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H.R.2539 / 104th Congress

ICC Termination Act of 1995

Became Public Law No: 104-88.

Official summary

Version 48 · Conference report filed in House · Dec 18, 1995

TABLE OF CONTENTS: Title I: Abolition of Interstate Commerce Commission Title II: Surface Transportation Board Title III: Conforming Amendments Subtitle A: Amendments to United States Code Subtitle B: Other Amendments Title IV: Miscellaneous Provisions ICC Termination Act of 1995 - Title I: Abolition of Interstate Commerce Commission - Abolishes the Interstate Commerce Commission (ICC). (Sec. 102) Amends Federal transportation law to transfer jurisdiction over rail carrier transportation from the ICC to the Surface Transportation Board established by this Act. Declares that remedies provided under this Act are exclusive and preempt any Federal or State remedies. Subjects local governmental authorities providing transportation services to Federal laws governing: (1) safety; (2) representation of employees for collective bargaining; and (3) employment retirement, annuity, and unemployment systems. Requires the Board to exempt a person, class of persons, or a transaction or service from its jurisdiction whenever: (1) application of this Act is not necessary to carry out U.S. rail transportation policy; and (2) either the transaction or service is of limited scope, or jurisdiction is not needed to protect shippers from the abuse of market power. Requires rail carriers subject to the jurisdiction of the Board to establish rates, classifications, through routes, rules and practices for rail transportation that are reasonable and that do not unreasonably discriminate against a participating carrier. Authorizes the Board to prescribe maximum rates, classifications, rules, practices, through routes, joint classifications, joint rates, and division of joint rates when it decides that: (1) the ones proposed by a rail carrier violate this Act; or (2) it is in the public interest. Requires the Board to establish procedures to ensure the expeditious handling of challenges to the reasonableness of railroad rates. Revises rail carrier provisions to provide for: (1) Board approval of rail carrier rate agreements; (2) Board market dominance determinations in rail rate proceedings; (3) rail carrier service contracts; (4) reduced rail rates for Government transportation; (5) prohibitions against unreasonable discrimination by rail carriers; (6) shipper's liability for payment of transportation rates; (7) designation of travel routes by shippers; (8) the licensing of persons for the construction and operation of railroad lines; (9) rail carrier procedures for the abandonment or discontinuance of railroad lines or railroad transportation; (10) the sale of railroad lines as required by public convenience and necessity; (11) requirements regarding the provision of rail carrier service and the use of terminal facilities; (12) a uniform accounting system, including depreciation charges; (13) records inspections; (14) special reports by rail carriers; (15) railroad cost accounting; (16) filing of equipment trusts and security interests with the Board; (17) Board approval over certain rail carrier transactions, including consolidations, mergers, and acquisitions; (18) certain restrictions on Board officers and directors; and (19) Board enforcement, including civil and criminal penalties for violations committed under this Act by rail carriers. (Sec. 103) Declares that in order to ensure the development, coordination, and preservation of a transportation system that meets the transportation needs of the United States, it is U.S. policy to oversee motor carrier transportation, the transportation of passengers by motor carrier, and transportation by water carrier. Revises, for purposes of this Act, the term "carrier" to mean a motor carrier, a water carrier, and a freight forwarder. Grants the Secretary of Transportation (currently, the ICC) and the Board jurisdiction over motor carriers, water carriers, and freight forwarders, with specified exceptions. Sets forth administrative provisions with respect to: (1) certain requirements for rates, rules, classifications, through routes, and practices with respect to the transportation of household goods or passengers by motor carrier or transportation by water carrier; (2) procedures for resolving claims by a motor carrier of property (other than a household goods carrier) or freight forwarder with respect to unfiled, negotiated transportation rates; (3) Government traffic and food and grocery transportation; (4) certain registration requirements for motor carriers, freight forwarders, and brokers for transportation of property; (5) restrictions on acts, policies, or practices of a foreign country that are unreasonable or discriminatory and burden or restrict U.S. transportation companies providing motor carrier transportation; (6) replacement of certain registration and financial responsibility information programs; (7) general operation requirements with respect to motor carriers; (8) inspection of records of carriers and brokers; (9) certain financial and safety reports; (10) security interests in motor carrier vehicles; (11) pooling or division of transportation services or earnings by motor carriers; (12) Board approval of the consolidation, merger, and acquisition of control of motor carriers of passengers; (13) Federal jurisdiction (to the exclusion of any State or local jurisdiction) over interstate and intrastate transportation of passengers by motor carrier and transportation by freight forwarders and brokers; (14) prohibition of certain State and local property taxes on motor carrier transportation property and of income taxation of motor carrier employees except the State and locality of the employee's residence; (15) single State registration of motor carriers; (16) enforcement, investigations, rights, and remedies; (17) civil and criminal penalties; and (18) motor carrier insurance requirements. (Sec. 104) Amends the Secretary's authority to approve State plans under which the State agrees to assume responsibility for enforcing Federal and compatible State commercial motor vehicle safety regulations to add the requirement that such a plan, among other things, ensure that the State will cooperate in the enforcement of certain motor carrier registration and insurance requirements. (Sec. 105) Requires an employee who is separated from the ICC to be given credit for accrued annual leave for purposes of determining eligibility for and computing the amount of any retirement annuity. (Sec. 106) Defines pipeline carrier as a person who provides pipeline transportation for compensation. Declares that the Board has jurisdiction over interstate transportation by pipeline, or by pipeline and railroad or water, when transporting a commodity other than water, gas, or oil. Requires the Board to exempt a person, class of persons, or a transaction or service from its jurisdiction whenever: (1) application of this Act is not necessary to carry out U.S. pipeline transportation policy; and (2) either the transaction or service is of limited scope, or application of this Act is not needed to protect shippers from the abuse of market power. Requires pipeline carriers subject to the jurisdiction of the Board to establish rates, classifications, through routes, rules, and practices for pipeline transportation that are reasonable and that do not unreasonably discriminate against a connecting line of any other pipeline, rail, or water carrier or line in the distribution of traffic that is not routed specifically by the shipper. Authorizes the Board to prescribe rates, classifications, rules, and practices when it decides that those proposed by a pipeline carrier violate this Act. Authorizes a pipeline carrier to provide without charge or at a reduced rate pipeline transportation or service to the U.S. Government. Sets forth administrative provisions with respect to: (1) general operation requirements with respect to pipeline carriers; (2) inspection of records of pipeline carriers and lessors; (3) enforcement, investigations, rights, and remedies; and (4) civil and criminal penalties. Title II: Surface Transportation Board - Amends Federal transportation law to establish the Surface Transportation Board within the Department of Transportation. Authorizes appropriations for FY 1996 through 1998. Establishes the Railroad-Shipper Transportation Advisory Council. Title III: Conforming Amendments - Amends or repeals specified Federal laws to conform them to this Act. Title IV: Miscellaneous Provisions - Declares the licensing of a launch vehicle or launch site operator shall not be considered a major Federal action requiring an environmental impact statement under the National Environmental Policy Act of 1969 if certain conditions exist. (Sec. 402) Amends Federal criminal law to impose penalties for destruction of a motor vehicle or train that carries radioactive waste. (Sec. 403) Amends Federal transportation law to direct the Secretary to establish sanctions and penalties for violations of laws regarding railroad-highway grade crossings by persons operating commercial vehicles. (Sec. 404) Declares that certain vehicle weight requirements shall not apply to the segment of U.S. Route 220 between Bedford and Bald Eagle, Pennsylvania, if such segment is designated as part of the Interstate System. (Sec. 406) Requires the Secretary to issue a final rule authorizing the continued use of fiber drum packaging with a removable head for the transportation of liquid hazardous materials if certain conditions are met. Requires the Secretary to study whether other standards with respect to fiber drum packaging will provide equal or greater safety for the transportation of liquid hazardous materials. (Sec. 407) Directs the Secretary to transmit to specified congressional committees a study that analyzes each of the noncontiguous domestic trades. (Sec. 408) Directs the Federal Highway Administration to issue an advance notice of proposed rulemaking with respect to various specified fatigue-related transportation issues.

