``(a) One or more rail carriers providing transportation subject to
the jurisdiction of the Secretary under subchapter 1 of chapter 105 of
this title may enter into a contract with one or more purchasers of
rail services to provide specific services under specified rates and
conditions.
``(b) A contract specifically referencing provisions of this
section shall not be subject to this subtitle, and may not be
subsequently challenged before the Secretary or in any court on the
grounds that such contract violates a provision of this subtitle.
``(c) The exclusive remedy for any alleged breach of a contract
entered into under this section shall be an action in an appropriate
State court or United States district court, unless the parties
otherwise agree.''.
(9) Section 10721 is amended to read as follows:
``Sec. 10721. Government traffic
``A carrier providing transportation or service for the United
States Government may transport property or individuals for the United
States Government without charge or at a rate reduced from the
applicable commercial rate. Section 3709 of the Revised Statutes (41
U.S.C. 5) does not apply when transportation for the United States
Government can be obtained from a carrier lawfully operating in the
area where the transportation would be provided.''.
(10) Section 10750.
(11) Subsections (a)(3)-(a)(5), and subsections (h) and (i)
of section 10762, as amended by striking the last sentence in
each.
(12) Section 10763, as amended by striking ``(a)(1)'' and
inserting ``(a)'' in lieu thereof and by striking ``(a)(2)''
and inserting ``(b)'' in lieu thereof.
(f) There are hereby transferred to and vested in the Secretary of
Transportation all functions, powers, and duties of the Interstate
Commerce Commission under the following sections of chapter 109 of
title 49, United States Code, effective September 30, 1996:
(1) Section 10901 is amended as follows:
(A) By amending the title of the section to read
``Rail Line Crossings for New Lines''.
(B) In subsection (d) by--
(i) striking ``Where a rail carrier has
been issued a certificate of public convenience
and necessity by the Commission authorizing the
construction or extension of'' and inserting
``Where a rail carrier desires to construct or
extend'' in lieu thereof; and
(ii) redesignating subsection (d) as new
subsection (a); and
(C) In subsection (e) by--
(i) striking ``Commission'' and inserting
in lieu thereof ``Secretary of Labor''; and
(ii) redesignating subsection (e) as new
subsection (b).
(2) Section 10903 is amended to read as follows:
``(a) A rail carrier providing transportation subject to the
jurisdiction of the Secretary under subchapter I of chapter 105 of this
title may--
``(1) abandon any part of its railroad lines; or
``(2) discontinue the operation of all rail transportation
over any part of its railroad lines, 60 days after filing a
notice of intent to abandon or discontinue a rail line with the
Secretary, except as provided in subsection (e) of this
section, but only if approved by the Secretary. Upon compliance
with the requirements of this section, the Secretary shall
certify that all requirements have been met. As a condition of
such certification, the Secretary shall include provisions to
protect the interests of employees. The provisions shall be at
least as beneficial to those interests as the provisions
established under section 11347 and section 405(b) of the Rail
Passenger Service Act (45 U.S.C. 565(b)).
``(b) A notice of intent filed with the Secretary shall contain--
``(1) a description of the line that will be abandoned or
discontinued and the date of such proposed abandonment or
discontinuance;
``(2) a statement that the line is available for subsidy or
sale in accordance with section 10905 of this title;
``(3) a statement that the carrier shall promptly provide
to each interested party an estimate of the subsidy and minimum
purchase price required to keep the line in operation,
calculated in accordance with section 10905 of this title, and
``(4) the name and business address of the person who is
authorized to discuss the sale or subsidy terms for the
carrier.
``(c) The rail carrier shall--
``(1) send, by certified mail, a copy of the notice of
intent to the chief executive officer of each State that would
be directly affected by the proposed abandonment or
discontinuance;
``(2) post a copy of the notice in each terminal and
station on each portion of a railroad line proposed to be
abandoned or over which rail transportation is to be
discontinued;
``(3) publish a copy of the notice for three consecutive
weeks in a newspaper of general circulation in each county in
which each such portion is located; and
``(4) mail a copy of the notice, to the extent practicable,
to all shippers that have made significant us of the railroad
line during the 12 months preceding the filing of the
application.
``(d) A rail carrier may file a notice of intent with the Secretary
only after complying with subsection (c) above. Such notice shall
include an affidavit certifying the rail carrier performed all the
actions required by subsection (c) above within the 30 days immediately
preceding the filing of the notice.
``(e) Any time after the issuance of the notice of intent and
before the abandonment or discontinuance of the line, a person may
submit a notice of intent to make an offer to pay the carrier a subsidy
or offer to purchase the line to assure the continued operation of the
line. If a notice of intent to make an offer is received by the owner
of the railroad line, the line may not be abandoned pending the full
consideration of the offer in accordance with the provisions of section
10905.''.
(3) Section 10905, is amended by--
(A) in subsection (b) by striking ``an application
for a certificate of abandonment or discontinuance''
and inserting ``a notice of intent to abandon or
discontinue a rail line with the Secretary'' in lieu
thereof.
(B) in subsection (c) by--
(i) striking the first two sentences and
inserting ``At any time prior to abandonment, a
person may submit to the carrier a notice of
intent to make an offer to subsidize or
purchase the line under section 10903.'' in
lieu thereof; and
(ii) adding ``The owner of the railroad
line shall give full consideration to the
offer.'' at the end of subsection (c).
(C) redesignating subsection (d) as new subsection
(e) and amending it by--
(i) striking ``If, within 15 days after the
publication required in subsection (c) of this
section, the Commission finds that--'' and
inserting ``If a request is made to the
Secretary to establish an appropriate subsidy
or purchase price and the Secretary finds
that--'' in lieu thereof; and
(ii) striking ``the Commission shall
postpone the issuance of a certificate
authorizing abandonment or discontinuance in
accordance with subsections (e) and (f) of this
section.'' and inserting ``the Secretary shall,
within 30 days, establish an appropriate
subsidy or purchase price as provided in
subsection (f) of this section.'' in lieu
thereof;
(D) redesignating subsection (e) as new subsection
(d) and amending it to read as follows:
``(d)(1) If the carrier and the person offering a subsidy or
offering to purchase the line enter into an agreement, the line shall
not be abandoned but shall be controlled by the terms of the agreement.
If the parties fail to reach agreement, either party may request the
Secretary to establish an appropriate subsidy or purchase price under
the provisions of subsection (f) of this section.
``(2) At any time after the receipt of a notice of intent to make
an offer to subsidize or purchase the line (but not more than once each
30 days), the owning carrier may ask the Secretary to determine whether
the offer is a bona fide offer.
``(3) Pursuant to a request for determination under paragraph (2)
of this subsection, the Secretary may, after consideration of all
relevant fact--
``(A) find that the offeror is exerting its best effort to
bring the negotiation to fruition and require that negotiations
continue, or
``(B) find that the offeror has not made a bona fide effort
to pursue the negotiations toward completion and set a date
upon which the abandonment shall become effective.''.
