    [Congressional Bills 104th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 2539 Introduced in House (IH)]

    104th CONGRESS
      1st Session
                                    H. R. 2539

    To abolish the Interstate Commerce Commission, to amend subtitle IV of
        title 49, United States Code, to reform economic regulation of
                    transportation, and for other purposes.

    _______________________________________________________________________

                        IN THE HOUSE OF REPRESENTATIVES

                                October 26, 1995

      Mr. Shuster (for himself, Mr. Petri, Mr. Rahall, and Ms. Molinari)
     introduced the following bill; which was referred to the Committee on
                       Transportation and Infrastructure

    _______________________________________________________________________

                                     A BILL

    To abolish the Interstate Commerce Commission, to amend subtitle IV of
        title 49, United States Code, to reform economic regulation of
                    transportation, and for other purposes.

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``ICC Termination Act of 1995''.

              TITLE I--ABOLITION OF INTERSTATE COMMERCE COMMISSION

    SEC. 101. ABOLITION.

        The Interstate Commerce Commission is abolished.

    SEC. 102. RAIL PROVISIONS.

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

                    ``SUBTITLE IV--INTERSTATE TRANSPORTATION

                                 ``PART A--RAIL

    ``Chapter                                                          Sec.
    ``101.  GENERAL PROVISIONS                                        10101
    ``103.  JURISDICTION                                              10301
    ``105.  RATES                                                     10501
    ``107.  LICENSING                                                 10701
    ``109.  OPERATIONS                                                10901
    ``111.  FINANCE                                                   11101
    ``113.  FEDERAL-STATE RELATIONS                                   11301
    ``115.  ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES         11501
    ``117.  CIVIL AND CRIMINAL PENALTIES                              11701
        ``PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT
                                   FORWARDERS

    ``Chapter                                                          Sec.
    ``131.  GENERAL PROVISIONS                                        13101
    ``133.  ADMINISTRATIVE PROVISIONS                                 13301
    ``135.  JURISDICTION                                              13501
    ``137.  RATES AND THROUGH ROUTES                                  13701
    ``139.  REGISTRATION                                              13901
    ``141.  OPERATIONS OF CARRIERS                                    14101
    ``143.  FINANCE                                                   14301
    ``145.  FEDERAL-STATE RELATIONS                                   14501
    ``147.  ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES             14701
    ``149.  CIVIL AND CRIMINAL PENALTIES                              14901

                                 ``PART A--RAIL

                       ``CHAPTER 101--GENERAL PROVISIONS

    ``Sec.
    ``10101. Rail transportation policy.
    ``10102. Definitions.
    ``10103. Remedies are exclusive.
    ``Sec. 10101. Rail transportation policy
        ``In regulating the railroad industry, it is the policy of the
    United States Government--
                ``(1) to allow, to the maximum extent possible, competition
            and the demand for services to establish reasonable rates for
            transportation by rail;
                ``(2) to minimize the need for Federal regulatory control
            over the rail transportation system and to require fair and
            expeditious regulatory decisions when regulation is required;
                ``(3) to promote a safe and efficient rail transportation
            system by allowing rail carriers to earn adequate revenues, as
            determined by the Panel;
                ``(4) to ensure the development and continuation of a sound
            rail transportation system with effective competition among
            rail carriers and with other modes, to meet the needs of the
            public and the national defense;
                ``(5) to foster sound economic conditions in transportation
            and to ensure effective competition and coordination between
            rail carriers and other modes;
                ``(6) to maintain reasonable rates where there is an
            absence of effective competition and where rail rates provide
            revenues which exceed the amount necessary to maintain the rail
            system and to attract capital;
                ``(7) to reduce regulatory barriers to entry into and exit
            from the industry;
                ``(8) to operate transportation facilities and equipment
            without detriment to the public health and safety;
                ``(9) to encourage honest and efficient management of
            railroads;
                ``(10) to require rail carriers, to the maximum extent
            practicable, to rely on individual rate increases, and to limit
            the use of increases of general applicability;
                ``(11) to encourage fair wages and safe and suitable
            working conditions in the railroad industry;
                ``(12) to avoid undue concentrations of market power and to
            prohibit unlawful discrimination;
                ``(13) to ensure the availability of accurate cost
            information in regulatory proceedings, while minimizing the
            burden on rail carriers of developing and maintaining the
    capability of providing such information; and
                ``(14) to encourage and promote energy conservation.
    ``Sec. 10102. Definitions
        ``In this part--
                ``(1) `car service' includes (A) the use, control, supply,
            movement, distribution, exchange, interchange, and return of
            locomotives, cars, other vehicles, and special types of
            equipment used in the transportation of property by a rail
            carrier, and (B) the supply of trains by a rail carrier;
                ``(2) `control', when referring to a relationship between
            persons, includes actual control, legal control, and the power
            to exercise control, through or by (A) common directors,
            officers, stockholders, a voting trust, or a holding or
            investment company, or (B) any other means;
                ``(3) `Panel' means the Transportation Adjudication Panel;
                ``(4) `person', in addition to its meaning under section 1
            of title 1, includes a trustee, receiver, assignee, or personal
            representative of a person;
                ``(5) `rail carrier' means a person providing railroad
            transportation for compensation, but does not include street,
            suburban, or interurban electric railways not operated as part
            of the general system of rail transportation;
                ``(6) `railroad' includes--
                        ``(A) a bridge, car float, lighter, and ferry used
                    by or in connection with a railroad;
                        ``(B) the road used by a rail carrier and owned by
                    it or operated under an agreement; and
                        ``(C) a switch, spur, track, terminal, terminal
                    facility, and a freight depot, yard, and ground, used
                    or necessary for transportation;
                ``(7) `rate' means a rate, fare, or charge for
            transportation;
                ``(8) `State' means a State of the United States and the
            District of Columbia;
                ``(9) `transportation' includes--
                        ``(A) a locomotive, car, vehicle, yard, property,
                    facility, instrumentality, or equipment of any kind
                    related to the movement of passengers or property, or
                    both, by rail, regardless of ownership or an agreement
                    concerning use; and
                        ``(B) services related to that movement, including
                    receipt, delivery, elevation, transfer in transit,
                    refrigeration, icing, ventilation, storage, handling,
                    and interchange of passengers and property; and
                ``(10) `United States' means the States of the United
            States and the District of Columbia.
    ``Sec. 10103. Remedies are exclusive
        ``Except as otherwise provided in this part, the remedies provided
    under this part are exclusive and preempt the remedies provided under
    any Federal or State statute.

                          ``CHAPTER 103--JURISDICTION

    ``Sec.
    ``10301. General jurisdiction.
    ``10302. Authority to exempt rail carrier transportation.
    ``Sec. 10301. General jurisdiction
        ``(a)(1) Subject to this chapter and other law, the Panel has
    jurisdiction over transportation by rail carrier that is--
                ``(A) only by railroad; or
                ``(B) by railroad and water, when the transportation is
            under common control, management, or arrangement for a
            continuous carriage or shipment.
        ``(2) Jurisdiction under paragraph (1) applies only to
    transportation in the United States between a place in--
                ``(A) a State and a place in the same or another State;
                ``(B) a State and a place in a territory or possession of
            the United States;
                ``(C) a territory or possession of the United States and a
            place in another such territory or possession;
                ``(D) a territory or possession of the United States and
            another place in the same territory or possession;
                ``(E) the United States and another place in the United
            States through a foreign country; or
                ``(F) the United States and a place in a foreign country.
        ``(b) This part does not affect the power of a State to exercise
    its police power, unless the State requirement is inconsistent with an
    order of the Panel issued under this part or is prohibited under this
    part.
        ``(c) The jurisdiction of the Panel over--
                ``(1) transportation by rail carriers, and the remedies
            provided in this part with respect to rates, classifications,
            rules, practices, and facilities of such carriers; and
                ``(2) the construction, acquisition, operation,
            abandonment, or discontinuance of spur, industrial, team,
            switching, or side tracks, or facilities, even if the tracks
            are located, or intended to be located, entirely in one State,
    is exclusive.
    ``Sec. 10302. Authority to exempt rail carrier transportation
        ``(a) In a matter related to a rail carrier providing
    transportation subject to the jurisdiction of the Panel under this
    part, the Panel, to the maximum extent consistent with this part, shall
    exempt a person, class of persons, or a transaction or service whenever
    the Panel finds that the application of a provision of this part--
                ``(1) is not necessary to carry out the transportation
            policy of section 10101 of this title; and
                ``(2) either--
                        ``(A) the transaction or service is of limited
                    scope; or
                        ``(B) the application of the provision is not
                    needed to protect shippers from the abuse of market
                    power.
        ``(b) The Panel may, where appropriate, begin a proceeding under
    this section on its own initiative or on application by the Secretary
    of Transportation or an interested party. The Panel shall, within 90
    days after receipt of any such application, approve or disapprove such
    application. If the application is approved, the Panel shall begin an
    appropriate proceeding as soon as practicable. If the application is
    disapproved, the reasons for the disapproval shall be published in the
    Federal Register. Any proceeding begun as a result of an application
    under this subsection shall be completed within one year after it is
    begun.
        ``(c) The Panel may specify the period of time during which an
    exemption granted under this section is effective.
        ``(d) The Panel may revoke an exemption, to the extent it
    specifies, when it finds that application of a provision of this part
    to the person, class, or transportation is necessary to carry out the
    transportation policy of section 10101 of this title.
        ``(e) No exemption order issued pursuant to this section shall
    operate to relieve any rail carrier from an obligation to provide
    contractual terms for liability and claims which are consistent with
    the provisions of section 11506 of this title. Nothing in this
    subsection or section 11506 of this title shall prevent rail carriers
    from offering alternative terms nor give the Panel the authority to
    require any specific level of rates or services based upon the
    provisions of section 11506 of this title.
        ``(f) The Panel may exercise its authority under this section to
    exempt transportation that is provided by a rail carrier.
        ``(g) The Panel may not exercise its authority under this section
    to relieve a rail carrier of its obligation to protect the interests of
    employees as required by this part.

                              ``CHAPTER 105--RATES

                       ``SUBCHAPTER I--GENERAL AUTHORITY

    ``10501. Standards for rates, classifications, through routes, rules,
                                and practices.
    ``10502. Authority for rail carriers to establish rates,
                                classifications, rules, and practices.
    ``10503. Authority for rail carriers to establish through routes.
    ``10504. Authority and criteria: rates, classifications, rules, and
                                practices prescribed by Panel.
    ``10505. Authority: through routes, joint classifications, rates, and
                                divisions prescribed by Panel.
    ``10506. Rate agreements: exemption from antitrust laws.
    ``10507. Determination of market dominance in rail rate proceedings.
    ``10508. Inflation-based rate increases.
    ``10509. Contracts.
                     ``SUBCHAPTER II--SPECIAL CIRCUMSTANCES

    ``10521. Government traffic.
    ``10522. Emergency rates.
    ``10523. Car utilization.
                         ``SUBCHAPTER III--LIMITATIONS

    ``10541. Prohibitions against discrimination by rail carriers.
    ``10542. Facilities for interchange of traffic.
    ``10543. Continuous carriage of freight.
    ``10544. Transportation services or facilities furnished by shipper.
    ``10545. Demurrage charges.

