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H.R.1436 / 104th Congress

Interstate Commerce Commission Sunset Act of 1995

See H.R.2539.

Official summary

Version 00 · Introduced in House · Apr 6, 1995

Interstate Commerce Commission Sunset Act of 1995 - Amends the Interstate Commerce Act to terminate, as of September 30, 1996, the Interstate Commerce Commission (ICC) as an independent executive agency of the U.S. Government. (Sec. 5) Transfers to the Secretary of Transportation (Secretary) the functions, powers, and duties of the ICC relating to the regulation of rail transportation and to certain other surface transportation regulation. Authorizes the Secretary to establish a fee system for use of the lien recordation system with respect to instruments evidencing the mortgage, lease, conditional sale, or bailment of railroad cars, locomotives, or other rolling stock or vessels, intended for a use related to interstate commerce. Prohibits any State or political subdivision or any interstate or other political agency of two or more States from enacting or enforcing any law, rule, or standard relating to interstate or intrastate market entry, exit, rates, or services of a rail carrier. Makes a motor carrier liable for treble damages sustained by a person as a result of any violation of regulations under the Act governing the lease of motor vehicles to transport property. Increases civil penalties for carriers that violate certain inspection and recordkeeping requirements under the Act. Makes a motor carrier, motor private carrier, broker, lessor, or association of such entities liable to the U.S. Government for a civil penalty of $500 for each violation of certain provisions under the Act requiring them to annually report on their affairs. (Sec. 6) Revises requirements for determining the loss and damage liability of motor or rail carriers and freight forwarders. Authorizes the President, whenever it is determined that an act, policy, or practice of a foreign country contiguous to the United States, or any political subdivision or instrumentality of such country, is unreasonable or discriminatory and burdens or restricts U.S. transportation companies providing, or seeking to provide, motor carrier transportation of property or passengers to, from, or within such foreign country, to: (1) seek elimination of such practices through consultations; or (2) suspend, modify, amend, condition, or restrict operations in the United States by motor carriers of property or passengers domiciled in such foreign country. Transfers from the ICC to the Secretary of Labor responsibility for requiring rail carriers involved in 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, to provide for an employee protective arrangement to protect the interests of its employees who are affected by such transactions. Requires the Secretary to determine whether or not the person acquiring the property or rights involved in the transaction is a rail carrier. (Sec. 7) Requires the Secretary to approve State plans under which the State agrees to assume responsibility for enforcing Federal and compatible State commercial motor vehicle safety regulations provided such plans, among other things, ensure that the State will cooperate in the enforcement of certain motor carrier registration and insurance requirements. Authorizes the Secretary either to enter into an agreement with a State for the operation of, or to unilaterally establish, an information system that will serve as a clearinghouse and depository of information about compliance with required levels of financial responsibility, identification, and disqualification of commercial motor vehicles. Authorizes the Secretary to establish a fee system for using the information system. Authorizes the Secretary to require any motor carrier that transports or causes to be transported passengers or property in a commercial motor vehicle to register its commercial motor vehicle operations. Authorizes the Secretary to require motor carriers domiciled in foreign countries to register with the Department of Transportation, and receive an identification number, when offering transportation services within the United States. (Sec. 10) Amends the Clayton Act to remove from its application with respect to monopolies and combinations in restraint of trade any persons subject to the jurisdiction of the Federal Trade Commission. (Sec. 14) Amends the Intercoastal Shipping Act, 1933, and the Shipping Act, 1916, to terminate, as of September 30, 1996, the: (1) authority of the Federal Maritime Commission (FMC) to regulate the reasonableness of rates charged by ocean carriers in the domestic offshore trades; and (2) provisions under such Acts requiring ocean carriers in domestic offshore trades and domestic contiguous States trades to set forth their rates in tariffs filed with either the ICC or the FMC.

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Who introduced it

Rep. Lipinski, William O. [D-IL-3] · D–IL

Committees

  • Transportation and Infrastructure Committee
1 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. See H.R.2539.

  2. Referred to the Subcommittee on Surface Transportation.

  3. Referred to the Subcommittee on Railroads.

  4. Referred to the Subcommittee on Coast Guard and Maritime Transportation.

  5. Sponsor introductory remarks on measure. (CR E844)

  6. Referred to the House Committee on Transportation and Infrastructure. subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  7. Introduced in House

  8. Introduced in House

Bill text & related measures

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