(E) in subsection (f)(1) by striking ``Whenever the
Commission is requested to establish the conditions
and amount of compensation under this section--'' and inserting
``Whenever the Secretary is required to establish an appropriate
subsidy or purchase price as provided in subsection (e) of this
section--'' in lieu thereof;
(F) in subsection (f)(2) by striking ``the
Commission shall immediately issue a certificate
authorizing the abandonment or discontinuance, unless
other offers are being considered pursuant to paragraph
(3) of this subsection'' and inserting ``the line may
be abandoned or discontinued in accordance with the
provisions of section 10903, as if no offer had been
received.''.
(4) Section 10906.
(5) Subsection (b) of section 10907, as amended by striking
the paragraph designator ``(b)''.
(6) Section 10910, is amended by--
(A) amending subsection (b)(1) to read as follows:
``(1) When the Secretary finds that the public convenience
and necessity require the sale of a particular railroad line
under this section and an offer to purchase such line has been
made by a financially responsible person, the Secretary shall
require the rail carrier owning the railroad line to sell such
line to such financially responsible person at a price of not
less than the constitutional minimum value.''.
(B) striking ``, after a hearing on the record,''
in subsection (c)(1);
(C) amending subsection (c)(2) to read as follows:
``(2) In a proceeding under this section, the burden of
proving that the public convenience and necessity require the
sale of a particular railroad line is on the person offering to
acquire the line.''; and
(D) striking subsections (e), (f), (g), (i), and
(k) and redesignating subsections (h) and (j) as new
subsections (e) and (f), respectively.
(g) There are hereby transferred to and vested in the Secretary of
Transportation all functions, powers and duties of the Interstate
Commerce Commission under the following sections of chapter 111 of
title 49, United States Code, effective September 30, 1996:
(1) Section 11101, is amended by--
(A) amending subsection (a) to read:
``A common carrier providing transportation or service subject to
the jurisdiction of the Secretary under chapter 105 of this title shall
provide the transportation or service to a shipper or to a connecting
rail carrier on reasonable request. A rail carrier shall not be found
to have violated this section because it fulfills its commitments under
transportation contracts before responding to reasonable requests for
service from shipper.''; and
(B) in subsection (d), by striking ``under
subchapter II of chapter 105 of this title''.
(2) Section 11103 is amended by--
(A) in subsection (a) by striking ``The Interstate
Commerce Commission may'' and inserting ``If the
Secretary determines, under section 10709 of this
title, that a rail carrier has market dominance over
the transportation of certain freight, the Secretary
may, with respect to that freight,'' in lieu thereof
and by striking ``a rail carrier'' and inserting ``that
rail carrier'' in lieu thereof;
(B) in subsection (c)(1) by striking ``The
Commission'' and inserting ``If the Secretary
determines, under section 10709 of this title, that a
rail carrier has market dominance over the
transportation of certain freight, then with respect to
that freight, the Secretary ''; and
(C) in subsection (c)(2) by striking ``Commission''
and inserting ``Secretary of Labor''.
(3) Section 11104.
(4) Section 11107, is amended to read as follows:
``The Secretary may prescribe regulations concerning arrangements
between a motor carrier providing transportation of property and any
other person under which such other person is to provide any portion of
such transportation by a motor vehicle not owned by the carrier.''.
(5) Section 11122, is amended by adding the following new
subsection:
``(c) The Secretary may prescribe and maintain such rules and
regulations with respect to car hire as the Secretary deems
necessary.'';
(6) Section 11123.
(7) Section 11125.
(8) Section 11128, is amended by striking ``sections
11123(a)(4) and 11127(a)(1)(C)'' and inserting ``section
11123(a)'' in lieu thereof.
(9) Section 11141, insofar as it applies to rail carriers.
(10) Section 11143, insofar as it applies to rail carriers.
(11) Section 11144, insofar as it applies to rail carriers.
(12) Section 11145, is amended as follows:
(A) In subsection (a) by inserting ``rail'' before
the word ``carriers'' and by striking ``brokers,'' and
``or express''.
(B) By amending subsection (b) to read as follows:
``(b) The Secretary may require motor carriers, motor private
carriers, freight forwarders, brokers, lessors, and associations, or
classes of them as the Secretary may prescribe, to respond to surveys
concerning their operations.''.
(C) By striking (c).
(13) Section 11165.
(14) Section 11166.
(15) Subchapter IV.
(h) There are hereby transferred to and vested in the Secretary of
Transportation all functions, powers and duties of the Interstate
Commerce Commission under the following section of chapter 113 of title
49, United States Code, effective September 30, 1996:
(1) Section 11303, is amended by adding a new subsection as
follows:
``(c) The Secretary may establish a fee system for using the lien
recordation system. Fees collected under this subsection in a fiscal
year shall equal as nearly as possible the costs of operating the
recordation system in that fiscal year. Such fees may be credited to
the Department of Transportation appropriation account charged in
proportion to the amount expended from the account for these purposes,
and shall be available for expenditure until expended.''.
(i) There are hereby transferred to and vested in the Secretary of
Transportation all functions, powers, and duties of the Interstate
Commerce Commission under the following sections of chapter 115 of
title 49, United States Code, effective September 30, 1996:
(1) Section 11501, is amended as follows:
(A) By striking subsections (a), (b), (c), (d), and
(f).
(B) By inserting a new subsection (a) to read as
follows:
``(a) Notwithstanding any other provision of law, no State or
political subdivision thereof and no interstate agency or other
political agency of two 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 market entry, exit,
rates, or services of a rail carrier that provides transportation of
property in interstate commerce subject to the jurisdiction of the
Secretary under subchapter I of chapter 105 of this title.''.
(C) In the first sentence of subsection (e) by--
(i) inserting after ``relating to'' the
words ``rates, routes, services or'';
(ii) inserting `an interstate'' before
``motor common carrier of passengers'';
(iii) striking ``subject to the
jurisdiction of the Commission under subchapter
II of chapter 105 of this title'';
(iv) striking the word ``authorized'';
(v) striking ``reduction in the rates for
such transportation'' and inserting
``abandonment of service'' in lieu thereof; and
(vi) redesignating subsection (e) as
subsection (b).
(D) In subsection (g) by--
(i) in subparagraph (1) by striking ``(1)
General rule.--Subject to paragraph (2) of this
subsection, no'' and inserting ``No'' in
lieu thereof and by striking ``interstate'' the last three times it
appears;
(ii) striking subsection (2); and
(iii) redesignating subsection (g) as
subsection (c).
(E) By striking subsection (h) and amending section
41713(b) of title 49, United States Code by adding the
text of subsection (h) as new subparagraph 41713(b)(5).
(2) Section 11503.
(3) Section 11503a.