                       ``SUBCHAPTER I--GENERAL AUTHORITY

    ``Sec. 10501. Standards for rates, classifications, through routes,
                  rules, and practices
        ``(a) A through route established by a rail carrier must be
    reasonable. Divisions of joint rates by rail carriers must be made
    without unreasonable discrimination against a participating carrier and
    must be reasonable.
        ``(b) A rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part may not discriminate in its
    rates against a connecting line of another rail carrier providing
    transportation subject to the jurisdiction of the Panel under this part
    or unreasonably discriminate against that line in the distribution of
    traffic that is not routed specifically by the shipper.
        ``(c) Except as provided in subsection (d) of this section and
    unless a rate is prohibited by a provision of this part, a rail carrier
    providing transporation subject to the jurisdiction of the Panel under
    this part may establish any rate for transportation or other service
    provided by the rail carrier.
        ``(d)(1) If the Panel determines, under section 10507 of this
    title, that a rail carrier has market dominance over the transportation
    to which a particular rate applies, the rate established by such
    carrier for such transportation must be reasonable.
        ``(2) In determining whether a rate established by a rail carrier
    is reasonable for purposes of this section, the Panel shall recognize
    the policy of this part that rail carriers shall earn adequate
    revenues, as established by the Panel under section 10504(a)(2) of this
    title.
        ``(3) The Panel shall, within one year after the date of the
    enactment of this paragraph, complete the pending Interstate Commerce
    Commission non-coal rate guidelines proceeding to establish simplified
    and expedited procedures for the determination of rate reasonableness
    cases in which a full presentation of constrained market pricing
    evidence is impractical.
    ``Sec. 10502. Authority for rail carriers to establish rates,
                  classifications, rules, and practices
        ``A rail carrier providing transportation or service subject to the
    jurisdiction of the Panel under this part shall establish--
                ``(1) rates, including divisions of joint rates, and
            classifications for transportation and service it may provide
            under this part; and
                ``(2) rules and practices on matters related to that
            transportation or service.
    ``Sec. 10503. Authority for rail carriers to establish through routes
        ``Rail carriers providing transportation subject to the
    jurisdiction of the Panel under this part shall establish through
    routes with each other, shall establish rates and classifications
    applicable to those routes, and shall establish rules for their
    operation and provide--
                ``(1) reasonable facilities for operating the through
            route; and
                ``(2) reasonable compensation to persons entitled to
            compensation for services related to the through route.
    ``Sec. 10504. Authority and criteria: rates, classifications, rules,
                  and practices prescribed by Panel
        ``(a)(1) When the Panel, after a full hearing, decides that a rate
    charged or collected by a rail carrier for transportation subject to
    the jurisdiction of the Panel under this part, or that a
    classification, rule, or practice of that carrier does or will violate
    this part, the Panel may prescribe the maximum rate, classification,
    rule, or practice to be followed. The Panel may order the carrier to
    stop the violation. When a rate, classification, rule, or practice is
    prescribed under this subsection, the affected carrier may not publish,
    charge, or collect a different rate and shall adopt the classification
    and observe the rule or practice prescribed by the Panel.
        ``(2) The Panel shall maintain and revise as necessary standards
    and procedures for establishing revenue levels for rail carriers
    providing transportation subject to its jurisdiction under this part
    that are adequate, under honest, economical, and efficient management,
    to cover total operating expenses, including depreciation and
    obsolescence, plus a reasonable and economic profit or return (or both)
    on capital employed in the business. The Panel shall make an adequate
    and continuing effort to assist those carriers in attaining revenue
    levels prescribed under this paragraph. Revenue levels established
    under this paragraph should--
                ``(A) provide a flow of net income plus depreciation
            adequate to support prudent capital outlays, assure the
            repayment of a reasonable level of debt, permit the raising of
            needed equity capital, and cover the effects of inflation; and
                ``(B) attract and retain capital in amounts adequate to
            provide a sound transportation system in the United States.
        ``(3) On the basis of the standards and procedures described in
    paragraph (2), the Panel shall annually determine which rail carriers
    are earning adequate revenues.
        ``(b) The Panel may begin a proceeding under this section on its
    own initiative or on complaint. A complaint under subsection (a) of
    this section must be made under section 11501 of this title, but the
    proceeding may also be in extension of a complaint pending before the
    Panel.
    ``Sec. 10505. Authority: through routes, joint classifications, rates,
                  and divisions prescribed by Panel
        ``(a)(1) The Panel may, and shall when it considers it desirable in
    the public interest, prescribe through routes, joint classifications,
    joint rates, the division of joint rates, and the conditions under
    which those routes must be operated, for a rail carrier providing
    transportation subject to the jurisdiction of the Panel under this
    part.
        ``(2) The Panel may require a rail carrier to include in a through
    route substantially less than the entire length of its railroad and any
    intermediate railroad operated with it under common management or
    control if that intermediate railroad lies between the terminals of the
    through route only when--
                ``(A) required under sections 10541, 10542, or 11101 of
            this title;
                ``(B) inclusion of those lines would make the through route
            unreasonably long when compared with a practicable alternative
            through route that could be established; or
                ``(C) the Panel decides that the proposed through route is
            needed to provide adequate, and more efficient or economic,
            transportation.
    The Panel shall give reasonable preference, subject to this subsection,
    to the rail carrier originating the traffic when prescribing through
    routes.
        ``(b) The Panel shall prescribe the division of joint rates to be
    received by a rail carrier providing transportation subject to its
    jurisdiction under this part when it decides that a division of joint
    rates established by the participating carriers under section 10503 of
    this title, or under a decision of the Panel under subsection (a) of
    this section, does or will violate section 10501 of this title.
        ``(c) If a division of a joint rate prescribed under a decision of
    the Panel is later found to violate section 10501 of this title, the
    Panel may decide what division would have been reasonable and order
    adjustment to be made retroactive to the date the complaint was filed,
    the date the order for an investigation was made, or a later date that
    the Panel decides is justified. The Panel may make a decision under
    this subsection effective as part of its original decision.
    ``Sec. 10506. Rate agreements: exemption from antitrust laws
        ``(a)(1) In this subsection--
                ``(A) the term `affiliate' means a person controlling,
            controlled by, or under common control or ownership with
            another person and `ownership' refers to equity holdings in a
            business entity of at least 5 percent;
                ``(B) the term `single-line rate' refers to a rate or
            allowance proposed by a single rail carrier that is applicable
            only over its line and for which the transportation (exclusive
            of terminal services by switching, drayage or other terminal
            carriers or agencies) can be provided by that carrier; and
                ``(C) the term `practicably participates in the movement'
            shall have such meaning as the Panel shall by regulation
            prescribe.
        ``(2)(A) A rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part that is a party to an
    agreement of at least 2 rail carriers that relates to rates (including
    charges between rail carriers and compensation paid or received for the
    use of facilities and equipment), classifications, divisions, or rules
    related to them, or procedures for joint consideration, initiation,
    publication, or establishment of them, shall apply to the Panel for
    approval of that agreement under this subsection. The Panel shall
    approve the agreement only when it finds that the making and carrying
    out of the agreement will further the transportation policy of section
    10101 of this title and may require compliance with conditions
    necessary to make the agreement further that policy as a condition of
    its approval. If the Panel approves the agreement, it may be made and
    carried out under its terms and under the conditions required by the
    Panel, and the Sherman Act (15 U.S.C. 1, et seq.), the Clayton Act (15
    U.S.C. 12, et seq.), the Federal Trade Commission Act (15 U.S.C. 41, et
    seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9),
    and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) do not apply
    to parties and other persons with respect to making or carrying out the
    agreement. However, the Panel may not approve or continue approval of
    an agreement when the conditions required by it are not met or if it
    does not receive a verified statement under subparagraph (B) of this
    paragraph.
        ``(B) The Panel may approve an agreement under subparagraph (A) of
    this paragraph only when the rail carriers applying for approval file a
    verified statement with the Panel. Each statement must specify for each
    rail carrier that is a party to the agreement--
                ``(i) the name of the carrier;
                ``(ii) the mailing address and telephone number of its
            headquarter's office; and
                ``(iii) the names of each of its affiliates and the names,
            addresses, and affiliates of each of its officers and directors
            and of each person, together with an affiliate, owning or
            controlling any debt, equity, or security interest in it having
            a value of at least $1,000,000.
        ``(3)(A) An organization established or continued under an
    agreement approved under this subsection shall make a final disposition
    of a rule or rate docketed with it by the 120th day after the proposal
    is docketed. Such an organization may not--
                ``(i) permit a rail carrier to discuss, to participate in
            agreements related to, or to vote on single-line rates proposed
            by another rail carrier, except that for purposes of general
            rate increases and broad changes in rates, classifications,
            rules, and practices only, if the Panel finds at any time that
            the implementation of this clause is not feasible, it may delay
            or suspend such implementation in whole or in part;
                ``(ii) permit a rail carrier to discuss, to participate in
            agreements related to, or to vote on rates related to a
            particular interline movement unless that rail carrier
            practicably participates in the movement; or
                ``(iii) if there are interline movements over two or more
            routes between the same end points, permit a carrier to
            discuss, to participate in agreements related to, or to vote on
            rates except with a carrier which forms part of a particular
            single route. If the Panel finds at any time that the
            implementation of this clause is not feasible, it may delay or
            suspend such implementation in whole or in part.
        ``(B)(i) In any proceeding in which a party alleges that a rail
    carrier voted or agreed on a rate or allowance in violation of this
    subsection, that party has the burden of showing that the vote or
    agreement occurred. A showing of parallel behavior does not satisfy
    that burden by itself.
        ``(ii) In any proceeding in which it is alleged that a carrier was
    a party to an agreement, conspiracy, or combination in violation of a
    Federal law cited in subsection (a)(2)(A) of this section or of any
    similar State law, proof of an agreement, conspiracy, or combination
    may not be inferred from evidence that two or more rail carriers acted
    together with respect to an interline rate or related matter and that a
    party to such action took similar action with respect to a rate or
    related matter on another route or traffic. In any proceeding in which
    such a violation is alleged, evidence of a discussion or agreement
    between or among such rail carrier and one or more other rail carriers,
    or of any rate or other action resulting from such discussion or
    agreement, shall not be admissible if the discussion or agreement--
                ``(I) was in accordance with an agreement approved under
            paragraph (2) of this subsection; or
                ``(II) concerned an interline movement of the rail carrier,
            and the discussion or agreement would not, considered by
            itself, violate the laws referred to in the first sentence of
            this clause.
    In any proceeding before a jury, the court shall determine whether the
    requirements of subclause (I) or (II) are satisfied before allowing the
    introduction of any such evidence.
        ``(C) An organization described in subparagraph (A) of this
    paragraph shall provide that transcripts or sound recordings be made of
    all meetings, that records of votes be made, and that such transcripts
    or recordings and voting records be submitted to the Panel and made
    available to other Federal agencies in connection with their statutory
    responsibilities over rate bureaus, except that such material shall be
    kept confidential and shall not be subject to disclosure under section
    552 of title 5, United States Code.
        ``(4) Notwithstanding any other provision of this subsection, one
    or more rail carriers may enter into an agreement, without obtaining
    prior Panel approval, that provides solely for compilation,
    publication, and other distribution of rates in effect or to become
    effective. The Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15
    U.S.C. 12 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et
    seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9),
    and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) shall not
    apply to parties and other persons with respect to making or carrying
    out such agreement. However, the Panel may, upon application or on its
    own initiative, investigate whether the parties to such an agreement
    have exceeded its scope, and upon a finding that they have, the Panel
    may issue such orders as are necessary, including an order dissolving
    the agreement, to ensure that actions taken pursuant to the agreement
    are limited as provided in this paragraph.
        ``(5)(A) Whenever two or more shippers enter into an agreement to
    discuss among themselves that relates to the amount of compensation
    such shippers propose to be paid by rail carriers providing
    transportation subject to the jurisdiction of the Panel under this
    part, for use by such rail carriers of rolling stock owned or leased by
    such shippers, the shippers shall apply to the Panel for approval of
    that agreement under this paragraph. The Panel shall approve the
    agreement only when it finds that the making and carrying out of the
    agreement will further the transportation policy set forth in section
    10101 of this title and may require compliance with conditions
    necessary to make the agreement further that policy as a condition of
    approval. If the Panel approves the agreement, it may be made and
    carried out under its terms and under the terms required by the Panel,
    and the antitrust laws set forth in paragraph (2) of this subsection do
    not apply to parties and other persons with respect to making or
    carrying out the agreement. The Panel shall approve or disapprove an
    agreement under this paragraph within one year after the date
    application for approval of such agreement is made.
        ``(B) If the Panel approves an agreement described in subparagraph
    (A) of this paragraph and the shippers entering into such agreement and
    the rail carriers proposing to use rolling stock owned or leased by
    such shippers, under payment by such carriers or under a published
    allowance, are unable to agree upon the amount of compensation to be
    paid for the use of such rolling stock, any party directly involved in
    the negotiations may require that the matter be settled by submitting
    the issues in dispute to the Panel. The Panel shall render a binding
    decision, based upon a standard of reasonableness and after taking into
    consideration any past precedents on the subject matter of the
    negotiations, no later than 90 days after the date of the submission of
    the dispute to the Panel.
        ``(C) Nothing in this paragraph shall be construed to change the
    law in effect prior to the effective date of the Staggers Rail Act of
    1980 with respect to the obligation of rail carriers to utilize rolling
    stock owned or leased by shippers.
        ``(b) The Panel may require an organization established or
    continued under an agreement approved under this section to maintain
    records and submit reports. The Panel may inspect a record maintained
    under this section.
        ``(c) The Panel may review an agreement approved under subsection
    (a) of this section and shall change the conditions of approval or
    terminate it when necessary to comply with the public interest and
    subsection (a). The Panel shall postpone the effective date of a change
    of an agreement under this subsection for whatever period it determines
    to be reasonably necessary to avoid unreasonable hardship.
        ``(d) The Panel may begin a proceeding under this section on its
    own initiative or on application. Action of the Panel under this
    section--
                ``(1) approving an agreement;
                ``(2) denying, ending, or changing approval;
                ``(3) prescribing the conditions on which approval is
            granted; or
                ``(4) changing those conditions,
    has effect only as related to application of the antitrust laws
    referred to in subsection (a) of this section.
        ``(e) The Panel shall review each agreement approved under
    subsection (a) of this section periodically, but at least once every 3
    years--
                ``(1) to determine whether the agreement or an organization
            established or continued under one of those agreements still
            complies with the requirements of that subsection and the
            public interest; and
                ``(2) to evaluate the success and effect of that agreement
            or organization on the consuming public and the national rail
            freight transportation system.
    If the Panel finds that an agreement or organization does not conform
    to the requirements of that subsection, it shall end or suspend its
    approval.
        ``(f)(1) The Federal Trade Commission, in consultation with the
    Antitrust Division of the Department of Justice, shall prepare
    periodically an assessment of, and shall report to the Panel on--
                ``(A) possible anticompetitive features of--
                        ``(i) agreements approved or submitted for approval
                    under subsection (a) of this section; and
                        ``(ii) an organization operating under those
                    agreements; and
                ``(B) possible ways to alleviate or end an anticompetitive
            feature, effect, or aspect in a manner that will further the
            goals of this part and of the transportation policy of section
            10101 of this title.
        ``(2) Reports received by the Panel under this subsection shall be
    published and made available to the public under section 552(a) of
    title 5.
    ``Sec. 10507. Determination of market dominance in rail rate
                  proceedings
        ``(a) In this section, `market dominance' means an absence of
    effective competition from other rail carriers or modes of
    transportation for the transportation to which a rate applies.
        ``(b) When a rate for transportation by a rail carrier providing
    transportation subject to the jurisdiction of the Panel under this part
    is challenged as being unreasonably high, the Panel shall determine
    whether the rail carrier proposing the rate has market dominance over
    the transportation to which the rate applies. The Panel may make that
    determination on its own initiative or on complaint. A finding by the
    Panel that the rail carrier does not have market dominance is
    determinative in a proceeding under this part related to that rate or
    transportation unless changed or set aside by the Panel or set aside by
    a court of competent jurisdiction.
        ``(c) When the Panel finds in any proceeding that a rail carrier
    proposing or defending a rate for transportation has market dominance
    over the transportation to which the rate applies, it may then
    determine that rate to be unreasonable if it exceeds a reasonable
    maximum for that transportation. However, a finding of market dominance
    does not establish a presumption that the proposed rate exceeds a
    reasonable maximum.
        ``(d)(1) In this subsection--
                ``(A) the term `fixed and variable cost' means all cost
            incurred by rail carriers in the transportation of freight, but
            limiting the return on equity capital to a rate equal to the
            embedded cost of debt;
                ``(B) the term `cost recovery percentage' means the lowest
            revenue-variable cost percentage which, if all movements that
            produced revenues resulting in revenue-variable cost
            percentages in excess of the cost recovery percentage are
            deemed to have produced only revenues resulting in the cost
            recovery percentage, would produce revenues which would be
            equal, when combined with total revenues produced by all other
            traffic transported by rail carrier, to the total fixed and
            variable cost of the transportation of all traffic by rail
            carrier; and
                ``(C) for purposes of determining the cost recovery
            percentage only, the term `revenue-variable cost percentage'
            means the quotient, expressed as a percentage figure, obtained
            by dividing the total revenues produced by the transportation
            of all traffic received by rail carriers for rail
            transportation by the total variable cost of such
            transportation.
        ``(2) In making a determination under this section, the Panel shall
    find that the rail carrier establishing the challenged rate does not
    have market dominance over the transportation to which the rate applies
    if such rail carrier proves that the rate charged results in a revenue-
    variable cost percentage for such transportation that is less than 180
    percent.
        ``(3) A finding by the Panel that a rate charged by a rail carrier
    results in a revenue-variable cost percentage for the transportation to
    which the rate applies that is equal to or greater than 180 percent
    does not establish a presumption that--
                ``(A) such rail carrier has or does not have market
            dominance over such transportation; or
                ``(B) the proposed rate exceeds or does not exceed a
            reasonable maximum.
    ``Sec. 10508. Inflation-based rate increases
        ``(a) The Panel may, on a quarterly basis and consistent with the
    rail transportation policy set forth in section 10101 of this title,
    prescribe a percentage rate index for rail carriers in order to
    compensate for inflationary cost increases. Such percentage rate index
    may be applicable on an industry-wide, territory-wide, or carrier-by-
    carrier basis.
        ``(b) For purposes of this section, a percentage rate index may
    permit rate increases within a specified range to allow carriers to
    recover a total revenue increase specified by the Panel as necessary to
    compensate for inflationary cost increases.
    ``Sec. 10509. Contracts
        ``(a) One or more rail carriers providing transportation subject to
    the jurisdiction of the Panel under this part may enter into a contract
    with one or more purchasers of rail services to provide specified
    services under specified rates and conditions.
        ``(b) A party to a contract entered into under this section shall
    have no duty in connection with services provided under such contract
    other than those duties specified by the terms of the contract.
        ``(c)(1) A contract that is authorized by this section, and
    transportation under such contract, shall not be subject to this part,
    and may not be subsequently challenged before the Panel or in any court
    on the grounds that such contract violates a provision of this part.
        ``(2) 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.
        ``(d) Documents, papers, and records (and any copies thereof)
    relating to a contract described in subsection (a) shall not be subject
    to the mandatory disclosure requirements of section 552 of title 5.

