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United States · Law · HR

H.R. 2539 (104th)

ICC Termination Act of 1995

enactedUnited States· United States Congress· EN

Introduced

26 October 1995

Last action

—

Status

Became Public Law No: 104-88.

Sponsors

—

Subjects

Discovery layer

Source updated

7 April 2025

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Summary

TABLE OF CONTENTS: Title I: Abolition of Interstate Commerce Commission Title II: Transportation Adjudication Panel Title III: Conforming Amendments Subtitle A: Amendments to United States Code Subtitle B: Other Amendments 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 declare that remedies provided under this Act are exclusive and preempt any Federal or State remedies. Revises provisions to transfer jurisdiction over rail carrier transportation from the ICC to the Transportation Adjudication Panel established by this Act. Requires the Panel 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 Panel 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 Panel 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. Revises rail carrier provisions to provide for: (1) Panel approval of rail carrier rate agreements; (2) Panel market dominance determinations in rail rate proceedings; (3) rail carrier service contracts; (4) reduced rail rates for Government transportation and during emergencies; (5) prohibitions against unreasonable discrimination by rail carriers; (6) rail carrier licensing for the construction and operation of railroad lines; (7) rail carrier procedures for the abandonment or discontinuance of railroad lines or railroad transportation; (8) requirements regarding the provision of rail carrier service and the use of terminal facilities; (9) a uniform accounting system, including depreciation charges; (10) records inspections; (11) special reports by rail carriers; (12) railroad cost accounting; (13) filing of equipment trusts and security interests with the Panel; (14) Panel approval over certain rail carrier transactions, including consolidations, mergers, and acquisitions; and (15) Panel enforcement, including civil and criminal penalties for violations committed under this Act by rail carriers. 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 provide for the impartial regulation of motor carrier transportation and the transportation of passengers by motor carrier. Revises, for purposes of this Act, the term "carrier" to mean a motor carrier, a water carrier, a freight forwarder, and a foreign motor carrier and a foreign motor private carrier. Grants the Secretary of Transportation (currently, the ICC) and the Panel jurisdiction over motor carriers and freight forwarders, with specified exceptions, and the Secretary alone jurisdiction over water carriers. 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 motor carrier brokers; (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 (excluding lessors); (9) security interests in motor carrier vehicles; (10) pooling or division of transportation services or earnings by motor carriers; (11) 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; (12) prohibition of State and local income taxation of motor carrier employees except the State and locality of the employee's residence; (13) single State registration of motor carriers; (14) enforcement, investigations, rights, and remedies; (15) civil and criminal penalties; and (16) motor carrier insurance requirements. Title II: Transportation Adjudication Panel - Establishes the Panel within the Department of Transportation. Transfers jurisdiction currently held by the ICC to the Panel. Directs the Panel to report annually to the Congress on its activities. Authorizes appropriations. Title III: Conforming Amendments - Amends and repeals specified Federal laws to conform them to this Act.

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16 official files

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