(4) Section 11504, is amended as follows:
(A) In subsection (a) by striking ``subject to the
jurisdiction of the Commission under subchapter I of
chapter 105 of this title''.
(B) In subparagraph (b)(1) by striking ``subject to
the jurisdiction of the Commission under subchapter II
of chapter 105 of this title''.
(C) In subparagraph (c)(2) by striking ``water
carrier providing transportation subject to the
jurisdiction of the Commission under subchapter III of
chapter 105 of this title or a''.
(j) There are hereby transferred to and vested in the Secretary of
Transportation all functions, powers and duties of the Interstate
Commerce Commission under the following sections of chapter 117 of
title 49, United States Code, effective September 30, 1996:
(1) Section 11701, is amended to read as follows:
``The Secretary may begin an investigation under this subtitle on
his or her own initiative or on complaint of any person, including a
governmental authority, of a violation of this subtitle by a rail
carrier or a motor carrier, including a foreign motor carrier. The
Secretary may dismiss a complaint he or she determines does not state
reasonable grounds for investigation or action. If the Secretary finds
a violation of this subtitle, the Secretary shall take appropriate
action to compel compliance with this subtitle. An investigation
undertaken by the Secretary shall be concluded within 180 days after
the date on which it was begun.''.
(2) Section 11702, is amended to read as follows:
``The Attorney General, on behalf of the Secretary may bring a
civil action to enforce an order or regulation of the Secretary issued
under authority of this subtitle.''.
(3) Section 11703, is amended in subparagraph (a) by
striking ``or permit'' both times it appears.
(4) Section 11705, is amended as follows:
(A) By striking ``subchapter I or III of'' wherever
it appears.
(B) In subsection (a) by--
(i) striking ``or a freight forwarder'';
(ii) inserting ``(1)'' after the word
``obey''; and
(iii) inserting after ``money,'' the phrase
``(2) a regulation of the Secretary prescribed
under section 11107 of this title.''.
(C) In subsection (b)--
(i) by striking subparagraphs (1) and (3)
and redesignating subparagraph (2) as
subparagraph (1); and
(ii) by inserting a new subparagraph (2) as
follows:
``(2) A motor carrier of property is liable for treble
damages sustained by a person as a result of a violation of a
regulation prescribed by the Secretary under section 11107 of
this title.''.
(D) In subsection (c)(1) by striking ``11701(b)''
and inserting ``11701'' in lieu thereof and by striking
the last sentence.
(E) In subparagraph (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 the
designator (c).
(5) Section 11706, is amended as follows:
(A) In subsection (a) by striking ``or a freight
forwarder'', ``or freight forwarder'' and ``or freight
forwarder (other than a household goods freight
forwarder)''.
(B) In subsection (b) by striking ``subchapter I or
III of''.
(C) By striking subparagraph (c)(2) and
redesignating subparagraph (c)(1) as subsection (c).
(D) In subsection (d) by striking ``(c)(1)'' and
inserting ``(c)'' in lieu thereof.
(6) Section 11710.
(7) Section 11712, is amended in subsection (a) by striking
``subject to the jurisdiction of the Commission under
subchapter II of chapter 105 of this title (other than motor
carriers providing transportation of household goods)''.
(k) There are hereby transferred to and vested in the Secretary of
Transportation all functions, powers and duties of the Interstate
Commerce Commission under the following sections of chapter 119 of
title 49, United States Code, effective September 30, 1996:
(1) Section 11901, as amended as follows:
(A) In subsection (b) by striking ``10761, 10762,
10764, 10765, or''.
(B) In subsection (d) by--
(i) striking ``sections 10901-10907'' and
inserting ``sections 10901, 10903, 10905, and
10907'' in lieu thereof; and
(ii) redesignating subsection (d) as
subsection ``(c)''.
(C) By striking ``11124'' and ``11127'' from
subsection (e)(1) and redesignating it as subsection
``(d)''.
(D) In subsection (f) by--
(i) in subparagraphs (2) and (3), striking
$100 in both places and inserting ``$500'' in
lieu thereof;
(ii) redesignating subparagraph (4) as (5)
and inserting a new subparagraph (4) as
follows:
``(4) A motor carrier, motor private carrier, broker,
lessor, or association of such entities required to respond to
a survey under section 11145(b) of this title that does not
respond, is liable to the United States Government for a civil
penalty of $500 for each violation.''.
(iii) redesignating subsection (f) as
subsection ``(e)''.
(E) In subsection (m), by--
(i) striking ``(a)-(f)'' and inserting
``(a)-(e)'' in lieu thereof;
(ii) by striking subparagraph (2); and
(iii) by redesignating subsection (m)(1) as
subsection (f).
(2) Section 11902a.
(3) Section 11909(a), as amended by striking ``(a)''.
(4) Section 11910 is amended--
(i) in subsection (a)(2), by striking
``providing transportation subject to the
jurisdiction of the Commission under subchapter
II of chapter 105 of this title'';
(ii) in subsection (a)(3), by striking
``providing transportation subject to the
jurisdiction of the Commission under subchapter
III of chapter 105 of this title''; and
(iii) in subsection (a)(4), by striking
``providing transportation subject to the
jurisdiction of the Commission under subchapter
IV of chapter 105 of this title'' and by
striking ``household goods'' each time it
appears.
(5) Section 11913.
(6) Subsection (a) of section 11914, is amended by striking
the last two sentences.
(7) Section 11915.
miscellaneous amendments
Sec. 6. (a) Loss and Damage Liability of Carriers.--Section 11707
of title 49, United States Code is amended to read as follows--
``Sec. 11707. Liability of carriers and freight forwarders under
receipts and bills of lading
``(a)(1) A motor or rail carrier providing transportation service
and a freight forwarder shall issue a receipt or bill of lading for
property it receives for transportation. The carrier or freight
forwarder that delivers the property is liable to the person entitled
to recover under the receipt or bill of lading. The liability imposed
under this section, subject to subsection (e) below, is for the actual
loss, damage or delay to the property caused by--
``(1) the receiving carrier,
``(2) the delivering carrier, or
``(3) another carrier over whose line or route the property
is transported in the United States or from a place in the
United States to a place in an adjacent foreign country when
transported under a through bill of lading and, except in the
case of a freight forwarder, applies to re-consigned or
diverted property.
Failure to issue a receipt or bill of lading does not affect the
liability of a carrier or freight forwarder. A delivering carrier is
deemed to be the carrier performing the line-haul transportation
nearest the destination but does not include a carrier providing only a
switching service at the destination.
``(2) A freight forwarder is both the receiving and delivering
carrier. When a freight forwarder provides service and uses a motor
carrier providing transportation, the motor carrier may execute the
bill of lading or shipping receipt for the freight forwarder with its
consent. With the consent of the freight forwarder, a motor carrier may
deliver property for a freight forwarder on the freight forwarder's
bill of lading, freight bill, or shipping receipt to the consignee
named in it, and receipt for the property may be made on the freight
forwarder's delivery receipt.