                     ``SUBCHAPTER II--SPECIAL CIRCUMSTANCES

    ``Sec. 10521. Government traffic
        ``A rail carrier providing transportation or service for the United
    States Government may transport property 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 rail carrier lawfully operating in the area where
    the transportation would be provided.
    ``Sec. 10522. Emergency rates
        ``(a) The Panel may authorize a rail carrier providing
    transportation or service subject to its jurisdiction under this part
    to give reduced rates for service and transportation of property to or
    from an area in the United States to provide relief during emergencies.
    When the Panel takes action under this subsection, it must--
                ``(1) define the area of the United States in which the
            reduced rates will apply;
                ``(2) specify the period during which the reduced rates are
            to be in effect; and
                ``(3) define the class of persons entitled to the reduced
            rates.
        ``(b) The Panel may specify those persons entitled to reduced rates
    by reference to those persons designated as being in need of relief by
    the United States Government or by a State government authorized to
    assist in providing relief during the emergency. The Panel may act
    under this section without regard to subchapter II of chapter 5 of
    title 5.
    ``Sec. 10523. Car utilization
        ``In order to encourage more efficient use of freight cars,
    notwithstanding any other provision of this part, rail carriers shall
    be permitted to establish premium charges for special services or
    special levels of services not otherwise applicable to the movement.
    The Panel shall facilitate development of such charges so as to
    increase the utilization of equipment.

                         ``SUBCHAPTER III--LIMITATIONS

    ``Sec. 10541. Prohibitions against discrimination by rail carriers
        ``(a) A rail carrier providing transportation or service subject to
    the jurisdiction of the Panel under this part may not subject a person,
    place, port, or type of traffic to unreasonable discrimination.
        ``(b) This section shall not apply to--
                ``(1) contracts described in section 10509 of this title;
            or
                ``(2) rail rates applicable to different routes.
    ``Sec. 10542. Facilities for interchange of traffic
        ``A rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part shall provide reasonable,
    proper, and equal facilities that are within its power to provide for
    the interchange of traffic between, and for the receiving, forwarding,
    and delivering of passengers and property to and from, its respective
    line and a connecting line of another rail carrier.
    ``Sec. 10543. Continuous carriage of freight
        ``A rail carrier providing transportation or service subject to the
    jurisdiction of the Panel under this part may not enter a combination
    or arrangement to prevent the carriage of freight from being continuous
    from the place of shipment to the place of destination whether by
    change of time schedule, carriage in different cars, or by other means.
    The carriage of freight by those rail carriers is considered to be a
    continuous carriage from the place of shipment to the place of
    destination when a break of bulk, stoppage, or interruption is not made
    in good faith for a necessary purpose, and with the intent of avoiding
    or unnecessarily interrupting the continuous carriage or of evading
    this part.
    ``Sec. 10544. Transportation services or facilities furnished by
                  shipper
        ``A rail carrier providing transportation or service subject to the
    jurisdiction of the Panel under this part may publish a charge or
    allowance for transportation or service for property when the owner of
    the property, directly or indirectly, furnishes a service related to or
    an instrumentality used in the transportation or service. The Panel may
    prescribe the maximum reasonable charge or allowance a rail carrier
    subject to its jurisdiction may pay for a service or instrumentality
    furnished under this section. The Panel may begin a proceeding under
    this section on its own initiative or on application.
    ``Sec. 10545. Demurrage charges
        ``A rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part shall compute demurrage
    charges, and establish rules related to those charges, in a way that
    fulfills the national needs related to--
                ``(1) freight car use and distribution; and
                ``(2) maintenance of an adequate supply of freight cars to
            be available for transportation of property.

                            ``CHAPTER 107--LICENSING

    ``10701. Authorizing construction and operation of railroad lines.
    ``10702. Finance and construction transactions by Class II and Class
                                III rail carriers and noncarriers.
    ``10703. Filing and procedure for notice of intent to abandon or
                                discontinue.
    ``10704. Offers to purchase to avoid abandonment and discontinuance.
    ``10705. Offering abandoned rail properties for sale for public
                                purposes.
    ``10706. Exception.