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Who introduced it

Rep. Shuster, Bud [R-PA-9] · R–PA

Committees

  • Commerce, Science, and Transportation Committee
  • Transportation and Infrastructure Committee
3 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. Became Public Law No: 104-88.

  2. Became Public Law No: 104-88.

  3. Signed by President.

  4. Signed by President.

  5. Presented to President.

  6. Presented to President.

  7. Pursuant to the provisions of S. Con. Res. 37, enrollment corrections have been made.

  8. On agreeing to the conference report Agreed to without objection. (consideration: CR H15604)

  9. Motion to reconsider laid on the table Agreed to without objection.

  10. Conference report agreed to in House: On agreeing to the conference report Agreed to without objection.(consideration: CR H15604)

  11. Mr. Shuster brought up conference report H. Rept. 104-422 by previously agreed to special order.

  12. CONSIDERATION OF LEGISLATION - Mr. Shuster asked unanimous consent to call up the conference report on the bill, and that an associated Senate Concurrent Resolution (S. Con. Res. 37) be considered as having been agreed to. Agreed to without objection.

  13. Sponsor introductory remarks on measure. (CR H15600-15601)

  14. Message on Senate action sent to the House.

  15. Senate agreed to conference report by Voice Vote. (consideration: CR S19074-19076)

  16. Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.(consideration: CR S19074-19076)

  17. Rule H. Res. 312 passed House.

  18. Rules Committee Resolution H. Res. 312 Reported to House. Rule provides for consideration of the conference report to H.R. 2539. All points of order against the conference report and against its consideration shall be waived.