``(b) The carrier issuing the receipt or bill of lading under
subsection (a) of this section or delivering the property for which the
receipt or bill of lading was issued is entitled to recover from the
carrier over whose line or route the loss, damage or delay occurred the
amount required to be paid to the owners of the property, as evidenced
by a receipt, judgment, or transcript, and the amount of its expenses
reasonably incurred in defending a civil action brought by that person.
``(c)(1) A civil action under this section may be brought against a
delivering carrier (other than a rail carrier) in a district court of
the United States or in a State court. Trial, if the action is brought
in a district court of the United States is in a judicial district, and
if in a State court, is in a State through which the defendant carrier
operates a railroad or route.
``(2)(A) A civil action under this section may only be brought--
``(i) against the originating rail carrier, in the judicial
district in which the point of origin is located;
``(ii) against the delivering rail carrier, in the judicial
district in which the principal place of business or the person
bringing the action is located if the delivering carrier
operates a railroad or a route through such judicial district,
or in the judicial district in which the point of destination
is located; and
``(iii) against the carrier alleged to have caused the loss
or damage, in the judicial district in which such loss or
damage is alleged to have occurred.
``(B) In this section, `judicial district' means--
(i) in the case of a United States district court, a
judicial district of the United States, and
(ii) in the case of a State court, the applicable
geographic area over which such court exercises jurisdiction.
``(d) A carrier or freight forwarder may not provide by rule,
contract, or otherwise, a period of less than 2 years for bringing a
civil action against it under this section. The period for bringing a
civil action is computed from the date the carrier or freight forwarder
gives a person written notice that the carrier or freight forwarder has
disallowed any part of the claim specified in the notice. For the
purposes of this subsection--
``(1) an offer of compromise shall not constitute a
disallowance of any part of the claim unless the carrier or
freight forwarder, in writing, informs the claimant that such
part of the claim is disallowed and provides reasons for such
disallowance; and
``(2) communication received from a carrier's or freight
forwarder's insurer shall not constitute a disallowance of any
part of the claim unless the insurer, in writing informs the
claimant that such part of the claim is disallowed, provides
reason for such disallowance and informs the claimant that the
insurer is acting on behalf of the carrier or freight
forwarder.
``(e) A carrier or freight forwarder may not limit or be exempt
from liability imposed by subsection (a) of this section except as
provided in this subsection:
``(1) When a motor or rail carrier or freight forwarder is
liable for loss resulting from loss, damage or delay the motor
or rail carrier's or freight forwarder's liability shall be the
full value of the goods lost, damaged or delayed. By written
agreement between the motor or rail carrier or freight
forwarder and the shipper different limits of liability may be
fixed in the receipt or the bill of lading.
``(2) If loss, damage or delay to property occurs while it
is in the custody of a water carrier, the liability of that
carrier is determined by its bill of lading and the law
applicable to water transportation. The liability of the
initial or delivering carrier is the same as the liability of
the water carrier.
``(3) A common carrier of passengers may limit its
liability for loss, damage or delay to baggage carried on
passenger trains, boats, or motor vehicles in accordance with
subsection (e)(1) of this section.
``(f) The documents referred to in this section may be issued in
any form which preserves a record of the information contained therein.
When the carrier and the shipper have agreed to communicate
electronically, the documents referred to in this section may be
replaced by an equivalent electronic data interchange message.''.
(b) Backhaul Allowances.--Section 10732 of title 49, United States
Code, is amended--
(1) by striking ``food and grocery'' both times it appears;
(2) by striking subparagraph (b) and the subparagraph
designator ``(a)''; and
(3) by amending the title to read ``Backhaul Allowances''.
(c) Foreign Motor Carriers.--Subchapter 311 of title 49, United
States Code is amended by adding a new section as follows:
``Sec. 31181. Restrictions on motor carriers domiciled in or owned or
controlled by nationals of a contiguous foreign country
``(a) If the President of the United States, or his or her
delegate, determines that an act, policy or practice of a foreign
country contiguous to the United States, or any political subdivision
or any instrumentality of any such country is unreasonable or
discriminatory and burdens or restricts United States transportation
companies providing, or seeking to provide, motor carrier
transportation of property or passengers to, from or within such
foreign country, the President, or his or her delegate, may--
``(1) seek elimination of such practices through
consultations; or
``(2) notwithstanding any other provision of law, suspend,
modify, amend, condition, or restrict operations, including
geographical restriction of operations, in the United States by
motor carriers of property or passengers domiciled in such
foreign country or owned or controlled by persons of such
foreign country.
``(b) Any action taken under paragraph (a)(2) to eliminate an act,
policy or practice shall be so devised so as to equal to the extent
possible the burdens or restrictions imposed by such foreign country on
United States transportation companies.
``(c) The President, or his or her delegate, may remove or modify
in whole or in part any action taken under paragraph (a)(2) if the
President, or his delegate, determines that such removal or
modification is consistent with the obligations of the United States
under a trade agreement or with United States transportation policy.
``(d) Unless and until the President or his or her delegate makes a
determination under paragraphs (a) or (c) above, nothing in this
subsection shall affect--
``(1) operations of motor carriers of property or
passengers domiciled in any contiguous foreign country or owned
or controlled by persons of any contiguous foreign country
permitted in the commercial zones along the United States-
Mexico border as defined at the time of enactment of the
Interstate Commerce Commission Sunset Act of 1995; or
``(2) any existing restrictions on operations of motor
carriers of property or passengers domiciled in any contiguous
foreign country or owned or controlled by persons of any
contiguous foreign country or any modifications thereof
pursuant to section 6 of the Bus Regulatory Reform Act of 1982.
``(e) Unless the President, or his or her delegate, determines that
expeditious action is required, he shall publish in the Federal
Register any determination under paragraphs (a) or (c) together with a
description of the facts on which such a determination is based and any
proposed action to be taken pursuant to paragraphs (a)(2) or (c) and
provide an opportunity for public comments.
``(f) The President may delegate any or all authority under this
subsection to the Secretary of Transportation who shall consult with
other agencies as appropriate. In accordance with the directions of the
President, the Secretary of Transportation may issue regulations to
enforce this subsection.
``(g) The Attorney General, on behalf of the Secretary of
Transportation, may bring a civil action in an appropriate district
court of the United States to enforce this subsection or a regulation
prescribed or order issued under this subsection. The court may award
appropriate relief, including injunctive relief.
``(h) This subsection shall not affect the requirement for all
foreign motor carriers operating in the United States to fully comply
with all applicable laws and regulations pertaining to safety fitness;
safety of operations; financial responsibility; and taxes imposed by
section 4481 of Internal Revenue Code of 1994.''.
(d) Lumping Practices.--Section 11109 of title 49, United States
Code is amended by striking the parenthetical phrase both times it
appears.