    ``Sec. 10701. Authorizing construction and operation of railroad lines
        ``(a) A rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part may--
                ``(1) construct an extension to any of its railroad lines;
                ``(2) construct an additional railroad line;
                ``(3) acquire or operate an extended or additional railroad
            line; or
                ``(4) provide transportation over, or by means of, an
            extended or additional railroad line;
    only if the Panel issues a certificate authorizing such activity under
    subsection (c).
        ``(b) A proceeding to grant authority under subsection (a) of this
    section begins when an application is filed. On receiving the
    application, the Panel shall give reasonable public notice of the
    beginning of such proceeding.
        ``(c) The Panel shall issue a certificate authorizing activities
    for which such authority is requested in an application filed under
    subsection (b) unless the Panel finds that such activities are
    inconsistent with the public convenience and necessity. Such
    certificate may approve the application as filed, or with
    modifications, and may require compliance with conditions the Panel
    finds necessary in the public interest.
        ``(d)(1) When a certificate has been issued by the Panel under this
    section or section 10702 authorizing the construction or extension of a
    railroad line, no other rail carrier may block any construction or
    extension authorized by such certificate by refusing to permit the
    carrier to cross its property if--
                ``(A) the construction does not unreasonably interfere with
            the operation of the crossed line;
                ``(B) the operation does not materially interfere with the
            operation of the crossed line; and
                ``(C) the owner of the crossing line compensates the owner
            of the crossed line.
        ``(2) If the parties are unable to agree on the terms of operation
    or the amount of payment for purposes of paragraph (1) of this
    subsection, either party may submit the matters in dispute to the Panel
    for determination. The Panel shall make a determination under this
    paragraph within 90 days after the dispute is submitted for
    determination.
        ``(e) Subsections (a), (b), and (c) of this section shall only
    apply to Class I rail carriers.
    ``Sec. 10702. Finance and construction transactions by Class II and
                  Class III rail carriers and noncarriers
        ``(a)(1) A Class II or Class III rail carrier providing
    transportation subject to the jurisdiction of the Panel under this
    part, or a noncarrier, may--
                ``(A) construct an extension of any of its railroad lines;
                ``(B) construct an additional railroad line; or
                ``(C) acquire or operate a railroad line,
    only if the Panel issues a certificate authorizing such activity under
    subsection (c).
        ``(2) A certificate issued by the Panel under subsection (c) shall
    also be required for--
                ``(A) a Class II or Class III rail carrier providing
            transportation subject to the jurisdiction of the Panel under
            this part, or a noncarrier to provide transportation over, or
            by means of, a railroad line by trackage rights, lease, or
            joint ownership or joint use of the railroad line (and
            terminals incidental thereto);
                ``(B) a consolidation or merger of the properties or
            franchises of at least 2 Class II or Class III rail carriers
            into one corporation for the ownership, management, and
            operation of the previously separately owned properties;
                ``(C) the acquisition of control of a Class II or Class III
            rail carrier by one or more Class II or Class III rail
            carriers;
                ``(D) the acquisition of control of at least 2 Class II or
            Class III rail carriers by a person that is not a rail carrier;
            and
                ``(E) the acquisition of control of a Class II or Class III
            rail carrier by a person that is not a rail carrier but that
            controls at least one Class II or Class III rail carrier.
        ``(b) A proceeding to grant authority under subsection (a) begins
    when an application is filed. On receiving the application, the Panel
    shall give reasonable public notice of the beginning of such
    proceeding.
        ``(c) The Panel shall issue a certificate authorizing activities
    for which such authority is requested in an application filed under
    subsection (b) unless the Panel finds that such activities are
    inconsistent with the public convenience and necessity because--
                ``(1) as a result of the transaction, there is likely to be
            substantial lessening of competition, creation of a monopoly,
            or restraint of trade in freight surface transportation in any
            region of the United States; and
                ``(2) the anticompetitive effects of the transaction
            outweigh the public interest in meeting significant
            transportation needs.
    Such certificate may approve the application as filed, or with
    modifications, and may require compliance with conditions the Panel
    finds necessary in the public interest.
        ``(d) When a person is involved in a transaction for which approval
    is sought under this section, the Panel shall require such person to
    protect the interest of affected employees to an extent equal to the
    protection required under sections 2 through 5 of the Worker Adjustment
    and Retraining Notification Act (29 U.S.C. 2101-2104).
        ``(e) The authority of the Panel over transactions described in
    subsection (a)(2) is exclusive. A rail carrier or corporation
    participating in or resulting from such a transaction may carry out the
    transaction, own and operate property, and exercise control or
    franchises acquired through the transaction without the approval of a
    State authority. A rail carrier, corporation, or person participating
    in that transaction is exempt from the antitrust laws and from all
    other law, including State and municipal law, as necessary to let that
    rail carrier, corporation, or person carry out the transaction, hold,
    maintain, and operate property and exercise control or franchises
    acquired through the transaction.
    ``Sec. 10703. Filing and procedure for notice of intent to abandon or
                  discontinue
        ``(a)(1) A rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part who intends to--
                ``(A) abandon any part of its railroad lines; or
                ``(B) discontinue the operation of all rail transportation
            over any part of its railroad lines,
    must file a notice of intent relating thereto with the Panel.
        ``(2) When a rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part files a notice of intent, the
    notice shall include--
                ``(A) an accurate and understandable summary of the rail
            carrier's reasons for the proposed abandonment or
            discontinuance;
                ``(B) a statement indicating that each interested person is
            entitled to make recommendations to the Panel on the future of
            the rail line; and
                ``(C)(i) a statement that the line is available for sale in
            accordance with section 10704 of this title, (ii) a statement
            that the rail carrier will promptly provide to each interested
            party an estimate of the minimum purchase price, calculated in
            accordance with section 10704 of this title and (iii) the name
            and business address of the person who is authorized to discuss
            sale terms for the rail carrier.
        ``(3) The rail carrier shall--
                ``(A) 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;
                ``(B) 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 all transportation is to be
            discontinued;
                ``(C) publish a copy of the notice for 3 consecutive weeks
            in a newspaper of general circulation in each county in which
            each such portion is located;
                ``(D) mail a copy of the notice, to the extent practicable,
            to all shippers that have made significant use (as designated
            by the Panel) of the railroad line during the 12 months
            preceding the filing of the notice of intent; and
                ``(E) attach to the notice filed with the Panel an
            affidavit certifying the manner in which subparagraphs (A)
            through (D) of this paragraph have been satisfied, and
            certifying that subparagraphs (A) through (D) have been
            satisfied within the most recent 30 days prior to the date the
            notice of intent is filed.
        ``(b)(1) Except as provided in paragraph (2), abandonment and
    discontinuance may occur as provided in section 10704.
        ``(2) If, after considering the scope of an abandonment or
    discontinuance proposed in a notice of intent filed under this section,
    the Panel considers it necessary, to improve the viability of the lines
    included within the proposed abandonment or discontinuance for possible
    sale or transfer and continued operation, and to enhance competitive
    alternatives in the event of such sale or transfer, the Panel may
    require the filing of a new notice of intent which enlarges the scope
    of the proposed abandonment or discontinuance.
        ``(c)(1) In this subsection, the term `potentially subject to
    abandonment' has the meaning given the term in regulations of the
    Panel. The regulations may include standards that vary by region of the
    United States and by railroad or group of railroads.
        ``(2) Each rail carrier shall maintain a complete diagram of the
    transportation system operated, directly or indirectly, by the rail
    carrier. The rail carrier shall submit to the Panel and publish
    amendments to its diagram that are necessary to maintain the accuracy
    of the diagram. The diagram shall--
                ``(A) include a detailed description of each of its
            railroad lines potentially subject to abandonment; and
                ``(B) identify each railroad line for which the rail
            carrier plans to file a notice of intent to abandon or
            discontinue under subsection (a) of this section.
    ``Sec. 10704. Offers to purchase to avoid abandonment and
                  discontinuance
        ``(a) Any rail carrier which has filed a notice of intent to
    abandon or discontinue shall provide promptly to a party considering an
    offer to purchase and shall provide concurrently to the Panel--
                ``(1) a statement of the minimum purchase price required;
                ``(2) its most recent reports on the physical condition of
            that part of the railroad line involved in the proposed
            abandonment or discontinuance;
                ``(3) traffic, revenue, and other data necessary to
            determine the commercial potential of the railroad line; and
                ``(4) any other information that the Panel considers
            necessary to allow a potential offeror to calculate an adequate
            purchase offer.
        ``(b) Within 6 months after a notice of intent is filed under
    section 10703, any person may offer to purchase the railroad line that
    is the subject of such notice of intent. Such offer shall be filed
    concurrently with the Panel. If the offer to purchase is less than the
    minimum purchase price stated pursuant to subsection (a)(1), the offer
    shall explain the basis of the disparity, and the manner in which the
    offer is calculated.
        ``(c)(1) Unless the Panel, within 15 days after the expiration of
    the 6-month period described in subsection (b), finds that one or more
    financially responsible persons (including a governmental authority)
    have offered to purchase that part of the railroad line to be abandoned
    or over which all rail transportation is to be discontinued,
    abandonment or discontinuance may be carried out.
        ``(2) If the Panel finds that such an offer or offers to purchase
    have been made within such period, abandonment or discontinuance shall
    be postponed until--
                ``(A) the carrier and a financially responsible person have
            reached agreement on a transaction for sale of the line; or
                ``(B) the conditions and amount of compensation are
            established under subsection (e).
        ``(d) Except as provided in subsection (e)(3), if the rail carrier
    and a financially responsible person (including a governmental
    authority) fail to agree on the amount or terms of the purchase, either
    party may, within 30 days after the offer is made, request that the
    Panel establish the conditions and amount of compensation.
        ``(e)(1) Whenever the Panel is requested to establish the
    conditions and amount of compensation under this section--
                ``(A) the Panel shall render its decision within 30 days;
                ``(B) the Panel shall determine the price and other terms
            of sale, except that in no case shall the Panel set a price
            which is below the fair market value of the line (including,
            unless otherwise mutually agreed, all facilities on the line or
            portion necessary to provide effective transportation
            services).
        ``(2) The decision of the Panel shall be binding on both parties,
    except that the person who has offered to purchase the line may
    withdraw his offer within 10 days of the Panel's decision. In such a
    case, the abandonment or discontinuance may be carried out immediately,
    unless other offers are being considered pursuant to paragraph (3) of
    this subsection.
        ``(3) If a rail carrier receives more than one offer to purchase,
    it shall select the offeror with whom it wishes to transact business,
    and complete the sale agreement, or request that the Panel establish
    the conditions and amount of compensation before the 40th day after the
    expiration of the 6-month period described in subsection (b). If no
    agreement on sale is reached within such 40-day period and the Panel
    has not been requested to establish the conditions and amount of
    compensation, any other offeror whose offer was made within the 6-month
    period described in subsection (b) may request that the Panel establish
    the conditions and amount of compensation. If the Panel has established
    the conditions and amount of compensation, and the original offer has
    been withdrawn, any other offeror whose offer was made within the 6-
    month period described in subsection (b) may accept the Panel's
    decision within 20 days after such decision, and the Panel shall
    require the carrier to enter into a sale agreement with such offeror,
    if such sale agreement incorporates the Panel's decision.
        ``(4) No purchaser of a line or portion of line sold under this
    section may transfer or discontinue service on such line prior to the
    end of the second year after consummation of the sale, nor may such
    purchaser transfer such line, except to the rail carrier from whom it
    was purchased, prior to the end of the fifth year after consummation of
    the sale.
        ``(f) Upon abandonment of a railroad line under this section, the
    obligation of the rail carrier abandoning the line to provide
    transportation on that line, as required by section 10901(a), is
    extinguished.
    ``Sec. 10705. Offering abandoned rail properties for sale for public
                  purposes
        ``When a rail carrier files a notice of intent to abandon or
    discontinue under section 10703, the Panel shall find whether the rail
    properties that are involved in the proposed abandonment or
    discontinuance are appropriate for use for public purposes, including
    highways, other forms of mass transportation, conservation, energy
    production or transmission, or recreation. If the Panel finds that the
    rail properties proposed to be abandoned are appropriate for public
    purposes and not required for continued rail operations, the properties
    may be sold, leased, exchanged, or otherwise disposed of only under
    conditions provided in the order of the Panel. The conditions may
    include a prohibition on any such disposal for a period of not more
    than 180 days after the effective date of the order, unless the
    properties have first been offered, on reasonable terms, for sale for
    public purposes.
    ``Sec. 10706. Exception
        ``Notwithstanding section 10701 and subchapter II of chapter 111 of
    this title, and without the approval of the Panel, a rail carrier
    providing transportation subject to the jurisdiction of the Panel under
    this part may enter into arrangements for the joint ownership or joint
    use of spur, industrial, team, switching, or side tracks.

                           ``CHAPTER 109--OPERATIONS

                      ``SUBCHAPTER I--GENERAL REQUIREMENTS

    ``10901. Providing transportation, service, and rates.
    ``10902. Use of terminal facilities.
    ``10903. Switch connections and tracks.
                          ``SUBCHAPTER II--CAR SERVICE

    ``10921. Criteria.
    ``10922. Compensation and practice.
    ``10923. Rerouting traffic on failure of rail carrier to serve the
                                public.
    ``10924. War emergencies; embargoes imposed by carriers.
                     ``SUBCHAPTER III--REPORTS AND RECORDS

    ``10941. Definitions.
    ``10942. Uniform accounting system.
    ``10943. Depreciation charges.
    ``10944. Records: form; inspection; preservation.
    ``10945. Reports by rail carriers, lessors, and associations.
                   ``SUBCHAPTER IV--RAILROAD COST ACCOUNTING

    ``10961. Implementation of cost accounting principles.
    ``10962. Rail carrier cost accounting system.
    ``10963. Cost availability.
    ``10964. Accounting and cost reporting.

                      ``SUBCHAPTER I--GENERAL REQUIREMENTS

    ``Sec. 10901. Providing transportation, service, and rates
        ``(a) A rail carrier providing transportation or service subject to
    the jurisdiction of the Panel under this part shall provide the
    transportation or service on reasonable request. A rail carrier shall
    not be found to have violated this section because it fulfills its
    commitments under contracts authorized under section 10509 of this
    title before responding to reasonable requests for service.
        ``(b) A rail carrier shall also provide to any person, on
    reasonable request, rates and other service terms. The response by a
    rail carrier to a request for rates and other service terms shall be in
    writing and forwarded to the requesting person promptly after receipt
    of the request.
    ``Sec. 10902. Use of terminal facilities
        ``(a) The Panel may require terminal facilities, including main-
    line tracks for a reasonable distance outside of a terminal, owned by a
    rail carrier providing transportation subject to the jurisdiction of
    the Panel under this part, to be used by another rail carrier if the
    Panel finds that use to be practicable and in the public interest
    without substantially impairing the ability of the rail carrier owning
    the facilities or entitled to use the facilities to handle its own
    business. The rail carriers are responsible for establishing the
    conditions and compensation for use of the facilities. However, if the
    rail carriers cannot agree, the Panel may establish conditions and
    compensation for use of the facilities under the principle controlling
    compensation in condemnation proceedings. The compensation shall be
    paid or adequately secured before a rail carrier may begin to use the
    facilities of another rail carrier under this section.
        ``(b) A rail carrier whose terminal facilities are required to be
    used by another rail carrier under this section is entitled to recover
    damages from the other rail carrier for injuries sustained as the
    result of compliance with the requirement or for compensation for the
    use, or both as appropriate, in a civil action, if it is not satisfied
    with the conditions for use of the facilities or if the amount of the
    compensation is not paid promptly.
        ``(c)(1) The Panel may require rail carriers to enter into
    reciprocal switching agreements, where it finds such agreements to be
    practicable and in the public interest, or where such agreements are
    necessary to provide competitive rail service. The rail carriers
    entering into such an agreement shall establish the conditions and
    compensation applicable to such agreement, but, if the rail carriers
    cannot agree upon such conditions and compensation within a reasonable
    period of time, the Panel may establish such conditions and
    compensation.
        ``(2) The Panel may require reciprocal switching agreements entered
    into by rail carriers pursuant to this subsection to contain provisions
    for the protection of the interests of employees affected thereby.
        ``(d) The Panel shall complete any proceeding under subsection (a)
    or (b) within 180 days after the filing of the request for relief.
    ``Sec. 10903. Switch connections and tracks
        ``(a) On application of the owner of a lateral branch line of
    railroad, or of a shipper tendering interstate traffic for
    transportation, a rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part shall construct, maintain,
    and operate, on reasonable conditions, a switch connection to connect
    that branch line or private side track with its railroad and shall
    furnish cars to move that traffic to the best of its ability without
    discrimination in favor of or against the shipper when the connection--
                ``(1) is reasonably practicable;
                ``(2) can be made safely; and
                ``(3) will furnish sufficient business to justify its
            construction and maintenance.
        ``(b) If a rail carrier fails to install and operate a switch
    connection after application is made under subsection (a) of this
    section, the owner of the lateral branch line of railroad or the
    shipper may file a complaint with the Panel under section 11501 of this
    title. The Panel shall investigate the complaint and decide the safety,
    practicability, justification, and compensation to be paid for the
    connection. The Panel may direct the rail carrier to comply with
    subsection (a) of this section only after a full hearing.