  19. Conference papers: Senate report and managers' statement and official papers held at the desk in Senate.

  20. Conference report H. Rept. 104-422 filed. (text of conference report: CR H14993-15056)

  21. Conference report filed: Conference report H. Rept. 104-422 filed.(text of conference report: CR H14993-15056)

  22. Conferees agreed to file conference report.

  23. Conference committee actions: Conferees agreed to file conference report.

  24. Conference held.

  25. Conference committee actions: Conference held.

  26. The Speaker appointed an additional conferee for consideration of the House bill and the Senate amendment and modifications committed to conference, to fill a vacancy caused by the resignation of Mr. Lipinski: Wise.

  27. The House received a communication from the Honorable William O. Lipinski. Mr. Lipinski notified the Speaker of his resignation as a conferee on the bill H.R. 2539. Without objection, the resignation was accepted.

  28. Message on Senate action sent to the House.

  29. Senate insists on its amendment agrees to request for a conference, appoints conferees Pressler; Stevens; Burns; Lott; Hutchison; Ashcroft; Hollings; Inouye; Exon; Rockefeller; Breaux. (consideration: CR S18249)

  30. Message on House action received in Senate and at the desk: House requests a conference.

  31. Motion to reconsider laid on the table Agreed to without objection.

  32. The Speaker appointed additional conferees - from the Committee on the Judiciary for consideration of the House bill, and the Senate amendment, and modifications committed to conference: Hyde, Moorhead, and Conyers.

  33. The Speaker appointed conferees - from the Committee on Transportation and Infrastructure for consideration of the House bill, and the Senate amendment, and modifications committed to conference: Shuster, Clinger, Petri, Coble, Molinari, Oberstar, Rahall, and Lipinski.

  34. On motion that the House disagree to the Senate amendment, and request a conference Agreed to without objection. (consideration: CR H13841)

  35. Mr. Shuster asked unanimous consent that the House disagree to the Senate amendment, and request a conference.

  36. Message on Senate action sent to the House.

  37. Passed Senate in lieu of S. 1396 with an amendment by Voice Vote.

  38. Passed/agreed to in Senate: Passed Senate in lieu of S. 1396 with an amendment by Voice Vote.

  39. Senate struck all after the Enacting Clause and substituted the language of S. 1396 amended.

  40. Measure laid before Senate. (consideration: CR S17602)

  41. Senate Committee on Commerce discharged by Unanimous Consent.

  42. Senate Committee on Commerce discharged by Unanimous Consent.

  43. Received in the Senate and read twice and referred to the Committee on Commerce.

  44. Motion to reconsider laid on the table Agreed to without objection.

  45. On passage Passed by recorded vote: 417 - 8 (Roll no. 793).

    House roll call 793 · Individual votes
  46. Passed/agreed to in House: On passage Passed by recorded vote: 417 - 8 (Roll no. 793).

    House roll call 793 · Individual votes
  47. The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

  48. The previous question was ordered pursuant to the rule.

  49. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2539.

  50. Rule H. Res. 259 passed House.

  51. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.

  52. The Speaker designated the Honorable Jack Kingston to act as Chairman of the Committee.

  53. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 259 and Rule XXIII.

  54. Rule provides for consideration of H.R. 2539 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Rule provides for consideration of H.R. 2539 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Transportation now printed in the bill as an original bill. Before consideration of any other amendment, it shall be in order without intervention of any point of order to consider the amendment caused by the Chairman of the Transportation Committee to be printed in the Congressional Record, debatable for 10 minutes and not subject to further amendment. If that amendment i...

  55. Considered under the provisions of rule H. Res. 259. (consideration: CR H12253-12311)

  56. Rules Committee Resolution H. Res. 259 Reported to House. Rule provides for consideration of H.R. 2539 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Rule provides for consideration of H.R. 2539 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Transportation now printed in the bill as an original bill. Before consideration of any other amendment, it shall be in order without intervention of any point of order to consider the amendment caused by the Chairman of the Transportation Committee to be printed in the Congressional Record, debatable for 10 minutes and not subject to further amendment. If that amendment i...

  57. Placed on the Union Calendar, Calendar No. 163.

  58. Reported (Amended) by the Committee on Transportation. H. Rept. 104-311. Filed late, pursuant to previous special order.

  59. Reported (Amended) by the Committee on Transportation. H. Rept. 104-311. Filed late, pursuant to previous special order.

  60. Ordered to be Reported (Amended) by the Yeas and Nays: 36 - 22.

  61. Committee Consideration and Mark-up Session Held.

  62. Forwarded by Subcommittee to Full Committee by Voice Vote.

  63. Subcommittee Consideration and Mark-up Session Held.

  64. Forwarded by Subcommittee to Full Committee by Voice Vote.

  65. Subcommittee Consideration and Mark-up Session Held.

  66. Referred to the Subcommittee on Surface Transportation.

  67. Referred to the Subcommittee on Railroads.

  68. Referred to the House Committee on Transportation.

  69. Introduced in House

  70. Introduced in House

  71. Hearings Held by the Subcommittee on Surface Transportation Prior to Introduction and Referral (Hearings Printed: H. Hrg. 104-19).

  72. Hearings Held by the Subcommittee on Railroads Prior to Introduction and Referral.

  73. Hearings Held by the Subcommittee on Railroads Prior to Introduction and Referral.

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