(e) Labor Protection.--Section 11347 is amended, effective
September 30, 1996, by--
(1) striking ``Interstate Commerce Commission'' and
``Commission'' wherever those terms appear and inserting
``Secretary of Labor'' in lieu thereof;
(2) striking ``When a rail carrier is involved in a
transaction for which approval is sought under sections 11344
and 11345 or section 11346 of this title, the Interstate
Commerce Commission shall require the carrier'' and inserting
``The Secretary of Labor shall require a rail carrier
undertaking a transaction (and may require any other person
unless exempted under section 10505 of this title) involving a
purchase, lease, or transfer of a rail line, the acquisition of
trackage or operating rights, or joint ownership or joint use
of a rail line,''; and
(3) inserting after the last sentence: ``The Secretary of
Transportation shall determine whether or not the person
acquiring the property or rights involved in the transaction is
a rail carrier.''
(f) Tax Discrimination.--Subparagraph (a)(3) of section 11503a of
title 49, United States Code, is amended to read as follows:
``(3) `motor carrier transportation property' means
property owned or used by a motor carrier providing
transportation in interstate commerce; and''.
(g) Section 22101(a)(1) of title 49, United States Code, is amended
by striking ``the Interstate Commerce Commission has authorized, or
exempted from the requirements of that authorization, the abandonment
of, or the discontinuance of rail transportation on, the rail line
related to the project;'' and insert ``a notice of intent to abandon or
discontinue has been filed with the Secretary pursuant to section 10903
of this title;'' in lieu thereof.
(h) Subsection (c) of section 24301 of title 49, United States
Code, is amended by striking the paragraph designator ``(1)'' and
striking subparagraph (2) in its entirety.
(i) Subsection (b)(1) of section 24306 of title 49, United States
Code, is amended by inserting a period after ``route'' and striking the
remainder of the paragraph.
(j) Section 24308 of title 49, United States Code, is amended by
striking ``Interstate Commerce Commission'' and ``Commission'' wherever
they appear and inserting ``Secretary'' in lieu thereof.
(k) Section 24311 of title 49, United States Code, is amended by
striking ``Interstate Commerce Commission'' and ``Commission'' wherever
they appear and inserting ``Secretary'' in lieu thereof.
(l) Section 24505 of title 49, United States Code, is amended by
striking ``Interstate Commerce Commission'' and ``Commission'' wherever
they appear and inserting ``Secretary'' in lieu thereof.
(m) Subsection (j) of section 24902 of title 49, United States
Code, is amended by striking the subparagraph designator ``(1)'' in the
first subparagraph and by striking subparagraphs (2) and (3).
(n) Section 24904 of title 49, United States Code, is amended by
striking ``Interstate Commerce Commission'' and ``Commission'' wherever
they appear and inserting ``Secretary'' in lieu thereof.
(o) Section 451 of title 2, United States Code, is amended by
striking ``Interstate Commerce Commission''.
(p) Section 1291(a) of title 7, United States Code, is amended by
striking ``Interstate Commerce Commission'' and ``Commission'' wherever
they appear and inserting ``Secretary'' in lieu thereof.
(q) Section 2145(a) of title 7, United States Code, is amended by
striking ``Interstate Commerce Commission, the''.
(r) Title 11 of the United States Code is amended by--
(1) in section 1164 by striking ``Commission, the.''
(2) in section 1170 by--
(A) amending subsection (b) to read as follows:
``(b) The court may authorize the abandonment under subsection (a)
provided that the trustee files a notice of intent to abandon or
discontinue service, as required by section 10903 of title 49, United
States Code.
(B) striking subparagraph (c); and
(C) striking ``the Commission,'' in subsection
(d)(2)
(3) in section 1172 by striking ``Commission'' wherever it
appears and inserting ``Secretary of Transportation'' in lieu
thereof.
(s) Title 15 of the United States Code is amended by--
(1) in section 1681s by striking ``Interstate Commerce
Commission'' and inserting ``Secretary of Transportation'' in
lieu thereof;
(2) in section 1691c by striking ``Interstate Commerce
Commission'' and inserting ``Secretary of Transportation'' in
lieu thereof; and
(3) in section 1692l by striking ``Interstate Commerce
Commission'' and inserting ``Secretary of Transportation'' in
lieu thereof.
(t) Title 16 of the United States Code is amended by--
(1) in section 1247 by--
(A) striking ``, the Chairman of the Interstate
Commerce Commission,'' and
(B) striking ``Commission'' and inserting
``Secretary of Transportation'' in lieu thereof; and
(2) in section 1248 by striking ``, the Interstate Commerce
Commission,''.
(u) Title 26 of the United States Code is amended by--
(1) in section 3231(a) by--
(A) striking ``Interstate Commerce Commission'' and
inserting ``Secretary of Transportation'' in lieu
thereof; and
(B) striking ``upon request of the Secretary, or''
(2) in section 7701(a)(33) by--
(A) striking ``Interstate Commerce Commission'' and
inserting ``Secretary of Transportation'' in lieu
thereof; and
(B) striking ``of the Interstate Commerce
Commission under subchapter III of chapter 105 of title
49, or subject to the jurisdiction'' in subparagraph
(F).
(v) Title 28 of the United States Code is amended by--
(1) in section 1336 by striking ``Interstate Commerce
Commission'' and inserting ``Secretary of Transportation'' in
lieu thereof;
(2) in section 2321 (a) and (b) by striking ``Interstate
Commerce Commission'' and inserting ``Secretary of
Transportation'' in lieu thereof;
(3) in section 2323 by striking ``Interstate Commerce
Commission'' and inserting ``Secretary of Transportation,
subject to the Attorney General's consent,'' in lieu thereof,
and by inserting ``private'' between ``such'' and ``party'' in
the final sentence thereof;
(4) in section 2341(3)(A) by striking ``Interstate Commerce
Commission''; and
(5) in section 2342(5) by striking ``Interstate Commerce
Commission'' and ``Commission'' and inserting ``Secretary of
Transportation'' in lieu thereof.
(w) Section 3726(b) of title 31, United States Code, is amended by
striking paragraphs (1) and (2) and inserting after ``under'' the
following: ``a commercial rate or a rate established pursuant to
section 10721 of title 49 or an equivalent arrangement or an
exemption.''.
(x) Section 5005(b)(3) of title 39, United States Code, is amended
by striking ``either the Interstate Commerce Commission or''.
(y) Sections 13369 and 6362 of title 42, United States Code, are
amended by striking ``Interstate Commerce Commission'' and inserting
``Secretary of Transportation'' in lieu thereof.
(z) Title 45 of the United States Code is amended by--
(1) in section 151, striking ``Interstate Commerce
Commission'' and inserting ``Secretary of Transportation'' in
lieu thereof;
(2) in section 231(a)(2)(ii)--
(A) striking ``Interstate Commerce Commission'' and
inserting ``Secretary of Transportation'' in lieu
thereof; and
(B) striking ``after hearing''.