                          ``SUBCHAPTER II--CAR SERVICE

    ``Sec. 10921. Criteria
        ``(a)(1) A rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part shall furnish safe and
    adequate car service and establish, observe, and enforce reasonable
    rules and practices on car service. The Panel may require a rail
    carrier to provide facilities and equipment that are reasonably
    necessary to furnish safe and adequate car service if the Panel decides
    that the rail carrier has materially failed to furnish that service.
    The Panel may begin a proceeding under this paragraph when an
    interested person files an application with it. The Panel may act only
    after a hearing on the record and an affirmative finding, based on the
    evidence presented, that--
                ``(A) providing the facilities or equipment will not
            materially and adversely affect the ability of the rail carrier
            to provide safe and adequate transportation;
                ``(B) the amount spent for the facilities or equipment,
            including a return equal to the rail carrier's current cost of
            capital, will be recovered; and
                ``(C) providing the facilities or equipment will not impair
            the ability of the rail carrier to attract adequate capital.
        ``(2) The Panel may require a rail carrier to file its car service
    rules with the Panel.
        ``(b) The Panel may designate and appoint agents and agencies to
    make and carry out its directions related to car service and matters
    under sections 10923 and 10924(a)(1) of this title.
    ``Sec. 10922. Compensation and practice
        ``(a) The regulations of the Panel on car service shall encourage
    the purchase, acquisition, and efficient use of freight cars. The
    regulations may include--
                ``(1) the compensation to be paid for the use of a
            locomotive, freight car, or other vehicle;
                ``(2) the other terms of any arrangement for the use by a
            rail carrier of a locomotive, freight car, or other vehicle not
            owned by the rail carrier using the locomotive, freight car, or
            other vehicle, whether or not owned by another carrier,
            shipper, or third person; and
                ``(3) sanctions for nonobservance.
        ``(b) The rate of compensation to be paid for each type of freight
    car shall be determined by the expense of owning and maintaining that
    type of freight car, including a fair return on its cost giving
    consideration to current costs of capital, repairs, materials, parts,
    and labor. In determining the rate of compensation, the Panel shall
    consider the transportation use of each type of freight car, the
    national level of ownership of each type of freight car, and other
    factors that affect the adequacy of the national freight car supply.
    ``Sec. 10923. Rerouting traffic on failure of rail carrier to serve the
                  public
        ``(a) When the Panel considers that a rail carrier providing
    transportation subject to the jurisdiction of the Panel under this part
    cannot transport the traffic offered to it in a manner that properly
    serves the public, the Panel may direct the handling, routing, and
    movement of the traffic of that rail carrier and its distribution over
    other railroad lines to promote commerce and service to the public.
    Subject to subsection (b)(2) of this section, the rail carriers may
    establish the terms of compensation between themselves.
        ``(b)(1) Except as provided in paragraph (2) of this subsection,
    the Panel may act under this section on its own initiative or on
    application without regard to subchapter II of chapter 5 of title 5.
        ``(2) When the rail carriers do not agree on the terms of
    compensation under this section, the Panel may establish the terms for
    them in a later proceeding.
    ``Sec. 10924. War emergencies; embargoes imposed by carriers
        ``(a)(1) When the President, during time of war or threatened war,
    notifies the Panel that it is essential to the defense and security of
    the United States to give preference or priority to the movement of
    certain traffic, the Panel shall direct that preference or priority be
    given to that traffic.
        ``(2) When the President, during time of war or threatened war,
    demands that preference and precedence be given to the transportation
    of troops and material of war over all other traffic, all rail carriers
    providing transportation subject to the jurisdiction of the Panel under
    this part shall adopt every means within their control to facilitate
    and expedite the military traffic.
        ``(b) An embargo imposed by any such rail carrier does not apply to
    shipments consigned to agents of the United States Government for its
    use. The rail carrier shall deliver those shipments as promptly as
    possible.

                     ``SUBCHAPTER III--REPORTS AND RECORDS

    ``Sec. 10941. Definitions
        ``In this subchapter--
                ``(1) the terms `carrier', `broker', and `lessor' include a
            receiver or trustee of a carrier, broker, and lessor,
            respectively;
                ``(2) the term `lessor' means a person owning a railroad
            that is leased to and operated by a carrier providing
            transportation subject to the jurisdiction of the Interstate
            Commerce Commission under this part; and
                ``(3) the term `association' means an organization
            maintained by or in the interest of a group of rail carriers or
            brokers providing transportation or service subject to the
            jurisdiction of the Commission under this part that performs a
            service, or engages in activities, related to transportation
            under this part.
    ``Sec. 10942. Uniform accounting system
        ``The Panel may prescribe a uniform accounting system for classes
    of rail carriers providing, and brokers for, transportation subject to
    the jurisdiction of the Panel under this part. To the maximum extent
    practicable, the Panel shall conform such system to generally accepted
    accounting principles, and shall administer this subchapter in
    accordance with such principles.
    ``Sec. 10943. Depreciation charges
        ``The Panel shall, for a class of rail carriers providing
    transportation subject to its jurisdiction under this part, prescribe,
    and change when necessary, those classes of property for which
    depreciation charges may be included under operating expenses and a
    rate of depreciation that may be charged to a class of property. The
    Panel may classify those rail carriers for purposes of this section. A
    rail carrier for whom depreciation charges and rates of depreciation
    are in effect under this section for any class of property may not--
                ``(1) charge to operating expenses a depreciation charge on
            a class of property other than that prescribed by the Panel;
                ``(2) charge another rate of depreciation; or
                ``(3) include other depreciation charges in operating
            expenses.
    ``Sec. 10944. Records: form; inspection; preservation
        ``(a) The Panel may prescribe the form of records required to be
    prepared or compiled under this subchapter--
                ``(1) by rail carriers, brokers, and lessors, including
            records related to movement of traffic and receipts and
            expenditures of money; and
                ``(2) by persons furnishing cars to or for a rail carrier
            providing transportation subject to the jurisdiction of the
            Panel under this part to the extent related to those cars or
            that service.
        ``(b) The Panel, or an employee designated by the Panel, may on
    demand and display of proper credentials--
                ``(1) inspect and examine the lands, buildings, and
            equipment of a rail carrier, broker, or lessor; and
                ``(2) inspect and copy any record of--
                        ``(A) a rail carrier, broker, lessor, or
                    association; and
                        ``(B) a person controlling, controlled by, or under
                    common control with a rail carrier if the Panel
                    considers inspection relevant to that person's relation
                    to, or transaction with, that rail carrier.
        ``(c) The Panel may prescribe the time period during which
    operating, accounting, and financial records must be preserved by rail
    carriers, brokers, lessors, and persons furnishing cars.
    ``Sec. 10945. Reports by rail carriers, lessors, and associations
        ``(a) The Panel may require rail carriers, brokers, lessors, and
    associations, or classes of them as the Panel may prescribe, to file
    annual, periodic, and special reports with the Panel containing answers
    to questions asked by it.
        ``(b)(1) An annual report shall contain an account, in as much
    detail as the Panel may require, of the affairs of the rail carrier,
    broker, lessor, or association for the 12-month period ending on
    December 31 of each year.
        ``(2) An annual report shall be filed with the Panel by the end of
    the third month after the end of the year for which the report is made
    unless the Panel extends the filing date or changes the period covered
    by the report. The annual report and, if the Panel requires, any other
    report made under this section, shall be made under oath.

                   ``SUBCHAPTER IV--RAILROAD COST ACCOUNTING

    ``Sec. 10961. Implementation of cost accounting principles
        ``Not less than once every five years after the promulgation of
    original rules implementing the cost accounting principles established
    by the Railroad Accounting Principles Board, the Panel shall review
    such principles and shall, by rule, make such changes in such
    principles as are required to achieve the regulatory purposes of this
    part. The Panel shall insure that the rules promulgated under this
    section are the most efficient and least burdensome means by which the
    required information may be developed for regulatory purposes. To the
    maximum extent practicable, the Panel shall conform such rules to
    generally accepted accounting principles.
    ``Sec. 10962. Rail carrier cost accounting system
        ``(a) Each rail carrier shall have and maintain a cost accounting
    system that is in compliance with the rules promulgated by the Panel
    under section 10961 of this title. A rail carrier may, after notifying
    the Panel, make modifications in such system unless, within 60 days
    after the date of notification, the Panel finds such modifications to
    be inconsistent with the rules promulgated by the Panel under section
    10961 of this title.
        ``(b) For purposes of determining whether the cost accounting
    system of a rail carrier is in compliance with the rules promulgated by
    the Panel, the Panel shall have the right to examine and make copies of
    any documents, papers, or records of such rail carrier relating to
    compliance with such rules. Such documents, papers, and records (and
    any copies thereof) shall not be subject to the mandatory disclosure
    requirements of section 552 of title 5.
    ``Sec. 10963. Cost availability
        ``As required by the rules of the Panel governing discovery in
    Panel proceedings, rail carriers shall make relevant cost data
    available to shippers, States, ports, communities, and other interested
    parties that are a party to a Panel proceeding in which such data are
    required.
    ``Sec. 10964. Accounting and cost reporting
        ``(a) To obtain expense and revenue information for regulatory
    purposes, the Panel may promulgate reasonable rules for rail carriers
    providing transportation subject to the jurisdiction of the Panel under
    this part, prescribing expense and revenue accounting and reporting
    requirements consistent with generally accepted accounting principles
    uniformly applied to such carriers. Such requirements shall be cost
    effective and compatible with and not duplicative of the managerial and
    responsibility accounting requirements of those carriers. To the extent
    such rules are required solely to provide expense and revenue
    information necessary for determining railroad costs in regulatory
    proceedings under this part, such rules shall be promulgated in
    accordance with the cost accounting principles established by the
    Railroad Accounting Principles Board.
        ``(b) Any reports required by the rules established by the Panel
    under this section shall include only information considered necessary
    for disclosure under the cost accounting principles established by the
    Board or under generally accepted accounting principles or the
    requirements of the Securities and Exchange Commission.

                             ``CHAPTER 111--FINANCE

            ``SUBCHAPTER I--EQUIPMENT TRUSTS AND SECURITY INTERESTS

    ``11101. Equipment trusts: recordation; evidence of indebtedness.
                         ``SUBCHAPTER II--COMBINATIONS

    ``11121. Scope of authority.
    ``11122. Limitation on pooling and division of transportation or
                                earnings.
    ``11123. Consolidation, merger, and acquisition of control.
    ``11124. Consolidation, merger, and acquisition of control: conditions
                                of approval.
    ``11125. Consolidation, merger, and acquisition of control: procedure.
    ``11126. Employee protective arrangements in transactions involving
                                rail carriers.
    ``11127. Supplemental orders.

            ``SUBCHAPTER I--EQUIPMENT TRUSTS AND SECURITY INTERESTS

    ``Sec. 11101. Equipment trusts: recordation; evidence of indebtedness
        ``(a) A mortgage, lease equipment trust agreement, conditional
    sales agreement, or other instrument evidencing the mortgage, lease,
    conditional sale, or bailment of railroad cars, locomotives, or other
    rolling stock, intended for a use related to interstate commerce shall
    be filed with the Panel. An assignment of a right or interest under one
    of those instruments and an amendment to that instrument or assignment
    including a release, discharge, or satisfaction of any part of it shall
    also be filed with the Panel. The instrument, assignment, or amendment
    must be in writing, executed by the parties to it, and acknowledged or
    verified under Panel regulations. When filed under this section, that
    document is notice to, and enforceable against, all persons. A document
    filed under this section does not have to be filed, deposited,
    registered, or recorded under another law of the United States, a State
    (or its political subdivisions), or territory or possession of the
    United States, related to filing, deposit, registration, or recordation
    of those documents.
        ``(b) The Panel shall maintain a system for recording each document
    filed under subsection (a) of this section and mark each of them with a
    consecutive number and the date and hour of their recordation. The
    Panel shall maintain and keep open for public inspection an index of
    documents filed under that subsection. That index shall include the
    name and address of the principal debtors, trustees, guarantors, and
    other parties to those documents and may include other facts that will
    assist in determining the rights of the parties to those transactions.
        ``(c) The Panel shall to the greatest extent practicable perform
    its functions under this section through contracts with private sector
    entities.
        ``(d) The Panel shall assess user fees for services performed by
    the Panel or a contractor thereof under this section. Such fees may be
    used by the Panel to offset its costs, to the extent provided in
    advance in appropriations Acts.

                         ``SUBCHAPTER II--COMBINATIONS

    ``Sec. 11121. Scope of authority
        ``(a) The authority of the Panel under this subchapter is
    exclusive. A rail carrier or corporation participating in or resulting
    from a transaction approved by or exempted by the Panel under this
    subchapter may carry out the transaction, own and operate property, and
    exercise control or franchises acquired through the transaction without
    the approval of a State authority. A rail carrier, corporation, or
    person participating in that approved or exempted transaction is exempt
    from the antitrust laws and from all other law, including State and
    municipal law, as necessary to let that rail carrier, corporation, or
    person carry out the transaction, hold, maintain, and operate property,
    and exercise control or franchises acquired through the transaction.
        ``(b) The requirement to obtain the approval or authorization of
    the Panel under this subchapter shall only apply to transactions
    involving at least one Class I rail carrier, and shall not apply to
    transactions described in section 10702.
    ``Sec. 11122. Limitation on pooling and division of transportation or
                  earnings
        ``(a) A rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part may not agree or combine with
    another of those rail carriers to pool or divide traffic or services or
    any part of their earnings without the approval of the Panel under this
    section or section 10923 of this title. The Panel may approve and
    authorize the agreement or combination if the rail carriers involved
    assent to the pooling or division and the Panel finds that a pooling or
    division of traffic, services, or earnings--
                ``(1) will be in the interest of better service to the
            public or of economy of operation; and
                ``(2) will not unreasonably restrain competition.
        ``(b) The Panel may impose conditions governing the pooling or
    division and may approve and authorize payment of a reasonable
    consideration between the rail carriers.
        ``(c) The Panel may begin a proceeding under this section on its
    own initiative or on application.
    ``Sec. 11123. Consolidation, merger, and acquisition of control
        ``(a) The following transactions involving rail carriers providing
    transportation subject to the jurisdiction of the Panel under this part
    may be carried out only with the approval and authorization of the
    Panel:
                ``(1) Consolidation or merger of the properties or
            franchises of at least 2 rail carriers into one corporation for
            the ownership, management, and operation of the previously
            separately owned properties.
                ``(2) A purchase, lease, or contract to operate property of
            another rail carrier by any number of rail carriers.
                ``(3) Acquisition of control of a rail carrier by any
            number of rail carriers.
                ``(4) Acquisition of control of at least 2 rail carriers by
            a person that is not a rail carrier.
                ``(5) Acquisition of control of a rail carrier by a person
            that is not a rail carrier but that controls any number of rail
            carriers.
                ``(6) Acquisition by a rail carrier of trackage rights
            over, or joint ownership in or joint use of, a railroad line
            (and terminals incidental to it) owned or operated by another
            rail carrier.
        ``(b) A person may carry out a transaction referred to in
    subsection (a) of this section or participate in achieving the control
    or management, including the power to exercise control or management,
    in a common interest of more than one of those rail carriers,
    regardless of how that result is reached, only with the approval and
    authorization of the Panel under this subchapter. In addition to other
    transactions, each of the following transactions are considered
    achievements of control or management:
                ``(1) A transaction by a rail carrier that has the effect
            of putting that rail carrier and person affiliated with it,
            taken together, in control of another rail carrier.
                ``(2) A transaction by a person affiliated with a rail
            carrier that has the effect of putting that rail carrier and
            persons affiliated with it, taken together, in control of
            another rail carrier.
                ``(3) A transaction by at least 2 persons acting together
            (one of whom is a rail carrier or is affiliated with a rail
            carrier) that has the effect of putting those persons and rail
            carriers and persons affiliated with any of them, or with any
            of those affiliated rail carriers, taken together, in control
            of another rail carrier.
        ``(c) A person is affiliated with a rail carrier under this
    subchapter if, because of the relationship between that person and a
    rail carrier, it is reasonable to believe that the affairs of another
    rail carrier, control of which may be acquired by that person, will be
    managed in the interest of the other rail carrier.
    ``Sec. 11124. Consolidation, merger, and acquisition of control:
                  conditions of approval
        ``(a) The Panel may begin a proceeding to approve and authorize a
    transaction referred to in section 11123 of this title on application
    of the person seeking that authority. When an application is filed with
    the Panel, the Panel shall notify the chief executive officer of each
    State in which property of the rail carriers involved in the proposed
    transaction is located and shall notify those rail carriers. The Panel
    shall hold a public hearing unless the Panel determines that a public
    hearing is not necessary in the public interest.
        ``(b) In a proceeding under this section which involves the merger
    or control of at least two Class I railroads, as defined by the Panel,
    the Panel shall consider at least--
                ``(1) the effect of the proposed transaction on the
            adequacy of transportation to the public;
                ``(2) the effect on the public interest of including, or
            failing to include, other rail carriers in the area involved in
            the proposed transaction;
                ``(3) the total fixed charges that result from the proposed
            transaction;
                ``(4) the interest of rail carrier employees affected by
            the proposed transaction; and
                ``(5) whether the proposed transaction would have an
            adverse effect on competition among rail carriers in the
            affected region or in the national rail system.
        ``(c) The Panel shall approve and authorize a transaction under
    this section when it finds the transaction is consistent with the
    public interest. The Panel may impose conditions governing the
    transaction, including the divestiture of parallel tracks or requiring
    the granting of trackage rights. Any trackage rights conditions imposed
    to alleviate anticompetitive effects of the transaction shall provide
    for compensation levels to ensure that such effects are alleviated.
    When the transaction contemplates a guaranty or assumption of payment
    of dividends or of fixed charges or will result in an increase of total
    fixed charges, the Panel may approve and authorize the transaction only
    if it finds that the guaranty, assumption, or increase is consistent
    with the public interest. The Panel may require inclusion of other rail
    carriers located in the area involved in the transaction if they apply
    for inclusion and the Panel finds their inclusion to be consistent with
    the public interest.
        ``(d) In a proceeding under this section which does not involve the
    merger or control of at least two Class I railroads, as defined by the
    Panel, the Panel shall approve such an application unless it finds
    that--
                ``(1) as a result of the transaction, there is likely to be
            substantial lessening of competition, creation of a monopoly,
            or restraint of trade in freight surface transportation in any
            region of the United States; and
                ``(2) the anticompetitive effects of the transaction
            outweigh the public interest in meeting significant
            transportation needs.
    In making such findings, the Panel shall, with respect to any
    application that is part of a plan or proposal developed under section
    333(a)-(d) of this title, accord substantial weight to any
    recommendations of the Secretary of Transportation.
        ``(e)(1) To the extent provided in this subsection, a proceeding
    under this subchapter relating to a transaction involving at least one
    Class I rail carrier shall not be considered an adjudication required
    by statute to be determined on the record after opportunity for an
    agency hearing, for the purposes of subchapter II of chapter 5 of title
    5, United States Code.
        ``(2) Ex parte communications, as defined in section 551(14) of
    title 5, United States Code, shall be permitted in proceedings
    described in paragraph (1) of this subsection, subject to the
    requirements of paragraph (3) of this subsection.
        ``(3)(A) Any member or employee of the Panel who makes or receives
    a written ex parte communication concerning the merits of a proceeding
    described in paragraph (1) shall promptly place the communication in
    the public docket of the proceeding.
        ``(B) Any member or employee of the Panel who makes or receives an
    oral ex parte communication concerning the merits of a proceeding
    described in paragraph (1) shall promptly place a written summary of
    the oral communication in the public docket of the proceeding.
        ``(4) Nothing in this subsection shall be construed to require the
    Panel or any of its members or employees to engage in any ex parte
    communication with any person. Nothing in this subsection or any other
    law shall be construed to limit the authority of the members or
    employees of the Panel, in their discretion, to note in the docket or
    otherwise publicly the occurrence and substance of an ex parte
    communication.
    ``Sec. 11125. Consolidation, merger, and acquisition of control:
                  procedure
        ``(a) The Panel shall publish notice of the application under
    section 11124 in the Federal Register by the end of the 30th day after
    the application is filed with the Panel. However, if the application is
    incomplete, the Panel shall reject it by the end of that period. The
    order of rejection is a final action of the Panel. The published notice
    shall indicate whether the application involves--
                ``(1) the merger or control of at least two Class I
            railroads, as defined by the Panel, to be decided within the
            time limits specified in subsection (b) of this section;
                ``(2) transactions of regional or national transportation
            significance, to be decided within the time limits specified in
            subsection (c) of this section; or
                ``(3) any other transaction covered by this section, to be
            decided within the time limits specified in subsection (d) of
            this section.
        ``(b) If the application involves the merger or control of two or
    more Class I railroads, as defined by the Panel, the following
    conditions apply:
                ``(1) Written comments about an application may be filed
            with the Panel within 45 days after notice of the application
            is published under subsection (a) of this section. Copies of
            such comments shall be served on the Attorney General, who may
            decide to intervene as a party to the proceeding. That decision
            must be made by the 15th day after the date of receipt of the
            written comments, and if the decision is to intervene,
            preliminary comments about the application must be sent to the
            Panel by the end of the 15th day after the date of receipt of
            the written comments.
                ``(2) The Panel shall require that applications
            inconsistent with an application, notice of which was published
            under subsection (a) of this section, and applications for
            inclusion in the transaction, be filed with it by the 90th day
            after publication of notice under that subsection.
                ``(3) The Panel must conclude evidentiary proceedings by
            the end of the 6th month after the date of publication of
            notice under subsection (a) of this section. The Panel must
            issue a final decision by the 90th day after the date on which
            it concludes the evidentiary proceedings.
        ``(c) If the application involves a transaction other than the
    merger or control of at least two Class I railroads, as defined by the
    Panel, which the Panel has determined to be of regional or national
    transportation significance, the following conditions apply:
                ``(1) Written comments about an application, including
            comments of the Attorney General, may be filed with the Panel
            within 30 days after notice of the application is published
            under subsection (a) of this section.
                ``(2) The Panel shall require that applications
            inconsistent with an application, notice of which was published
            under subsection (a) of this section, and applications for
            inclusion in the transaction, be filed with it by the 60th day
            after publication of notice under that subsection.
                ``(3) The Panel must conclude any evidentiary proceedings
            by the 125th day after the date of publication of notice under
            subsection (a) of this section. The Panel must issue a final
            decision by the 40th day after the date on which it concludes
            the evidentiary proceedings.
        ``(d) For all applications under this section other than those
    specified in subsections (b) and (c) of this section, the following
    conditions apply:
                ``(1) Written comments about an application, including
            comments of the Attorney General, may be filed with the Panel
            within 30 days after notice of the application is published
            under subsection (a) of this section.
                ``(2) The Panel must conclude any evidentiary proceedings
            by the 105th day after the date of publication of notice under
            subsection (a) of this section. The Panel must issue a final
            decision by the 40th day after the date on which it concludes
            the evidentiary proceedings.
    ``Sec. 11126. Employee protective arrangements in transactions
                  involving rail carriers
        ``When approval is sought for a transaction under sections 11124
    and 11125 of this title, the Panel shall require the rail carrier to
    provide a fair arrangement at least as protective of the interests of
    employees who are affected by the transaction as the terms imposed
    under this section before February 5, 1976, and the terms established
    under section 24706(c) of this title. Notwithstanding this part, the
    arrangement may be made by the rail carrier and the authorized
    representative of its employees. The arrangement and the order
    approving the transaction must require that the employees of the
    affected rail carrier will not be in a worse position related to their
    employment as a result of the transaction during the 4 years following
    the effective date of the final action of the Panel (or if an employee
    was employed for a lesser period of time by the rail carrier before the
    action became effective, for that lesser period).
    ``Sec. 11127. Supplemental orders
        ``When cause exists, the Panel may make appropriate orders
    supplemental to an order made in a proceeding under sections 11122
    through 11126 of this title.