(3) in section 351(a) by--
(A) striking ``Interstate Commerce Commission'' and
inserting ``Secretary of Transportation'' in lieu
thereof; and
(B) striking ``after hearing''.
(4) in section 352(h)(3) by striking ``Interstate Commerce
Commission'' and inserting ``Secretary of Transportation'' in
lieu thereof;
(5) in section 661 by striking subsection (2) and
redesignating subsections (3) and (4) as subsections ``(2)''
and ``(3)'' respectively;
(6) in section 662(a) by striking ``after consultation with
the Commission'';
(7) in section 662(b) by--
(A) striking ``after consultation with the
Commission''; and
(B) striking ``and the operation over the lines
shall be subject to the approval of the Commission
pursuant to the provisions of subchapter III of chapter
113 of title 49,'' and ``or the Commission'';
(8) in section 665(a) by striking ``, and shall consult
with the Interstate Commerce Commission in carrying out the
provisions of this chapter'';
(9) by amending section 744(d) by--
(A) in paragraph (1) striking ``only if the
Commission determines, on petition by any affected
party, that the agreement would substantially impair
such railroad's ability to serve adequately its own
patrons or to meet its outstanding common carrier
obligations'';
(B) in paragraph (1)(A) striking ``, unless the
Commission determines that such rail service
continuation could be performed more efficiently and
economically by another railroad''; and
(C) in paragraph (1)(B) striking ``or if the
Commission makes a determination in accordance with
subparagraph (A) of this paragraph'';
(10) by amending section 744(g) to read as follows:
``(g) Abandonment by Corporation.--The Corporation may abandon any
rail properties in accordance with the provisions of section 10903 of
title 49, United States Code.''; and
(11) by amending section 1207 by striking ``Interstate
Commerce Commission'' wherever it appears and inserting
``Secretary of Transportation'' in lieu thereof.
(aa) Section 333 of title 49, United States Code, is amended by--
(1) striking subparagraph (d)(1)(C) and redesignating
subparagraphs (D) and (E) as ``(C)'' and ``(D)'', respectively;
and
(2) by striking subsection (e).
(bb) Section 131 of title 13, United States Code, is amended by
inserting the words ``in cooperation with the Department of
Transportation and'' after the open parenthesis and before the word
``exclusive''.
(cc) Section 5314 of title 5, United States Code, is amended by
striking ``Chairman, Interstate Commerce Commission'' from the listing
of positions at Level III of the Executive Schedule.
(dd) Section 5315 of title 5, United States Code, is amended by
inserting ``Members, Interstate Commerce Commission'' from the listing
of positions at Level IV of the Executive Schedule.
motor carrier registration and insurance requirements
Sec. 7. (a) Chapter 311 of title 49, United States Code, is amended
as follows:
(1) Section 31102, is amended in subparagraph (b)(1) by
inserting a new subparagraph as follows:
``(Q) ensures that the State will cooperate in the
enforcement of registration and financial
responsibility requirements under sections 31140 and
31146 of this title, or regulations issued
thereunder.''.
(2) Section 31132, is amended as follows:
(A) By inserting after the definition of
``interstate commerce'' a new subparagraph as follows:
(6) `motor carrier' means a person providing transportation
of passengers or property by commercial motor vehicle, and
includes `motor common carrier', `motor contract carrier', and
`motor private carrier' as those terms are defined in section
10102 of this title.''; and
(B) By renumbering subparagraphs (6) through (10)
as subparagraphs (7) through (11).
(3) Section 31138, is amended as follows:
(A) By redesignating subparagraph (a) as (a)(1).
(B) By redesignating subparagraph (a)(1) as
(a)(1)(A).
(C) By redesignating subparagraph (a)(2) as
(a)(1)(B).
(D) By redesignating subparagraph (a)(3) as
(a)(1)(C).
(E) By inserting a new subparagraph after (a)(1) as
follows:
``(2) The current regulations in effect at the time of
enactment remain in effect until altered or revised by the
Secretary pursuant to the Secretary's authority under this
section.''.
(F) By striking subparagraph (b).
(4) Section 31139, is amended as follows:
(A) By striking in subparagraph (b)(2) ``The level
of financial responsibility established under paragraph
(1) of this subsection shall be at least $750,000.''
and inserting in lieu thereof ``The current regulations
in effect at the time of enactment remain in effect
until altered or revised by the Secretary pursuant to
the Secretary's authority under this section.''.
(B) By striking subparagraph (c).
(C) In subparagraph (d) by striking ``(as those
terms are defined in section 10530 of this title)
providing transportation of property under a
certificate of registration issued under section
10530'' and inserting ``(as those terms are defined in
section 31501) providing transportation of passengers
or property'' in lieu thereof.
(5) By inserting a new section as follows:
``Sec. 31140. Commercial Motor Carrier Financial Responsibility
Information System
``(a) General Requirement.--The Secretary of Transportation is
authorized to enter into an agreement under subsection (b) of this
section for the operation of, or establish under subsection (c) of this
section, an information system that will serve as a clearinghouse and
depository of information about compliance with the required levels of
financial responsibility, identification, and disqualification of
commercial motor carriers. The Secretary shall consult with the States
in carrying out this section. Any agreement that the Secretary enters
into to carry out this section shall ensure the integrity of the
system.
``(b) State Agreements.--If the Secretary decides that an
information system used by a State or States regarding the financial
responsibility of commercial motor vehicles and motor carriers or
another State-operated information system could be used to carry out
this section, and the State or States agree to the use of the system
for carrying out this section, the Secretary may enter into an
agreement with such State or States to use the system as provided in
this section. An agreement made under this subsection shall contain
terms the Secretary considers necessary to carry out this chapter.
``(c) Establishment by Secretary.--If the Secretary elects not to
enter into an agreement under subsection (b) of this section, the
Secretary shall establish an information system regarding the financial
responsibility status of commercial motor vehicles and motor carriers
as provided in this section.
``(d) Contents.--(1) At a minimum, the information system under
this section shall include for each motor carrier--
``(A) information the Secretary considers appropriate to
ensure identification of the motor carrier;
``(B) the tax identification number of the motor carrier
and other identification numbers the Secretary considers
appropriate to identify the operator;
``(C) the name of the State(s) within which the carrier
operates that issued registration(s) to the motor carrier and
in which it registers its commercial motor vehicles; and
``(D) the levels and types of financial responsibility
applicable to the motor carrier.
``(2) Not later than six months following the enactment of this
section the Secretary shall prescribe regulations with respect to an
identification system to ensure the identification of commercial motor
carriers.
``(e) Availability of Information.--(1) On the request of any
State, the Secretary or operator of the information system, as the case
may be, may make available to such State any information contained in
the system established under this section.
``(2) On request of a motor carrier, the Secretary or the operator
of the information system, as the case may be, may make available to
the motor carrier any information in the system pertaining to the
requesting motor carrier.
``(3) On the request of any person, the Secretary or the operator
of the information system, as the case may be, may make available to
such person information in the system about any motor carrier.
``(4) On the request of the Secretary, the operator of the
information system shall make available to the Secretary any
information in the system, including summary reports that the system
has the capacity to produce.
``(f) Fee System.--The Secretary is authorized to establish a fee
system for using the information system, pursuant to section 9701,
title 31, United States Code. Fees collected under this subsection in a
fiscal year shall equal as nearly as possible the costs of operating
the information system in that fiscal year. Such fees may be credited
to the Department of Transportation appropriation account charged in
proportion to the amount expended from the account for these purposes,
and shall be available for expenditure until expended.''.
(6) By renumbering section 31140 as 31141.
(7) By renumbering section 31141 as 31142.
(8) By renumbering section 31142 as 31143.
(9) By renumbering section 31143 as 31144.
(10) By renumbering section 31144 as 31145.
(11) By inserting a new section, as follows:
``Sec. 31146. Registration
``(a) Persons Required To File.--(1) The Secretary of
Transportation is authorized to require any motor carrier that
transports or causes to be transported passengers or property in
commerce, as defined by section 31301, in a commercial motor vehicle to
register its commercial motor vehicle operations.
``(2) The Secretary may require motor carriers domiciled in foreign
countries to register with the Department of Transportation when
offering transportation services within the United States.
``(3) Department of transportation identification number and
certificate.--Upon receipt of a registration statement completed in
accordance with the requirements of this section, the Secretary shall
issue a Department of Transportation identification number and
certificate to the motor carrier as proof of registration.
``(b) Compliance With Registration Requirements.--
``(1) No motor carrier required to file a registration
statement under subsection (a) may operate or cause to be
operated any commercial motor vehicles in commerce unless the
motor carrier's operations are currently registered with the
Secretary and the motor carrier has a valid certificate and
identification number issued by the Secretary.
``(2) The Secretary may deny, revoke, or suspend a motor
carrier's registration, identification number and certificate,
as provided for in this section, because of noncompliance with
the motor carrier safety fitness standards, required levels of
financial responsibility, or any restrictions or conditions
imposed pursuant to section 31181, as determined by the
Secretary.
``(c) Form, Contents, and Limitations on Filings.--(1) A
registration statement under subsection (a) of this section shall be in
the form and contain information the Secretary of Transportation
requires by regulation. The statement shall include, at a minimum--
``(A) the name and principal place of business of the
registrant;
``(B) a description of the activity the registrant carries
out for which filing a statement under subsection (a) of this
section is required;
``(C) each State in which the person carries out the
activity; and
``(D) a designated agent for service of process that is
domiciled within the United States if the applicant motor
carrier is a foreign motor carrier as defined in section 31501
of this title.
``(2) A motor carrier carrying out more than one activity; or an
activity at more than one location for which filing is required, need
only file one registration statement to comply with subsection (a) of
this section.
``(d) Security of Motor Carriers.--The Secretary may issue a
Department of Transportation identification number and certificate
under this section only if the motor carrier, as defined in section
31132, applying for such registration number, files with the Department
proof of financial responsibility in an amount not less than that
prescribed by the Secretary pursuant to, or required by, sections 31138
and 31139 of this title, and the laws of the State or States in which
the carrier is operating, to the extent applicable. The security
obtained by the motor carrier must remain in effect for the entire
period that the carrier is registered with the Department.
``(e) Filing Deadlines and Amendments.--(1) Motor carriers that are
required to file a registration statement under subsection (a) of this
section and are presently in possession of a Department of
Transportation number must renew their registration with the Department
within 1 year of the effective date of regulations issued pursuant to
this section. All other motor carriers that are required to file a
registration statement must register with the Department within 6
months of the effective date of such regulations. Motor carriers shall
renew their registrations periodically consistent with regulations the
Secretary prescribes, but not more than once each year and not less
than once every 5 years.
``(2) The Secretary may decide by regulation when and under what
circumstances a registration statement must be amended and the
procedures to follow in amending the statement.
``(f) Fee System.--The Secretary is authorized to establish a fee
system for using the information system, pursuant to section 9701,
title 31, United States Code. Fees collected under this subsection in a
fiscal year shall equal as nearly as possible the costs of operating
the information system in that fiscal year. Such fees may be credited
to the Department of Transportation appropriation account charged in
proportion to the amount expended from the account for these purposes,
and shall be available for expenditure until expended.
``(g) Maintaining Proof of Filing and Payment of Fees.--Valid
Department of Transportation identification numbers and certificates of
registration shall serve as proof of filing and receipt of
certification and identification numbers from the Secretary.''.
(12) By renumbering section 31145 as 31147.
(13) By renumbering section 31146 as 31148.
(14) By renumbering section 31147 as 31149.
amendments to general duties and powers
Sec. 8. (a) Section 31501 of title 49, United States Code, is
amended in subparagraph (3)--
(1) by inserting ``interstate'' before the word
``transportation'' the first time it appears; and
(2) by striking ``referred to in section 10521(a) of this
title''.
(b) Subparagraph 31502(a)(1) of title 49, United States Code, is
amended to read as follows:
``(1) defined as ``interstate transportation'' by section
10102.''.
(c) Subparagraph 31503(a) of title 49, United States Code, is
amended by striking ``a motor carrier subject to subchapter II of
chapter 105 of this title and a motor private carrier'' and inserting
``an interstate motor carrier or motor private carrier'' in lieu
thereof.
(d) The amendments made by this section shall be effective
September 30, 1996.
federal trade commission
Sec. 9. The Federal Trade Commission Act (15 U.S.C. 41 et seq.), is
amended as follows:
(a) Section 5(a)(2) (15 U.S.C. section 45(a)(2)) is amended
by deleting the following: ``common carriers subject to the
Acts to regulate commerce'' and adding in lieu thereof:
``common carriers subject to the Communications Act of 1934 or
Acts amendatory thereof or supplementary thereof''.
(b) Section 6 (15 U.S.C. section 46) is amended by striking
the phrase ``common carriers subject to the Act to regulate
commerce'' wherever it appears and adding in lieu thereof
``common carriers described in section 5(a)(2)''.
application of the antitrust laws
Sec. 10. (a) Section 7 of the Clayton Act (15 U.S.C. 18) is
amended--
(1) in the first and second paragraphs, by striking out
``or'' immediately after ``stock'' and inserting a comma in
lieu thereof and by striking out ``and no person subject to the
jurisdiction of the Federal Trade Commission shall acquire the
whole or any part of the'' and inserting in lieu thereof
``or'';
(2) by deleting the fourth paragraph; and
(3) in the final paragraph, by striking out ``Interstate
Commerce Commission,''.