                     ``CHAPTER 113--FEDERAL-STATE RELATIONS

    ``Sec.
    ``11301. Tax discrimination against rail transportation property.
    ``11302. Withholding State and local income tax by rail carriers.
    ``Sec. 11301. Tax discrimination against rail transportation property
        ``(a) In this section--
                ``(1) the term `assessment' means valuation for a property
            tax levied by a taxing district;
                ``(2) the term `assessment jurisdiction' means a
            geographical area in a State used in determining the assessed
            value of property for ad valorem taxation;
                ``(3) the term `rail transportation property' means
            property, as defined by the Panel, owned or used by a rail
            carrier providing transportation subject to the jurisdiction of
            the Panel under this part; and
                ``(4) the term `commercial and industrial property' means
            property, other than transportation property and land used
            primarily for agricultural purposes or timber growing, devoted
            to a commercial or industrial use and subject to a property tax
            levy.
        ``(b) The following acts unreasonably burden and discriminate
    against interstate commerce, and a State, subdivision of a State, or
    authority acting for a State or subdivision of a State may not do any
    of them:
                ``(1) Assess rail transportation property at a value that
            has a higher ratio to the true market value of the rail
            transportation property than the ratio that the assessed value
            of other commercial and industrial property in the same
            assessment jurisdiction has to the true market value of the
            other commercial and industrial property.
                ``(2) Levy or collect a tax on an assessment that may not
            be made under paragraph (1) of this subsection.
                ``(3) Levy or collect an ad valorem property tax on rail
            transportation property at a tax rate that exceeds the tax rate
            applicable to commercial and industrial property in the same
            assessment jurisdiction.
                ``(4) Impose another tax that discriminates against a rail
            carrier providing transportation subject to the jurisdiction of
            the Panel under this part.
        ``(c) Notwithstanding section 1341 of title 28 and without regard
    to the amount in controversy or citizenship of the parties, a district
    court of the United States has jurisdiction, concurrent with other
    jurisdiction of courts of the United States and the States, to prevent
    a violation of subsection (b) of this section. Relief may be granted
    under this subsection only if the ratio of assessed value to true
    market value of rail transportation property exceeds by at least 5
    percent the ratio of assessed value to true market value of other
    commercial and industrial property in the same assessment jurisdiction.
    The burden of proof in determining assessed value and true market value
    is governed by State law. If the ratio of the assessed value of other
    commercial and industrial property in the assessment jurisdiction to
    the true market value of all other commercial and industrial property
    cannot be determined to the satisfaction of the district court through
    the random-sampling method known as a sales assessment ratio study (to
    be carried out under statistical principles applicable to such a
    study), the court shall find, as a violation of this section--
                ``(1) an assessment of the rail transportation property at
            a value that has a higher ratio to the true market value of the
            rail transportation property than the assessed value of all
            other property subject to a property tax levy in the assessment
            jurisdiction has to the true market value of all other
            commercial and industrial property; and
                ``(2) the collection of an ad valorem property tax on the
            rail transportation property at a tax rate that exceeds the tax
            ratio rate applicable to taxable property in the taxing
            district.
    ``Sec. 11302. Withholding State and local income tax by rail carriers
        ``(a) No part of the compensation paid by a rail carrier providing
    transportation subject to the jurisdiction of the Panel under this part
    to an employee who performs regularly assigned duties as such an
    employee on a railroad in more than one State shall be subject to the
    income tax laws of any State or subdivision of that State, other than
    the State or subdivision thereof of the employee's residence.
        ``(b) A rail carrier withholding pay from an employee under
    subsection (a) of this section shall file income tax information
    returns and other reports only with the State and subdivision of
    residence of the employee.

        ``CHAPTER 115--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

    ``Sec.
    ``11501. General authority.
    ``11502. Enforcement by the Panel.
    ``11503. Enforcement by the Attorney General.
    ``11504. Rights and remedies of persons injured by rail carriers.
    ``11505. Limitation on actions by and against rail carriers.
    ``11506. Liability of rail carriers under receipts and bills of lading.
    ``Sec. 11501. General authority
        ``(a) The Panel may begin an investigation under this part on its
    own initiative or on complaint. If the Panel finds that a rail carrier
    is violating this part, the Panel shall take appropriate action to
    compel compliance with this part.
        ``(b) A person, including a governmental authority, may file with
    the Panel a complaint about a violation of this part by a rail carrier
    providing transportation or service subject to the jurisdiction of the
    Panel under this part. The complaint must state the facts that are the
    subject of the violation. The Panel may dismiss a complaint it
    determines does not state reasonable grounds for investigation and
    action. However, the Panel may not dismiss a complaint made against a
    rail carrier providing transportation subject to the jurisdiction of
    the Panel under this part because of the absence of direct damage to
    the complainant.
        ``(c) A formal investigative proceeding begun by the Panel under
    subsection (a) of this section is dismissed automatically unless it is
    concluded by the Panel with administrative finality by the end of the
    third year after the date on which it was begun.
    ``Sec. 11502. Enforcement by the Panel
        ``The Panel may bring a civil action--
                ``(1) to enjoin a rail carrier from violating sections
            10701 through 10706 of this title, or a regulation prescribed
            or order or certificate issued under any of those sections;
                ``(2) to enforce subchapter II of chapter 111 of this title
            and to compel compliance with the order of the Panel under that
            subchapter; and
                ``(3) to enforce an order of the Panel, except a civil
            action to enforce an order for the payment of money, when it is
            violated by a rail carrier providing transportation subject to
            the jurisdiction of the Panel under this part.
    ``Sec. 11503. Enforcement by the Attorney General
        ``The Attorney General may, and on request of the Panel shall,
    bring court proceedings to enforce this part, or a regulation or order
    of the Panel or certificate or permit issued under this part, and to
    prosecute a person violating this part or a regulation or order of the
    Panel or certificate or permit issued under this part.
    ``Sec. 11504. Rights and remedies of persons injured by rail carriers
        ``(a) A person injured because a rail carrier providing
    transportation or service subject to the jurisdiction of the Panel
    under this part does not obey an order of the Panel, except an order
    for the payment of money, may bring a civil action to enforce that
    order under this subsection.
        ``(b) A rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part is liable for damages
    sustained by a person as a result of an act or omission of that carrier
    in violation of this part.
        ``(c)(1) A person may file a complaint with the Panel under section
    11501(b) of this title or bring a civil action under subsection (b) of
    this section to enforce liability against a rail carrier providing
    transportation subject to the jurisdiction of the Panel under this
    part.
        ``(2) When the Panel makes an award under subsection (b) of this
    section, the Panel shall order the rail carrier to pay the amount
    awarded by a specific date. The Panel may order a rail carrier
    providing transportation subject to the jurisdiction of the Panel under
    this part to pay damages only when the proceeding is on complaint. The
    person for whose benefit an order of the Panel requiring the payment of
    money is made may bring a civil action to enforce that order under this
    paragraph if the rail carrier does not pay the amount awarded by the
    date payment was ordered to be made.
        ``(d)(1) When a person begins a civil action under subsection (b)
    this section to enforce an order of the Panel requiring the payment of
    damages by a rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part, the text of the order of the
    Panel must be included in the complaint. In addition to the district
    courts of the United States, a State court of general jurisdiction
    having jurisdiction of the parties has jurisdiction to enforce an order
    under this paragraph. The findings and order of the Panel are competent
    evidence of the facts stated in them. Trial in a civil action brought
    in a district court of the United States under this paragraph is in the
    judicial district--
                ``(A) in which the plaintiff resides;
                ``(B) in which the principal operating office of the rail
            carrier is located; or
                ``(C) if a rail carrier, through which the railroad line of
            that carrier runs.
    In a civil action under this paragraph, the plaintiff is liable for
    only those costs that accrue on an appeal taken by the plaintiff.
        ``(2) All parties in whose favor the award was made may be joined
    as plaintiffs in a civil action brought in a district court of the
    United States under this subsection and all the rail carriers that are
    parties to the order awarding damages may be joined as defendants.
    Trial in the action is in the judicial district in which any one of the
    plaintiffs could bring the action against any one of the defendants.
    Process may be served on a defendant at its principal operating office
    when that defendant is not in the district in which the action is
    brought. A judgment ordering recovery may be made in favor of any of
    those plaintiffs against the defendant found to be liable to that
    plaintiff.
        ``(3) The district court shall award a reasonable attorney's fee as
    a part of the damages for which a rail carrier is found liable under
    this subsection. The district court shall tax and collect that fee as a
    part of the costs of the action.
    ``Sec. 11505. Limitation on actions by and against rail carriers
        ``(a) A rail carrier providing transportation or service subject to
    the jurisdiction of the Panel under this part must begin a civil action
    to recover charges for transportation or service provided by the
    carrier within 3 years after the claim accrues.
        ``(b) A person must file a complaint with the Panel to recover
    damages under section 11504(b) of this title within 2 years after the
    claim accrues.
        ``(c) The limitation period under subsection (b) of this section is
    extended for 6 months from the time written notice is given to the
    claimant by the rail carrier of disallowance of any part of the claim
    specified in the notice if a written claim is given to the rail carrier
    within that limitation period. The limitation period under subsection
    (b) of this section is extended for 90 days from the time the rail
    carrier begins a civil action under subsection (a) of this section to
    recover charges related to the same transportation or service, or
    collects (without beginning a civil action under that subsection) the
    charge for that transportation or service if that action is begun or
    collection is made within the appropriate period.
        ``(d) A person must begin a civil action to enforce an order of the
    Panel against a rail carrier for the payment of money within one year
    after the date the order required the money to be paid.
        ``(e) This section applies to transportation for the United States
    Government. The time limitations under this section are extended, as
    related to transportation for or on behalf of the United States
    Government, for 3 years from the date of--
                ``(1) payment of the rate for the transportation or service
            involved;
                ``(2) subsequent refund for overpayment of that rate; or
                ``(3) deduction made under section 3726 of title 31,
            whichever is later.
        ``(f) A claim related to a shipment of property accrues under this
    section on delivery or tender of delivery by the rail carrier.
    ``Sec. 11506. Liability of rail carriers under receipts and bills of
                  lading
        ``(a) A rail carrier providing transportation or service subject to
    the jurisdiction of the Panel under this part shall issue a receipt or
    bill of lading for property it receives for transportation under this
    part. That rail carrier and any other rail carrier that delivers the
    property and is providing transportation or service subject to the
    jurisdiction of the Panel under this part are liable to the person
    entitled to recover under the receipt or bill of lading. The liability
    imposed under this subsection is for the actual loss or injury to the
    property caused by--
                ``(1) the receiving rail carrier;
                ``(2) the delivering rail carrier; or
                ``(3) another rail 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.
    Failure to issue a receipt or bill of lading does not affect the
    liability of a rail carrier. A delivering rail carrier is deemed to be
    the rail carrier performing the line-haul transportation nearest the
    destination but does not include a rail carrier providing only a
    switching service at the destination.
        ``(b) The rail 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
    rail carrier over whose line or route the loss or injury 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 rail carrier may not limit or be exempt from liability
    imposed under subsection (a) of this section except as provided in this
    subsection. A limitation of liability or of the amount of recovery or
    representation or agreement in a receipt, bill of lading, contract, or
    rule in violation of this section is void.
        ``(2) A rail carrier of passengers may limit its liability under
    its passenger rate for loss or injury of baggage carried on trains
    carrying passengers.
        ``(3) A rail carrier providing transportation or service subject to
    the jurisdiction of the Panel under this part may establish rates for
    transportation of property under which--
                ``(A) the liability of the rail carrier for such property
            is limited to a value established by written declaration of the
            shipper or by a written agreement between the shipper and the
            carrier; or
                ``(B) specified amounts are deducted, pursuant to a written
            agreement between the shipper and the carrier, from any claim
            against the carrier with respect to the transportation of such
            property.
        ``(d)(1) A civil action under this section may be brought in a
    district court of the United States or in a State court.
        ``(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 of 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.
        ``(e) A carrier may not provide by rule, contract, or otherwise, a
    period of less than 9 months for filing a claim against it under this
    section and 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 gives a person written notice
    that the carrier 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, in
            writing, informs the claimant that such part of the claim is
            disallowed and provides reasons for such disallowance; and
                ``(2) communications received from a carrier'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 reasons for such
            disallowance, and informs the claimant that the insurer is
            acting on behalf of the carrier.