(b) Section 11(a) of the Clayton Act (15 U.S.C. section 21(a)) is
amended by striking ``in the Interstate Commerce Commission where
applicable to common carriers subject to subtitle IV of title 49''; and
(c) Section 16 of the Clayton Act (15 U.S.C. 26) is amended by
striking the entire proviso beginning with the words ``Provided, That''
through the end of the paragraph, and striking the colon after the word
``issue'' and inserting a period in lieu thereof.
(d) The amendments made by this section shall be effective as of
September 30, 1996.
transfer of appropriations and personnel
Sec. 11. (a) 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 unexpended balances of appropriations 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 section 1531 of title 31, United States Code, shall be
transferred to the Secretary of Transportation or the Secretary of
Labor in accordance with the transfer of such function. Personnel
employed 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
connection with any function abolished by this Act shall lapse on
September 30, 1996, and the obligated balance of such appropriations
shall be transferred to the Secretary of Transportation or the
Secretary of Labor in connection with any function transferred by this
Act for the purpose of administering the payment of such obligations.
(b) In order to facilitate the transfers made by this Act, the
Director of the Office of Management and Budget is authorized and
directed, in consultation with the Interstate Commerce Commission, the
Secretary of Transportation and the Secretary of Labor, to make such
determinations as may be necessary with regard to the functions so
transferred, and to make such additional incidental dispositions of
personnel, assets, liabilities, contracts, property, records, and
unexpended balances of appropriations and other funds held, used,
arising from, available 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 Departments to which functions
are transferred by this Act.
(c) With the consent of the Interstate Commerce Commission, the
Secretary of Transportation and the Secretary of Labor are authorized
to use the services of such officers, employees, and other personnel of
the Commission for such period of time up to September 30, 1996, as may
reasonably be needed to facilitate the orderly transfer of such
functions.
savings provisions
Sec. 12. (a) 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 Interstate Commerce Commission to the Secretary of
Transportation or the Secretary of Labor, and
(2) which are in effect on September 30, 1996--shall
continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance
with law by the Secretary of the Department to which such
function is transferred, or other authorized officials, a court
of competent jurisdiction, or by operation of law.
(b) The transfers 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 applications, to the extent that they relate
to functions so transferred, 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 operation of law. Nothing in this section 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.
(c) Except as provided in subsection (e)--
(1) the transfer of any function under this Act shall not
affect any suite relating to such function which is commenced
prior to the date the transfer takes effect, and
(2) in all such suites, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect as
if this Act had not been enacted.
(d) No suit, action, or other proceeding commenced by or against
any officer in his or her official capacity as an officer of the
Interstate Commerce Commission shall abate by reason of the transfer of
any function under this Act. No cause of action by or against the
Interstate Commerce Commission, or by or against any officer thereof in
his or her official capacity, shall abate by reason of the transfer of
any function under this Act.
(e) If, before September 30, 1996, the Interstate Commerce
Commission, or officer thereof in his or her official capacity, is a
party to a suit relating to a function transferred by this Act, then
such suit shall be continued with the Secretary of the Department to
which the function is transferred.
(f) With respect to any function transferred to the Secretary of
Transportation or the Secretary of Labor by this Act and exercised
after the effective date of such transfer, reference in any Federal law
to the Interstate Commerce Commission or the Commission (insofar as
such term refers to the Interstate Commerce Commission), or to any
officer or office of the Interstate Commerce Commission, shall be
deemed to refer to that Department, or other official or component to
the Department, in which such function vests.
(g) In the exercise of any function transferred under this Act, the
Secretary of Transportation or the Secretary of Labor shall have the
same authority as that vested in the Interstate Commerce Commission
with respect to such function, immediately preceding its transfer, and
actions of the Secretary of the Department in exercising such function
shall have the same force and effect as when exercised by the
Interstate Commerce Commission.
(h) In exercising any function transferred by this Act, the
Secretary of Transportation or the Secretary of Labor shall give full
consideration to the need for operational continuity of the function
transferred.
conforming amendments
Sec. 13. The provisions and chapter analyses of title 49, United
States Code, shall be amended to conform with the amendments made by
this Act.
federal maritime commission
Sec. 14. (a) Findings.--The Congress finds that:
(1) Statutory provisions providing jurisdiction for the
Federal Maritime Commission to regulate the reasonableness of
rates charged by ocean carriers in the domestic offshore trades
(those between the 48 mainland States, on the one hand, and
points in Alaska, Hawaii, Puerto Rico, and United States
territories and possessions, on the other), and in certain
circumstances to establish reasonable rates of return for such
carriers in those trades no longer serve a useful regulatory
purpose and should be eliminated; and
(2) Statutory provisions requiring ocean carriers in
domestic offshore trades and domestic contiguous States trades
(comprising waterborne transportation between points on the
United States inland waterways, intracoastal waterways and the
Great Lakes) to set forth the rates they charge in tariffs
filed with either the Interstate Commerce Commission or the
Federal Maritime Commission no longer serve a useful regulatory
purpose and should also be eliminated.
(b) Termination of Authority.--
(1) Chapter 23A of title 46, United States Code, commonly
referred to as the Intercoastal Shipping Act, 1933, is repealed
in its entirety effective September 30, 1996.
(2) The following provisions of chapter 23 of title 46,
United States Code, commonly referred to as the Shipping Act,
1916, are repealed effective September 30, 1996:
(A) Section 804.
(B) Section 817.
(C) Section 818.
(D) Section 832.
(3) The following provisions of chapter 23 of title 46,
United States Code, commonly referred to as the Shipping Act,
1916, are amended effective September 30, 1996, as follows:
(A) Section 812 is amended by--
(i) striking the subparagraph denominated
``First'' in its entirety;
(ii) by redesignating the subparagraph
denominated ``Second'' as ``First'';
(iii) by redesignating the subparagraph
denominated ``Third'' as ``Second''; and
(iv) by redesignating the subparagraph
denominated ``Fourth'' as ``Third'';
(B) Section 815 is amended by--
(i) striking the subparagraph denominated
``Second'' in its entirety;
(ii) by redesignating the subparagraph
denominated ``Third'' as ``Second'';
(iii) by deleting the penultimate
subparagraph of the section; and
(iv) by amending the last subparagraph of
the section to read as follows: ``Whoever
violates any provision of this section shall be
guilty of a misdemeanor punishable by a fine of
not more than $5,000 for each offense.''.
(C) Section 820 is amended by--
(i) striking the designation ``(a)'' from
the opening subparagraph; and
(ii) by striking the subparagraph
denominated ``(b)'' in its entirety.
severability clause
Sec. 15. If any provision of this Act, or the application of such
provision to any person or circumstance, is held invalid, the remainder
of this Act and the application of such provision to any other person
or circumstance shall not be affected by such invalidation.
effective date
Sec. 16. This Act shall be effective upon enactment, except as
specifically provided otherwise.
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