                  ``CHAPTER 117--CIVIL AND CRIMINAL PENALTIES

    ``Sec.
    ``11701. General civil penalties.
    ``11702. Interference with railroad car supply.
    ``11703. Record keeping and reporting violations.
    ``11704. Unlawful disclosure of information.
    ``11705. Disobedience to subpoenas.
    ``11706. General criminal penalty when specific penalty not provided.
    ``11707. Punishment of corporation for violations committed by certain
                                individuals.
    ``Sec. 11701. General civil penalties
        ``(a) Except as otherwise provided in this section, a rail carrier
    providing transportation subject to the jurisdiction of the Panel under
    this part, an officer or agent of that rail carrier, or a receiver,
    trustee, lessee, or agent of one of them, knowingly violating an order
    of the Panel under this part is liable to the United States Government
    for a civil penalty of $5,000 for each violation. Liability under this
    subsection is incurred for each distinct violation. A separate
    violation occurs for each day the violation continues.
        ``(b) A rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part, or a receiver or trustee of
    that rail carrier, violating a regulation or order of the Panel under
    section 10924(a)(2) or (b) of this title is liable to the United States
    Government for a civil penalty of $500 for each violation and for $25
    for each day the violation continues.
        ``(c) A person knowingly authorizing, consenting to, or permitting
    a violation of sections 10701 through 10706 of this title or of a
    requirement or a regulation under any of those sections, is liable to
    the United States Government for a civil penalty of not more than
    $5,000.
        ``(d) A rail carrier, receiver, or operating trustee violating an
    order or direction of the Panel under section 10923 or 10924(a)(1) of
    this title is liable to the United States Government for a civil
    penalty of at least $100 but not more than $500 for each violation and
    for $50 for each day the violation continues.
        ``(e)(1) A person required under subchapter III of chapter 109 of
    this title to make, prepare, preserve, or submit to the Panel a record
    concerning transportation subject to the jurisdiction of the Panel
    under this part that does not make, prepare, preserve, or submit that
    record as required under that subchapter, is liable to the United
    States Government for a civil penalty of $500 for each violation.
        ``(2) A rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part, and a lessor, receiver, or
    trustee of that rail carrier, violating section 10944(b)(1) of this
    title, is liable to the United States Government for a civil penalty of
    $100 for each violation.
        ``(3) A rail carrier providing transportation subject to the
    jurisdiction of the Panel under this part, a lessor, receiver, or
    trustee of that rail carrier, a person furnishing cars or protective
    services against heat or cold, and an officer, agent, or employee of
    one of them, required to make a report to the Panel or answer a
    question that does not make the report or does not specifically,
    completely, and truthfully answer the question, is liable to the United
    States Government for a civil penalty of $100 for each violation.
        ``(4) A separate violation occurs for each day violation under this
    subsection continues.
        ``(f) Trial in a civil action under subsections (a) through (e) of
    this section is in the judicial district in which the rail carrier has
    its principal operating office or in a district through which the
    railroad of the rail carrier runs.
    ``Sec. 11702. Interference with railroad car supply
        ``(a) A person that offers or gives anything of value to another
    person acting for or employed by a rail carrier providing
    transportation subject to the jurisdiction of the Panel under this part
    intending to influence an action of that other person related to
    supply, distribution, or movement of cars, vehicles, or vessels used in
    the transportation of property, or because of the action of that other
    person shall be fined not more than $1,000, imprisoned for not more
    than 2 years, or both.
        ``(b) A person acting for or employed by a rail carrier providing
    transportation subject to the jurisdiction of the Panel under this part
    that solicits, accepts, or receives anything of value--
                ``(1) intending to be influenced by it in an action of that
            person related to supply, distribution, or movement of cars,
            vehicles, or vessels used in the transportation of property; or
                ``(2) because of the action of that person,
    shall be fined not more than $1,000, imprisoned for not more than 2
    years, or both.
    ``Sec. 11703. Record keeping and reporting violations
        ``A person required to make a report to the Panel, or make,
    prepare, or preserve a record, under subchapter III of chapter 109 of
    this title about transportation subject to the jurisdiction of the
    Panel under this part that knowingly and willfully--
                ``(1) makes a false entry in the report or record;
                ``(2) destroys, mutilates, changes, or by another means
            falsifies the record;
                ``(3) does not enter business related facts and
            transactions in the record;
                ``(4) makes, prepares, or preserves the record in violation
            of a regulation or order of the Panel; or
                ``(5) files a false report or record with the Panel,
    shall be fined not more than $5,000, imprisoned for not more than 2
    years, or both.
    ``Sec. 11704. Unlawful disclosure of information
        ``(a) A--
                ``(1) rail carrier providing transportation subject to the
            jurisdiction of the Panel under this part, or an officer,
            agent, or employee of that rail carrier, or another person
            authorized to receive information from that rail carrier, that
            knowingly discloses to another person, except the shipper or
            consignee; or
                ``(2) a person who solicits or knowingly receives,
    information described in subsection (b) without the consent of the
    shipper or consignee shall be fined not more than $1,000.
        ``(b) The information referred to in subsection (a) is information
    about the nature, kind, quantity, destination, consignee, or routing of
    property tendered or delivered to that rail carrier for transportation
    provided under this part, or information about the contents of a
    contract authorized under section 10509 of this title, that may be used
    to the detriment of the shipper or consignee or may disclose
    improperly, to a competitor, the business transactions of the shipper
    or consignee.
        ``(c) This part does not prevent a rail carrier or broker providing
    transportation subject to the jurisdiction of the Panel under this part
    from giving information--
                ``(1) in response to legal process issued under authority
            of a court of the United States or a State;
                ``(2) to an officer, employee, or agent of the United
            States Government, a State, or a territory or possession of the
            United States; or
                ``(3) to another rail carrier or its agent to adjust mutual
            traffic accounts in the ordinary course of business.
        ``(d) An employee of the Panel delegated to make an inspection or
    examination under section 10944 of this title who knowingly discloses
    information acquired during that inspection or examination, except as
    directed by the Panel, a court, or a judge of that court, shall be
    fined not more than $500, imprisoned for not more than 6 months, or
    both.
        ``(e) A person that knowingly discloses confidential data made
    available to such person under section 10963 of this title by a rail
    carrier providing transportation subject to the jurisdiction of the
    Panel under this part shall be fined not more than $50,000.
    ``Sec. 11705. Disobedience to subpoenas
        ``A person not obeying a subpoena or requirement of the Panel to
    appear and testify or produce records shall be fined at least $100 but
    not more than $5,000, imprisoned for not more than one year, or both.
    ``Sec. 11706. General criminal penalty when specific penalty not
                  provided
        ``When another criminal penalty is not provided under this chapter,
    a rail carrier providing transportation subject to the jurisdiction of
    the Panel under this part, and when that rail carrier is a corporation,
    a director or officer of the corporation, or a receiver, trustee,
    lessee, or person acting for or employed by the corporation that, alone
    or with another person, willfully violates this part or an order
    prescribed under this part, shall be fined not more than $5,000.
    However, if the violation is for discrimination in rates charged for
    transportation, the person may be imprisoned for not more than 2 years
    in addition to being fined under this section. A separate violation
    occurs each day a violation of section 11122 of this title continues.
    ``Sec. 11707. Punishment of corporation for violations committed by
                  certain individuals
        ``An act or omission that would be a violation of this part if
    committed by a director, officer, receiver, trustee, lessee, agent, or
    employee of a rail carrier providing transportation or service subject
    to the jurisdiction of the Panel under this part that is a corporation
    is also a violation of this part by that corporation. The penalties of
    this chapter apply to that violation. When acting in the scope of their
    employment, the actions and omissions of individuals acting for or
    employed by that rail carrier are considered to be the actions and
    omissions of that rail carrier as well as that individual.''.
        (b) Conforming Amendment.--The item relating to subtitle IV in the
    table of subtitles of title 49, United States Code, is amended by
    striking ``Commerce'' and inserting in lieu thereof ``Transportation''.

    SEC. 103. MOTOR CARRIER, WATER CARRIER, AND FREIGHT FORWARDER
                  PROVISIONS.

        Subtitle IV of title 49, United States Code, is further amended by
    adding at the end the following:

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

                       ``CHAPTER 131--GENERAL PROVISIONS

    ``Sec.
    ``13101. Transportation policy.
    ``13102. Definitions.
    ``13103. Remedies as cumulative.
    ``Sec. 13101. Transportation policy
        ``(a) In General.--To ensure the development, coordination, and
    preservation of a transportation system that meets the transportation
    needs of the United States, including the United States Postal Service
    and national defense, it is the policy of the United States Government
    to oversee the modes of transportation and--
                ``(1) in overseeing those modes--
                        ``(A) to recognize and preserve the inherent
                    advantage of each mode of transportation;
                        ``(B) to promote safe, adequate, economical, and
                    efficient transportation;
                        ``(C) to encourage sound economic conditions in
                    transportation, including sound economic conditions
                    among carriers;
                        ``(D) to encourage the establishment and
                    maintenance of reasonable rates for transportation,
                    without unreasonable discrimination or unfair or
                    destructive competitive practices;
                        ``(E) to cooperate with each State and the
                    officials of each State on transportation matters; and
                        ``(F) to encourage fair wages and working
                    conditions in the transportation industry;
                ``(2) in overseeing transportation by motor carrier, to
            promote competitive and efficient transportation services in
            order to--
                        ``(A) encourage fair competition, and reasonable
                    rates for transportation by motor carriers of property;
                        ``(B) promote efficiency in the motor carrier
                    transportation system and to require fair and
                    expeditious decisions when required;
                        ``(C) meet the needs of shippers, receivers,
                    passengers, and consumers;
                        ``(D) allow a variety of quality and price options
                    to meet changing market demands and the diverse
                    requirements of the shipping and traveling public;
                        ``(E) allow the most productive use of equipment
                    and energy resources;
                        ``(F) enable efficient and well-managed carriers to
                    earn adequate profits, attract capital, and maintain
                    fair wages and working conditions;
                        ``(G) provide and maintain service to small
                    communities and small shippers and intrastate bus
                    services;
                        ``(H) provide and maintain commuter bus operations;
                        ``(I) improve and maintain a sound, safe, and
                    competitive privately owned motor carrier system;
                        ``(J) promote greater participation by minorities
                    in the motor carrier system; and
                        ``(K) promote intermodal transportation; and
                ``(3) in overseeing transportation by motor carrier of
            passengers--
                        ``(A) to cooperate with the States on
                    transportation matters for the purpose of encouraging
                    the States to exercise intrastate regulatory
                    jurisdiction in accordance with the objectives of this
                    part;
                        ``(B) to provide Federal procedures which ensure
                    that intrastate regulation is exercised in accordance
                    with this part; and
                        ``(C) to ensure that Federal reform initiatives
                    enacted by section 31138 and the Bus Regulatory Reform
                    Act of 1982 are not nullified by State regulatory
                    actions.
        ``(b) Administration To Carry Out Policy.--This part shall be
    administered and enforced to carry out the policy of this section.
    ``Sec. 13102. Definitions
        ``In this part, the following definitions shall apply:
                ``(1) Broker.--The term `broker' means a person, other than
            a motor carrier or an employee or agent of a motor carrier,
            that as a principal or agent sells, offers for sale, negotiates
            for, or holds itself out by solicitation, advertisement, or
            otherwise as selling, providing, or arranging for,
            transportation by motor carrier for compensation.
                ``(2) Carrier.--The term `carrier' means a motor carrier, a
            water carrier, and a freight forwarder, and, for purposes of
            sections 13902, 13905, and 13906, the term includes foreign
            motor carriers and foreign motor private carriers.
                ``(3) Contract carriage.--The term `contract carriage'
            means--
                        ``(A) for transportation provided before the
                    effective date of this section, service provided
                    pursuant to a permit issued under section 10923, as in
                    effect on the day before the effective date of this
                    section; and
                        ``(B) for transportation provided on or after such
                    date, service provided under an agreement entered into
                    under section 14101(b).
                ``(4) Control.--The term `control', when referring to a
            relationship between persons, includes actual control, legal
            control, and the power to exercise control, through or by--
                        ``(A) common directors, officers, stockholders, a
                    voting trust, or a holding or investment company, or
                        ``(B) any other means.
                ``(5) Foreign motor carrier.--The term `foreign motor
            carrier' means a person (including a motor carrier of property
            but excluding a motor private carrier)--
                        ``(A)(i) that is domiciled in a contiguous foreign
                    country; or
                        ``(ii) that is owned or controlled by persons of a
                    contiguous foreign country; and
                        ``(B) in the case of a person that is not a motor
                    carrier of property, that provides interstate
                    transportation of property by motor vehicle under an
                    agreement or contract entered into with a motor carrier
                    of property (other than a motor private carrier or a
                    motor carrier of property described in subparagraph
                    (A)).
                ``(6) Foreign motor private carrier.--The term `foreign
            motor private carrier' means a person (including a motor
            private carrier but excluding a motor carrier of property)--
                        ``(A)(i) that is domiciled in a contiguous foreign
                    country; or
                        ``(ii) that is owned or controlled by persons of a
                    contiguous foreign country; and
                        ``(B) in the case of a person that is not a motor
                    private carrier, that provides interstate
                    transportation of property by motor vehicle under an
                    agreement or contract entered into with a person (other
                    than a motor carrier of property or a motor private
                    carrier described in subparagraph (A)).
                ``(7) Freight forwarder.--The term `freight forwarder'
            means a person holding itself out to the general public (other
            than as a pipeline, rail, motor, or water carrier) to provide
            transportation of property for compensation and in the ordinary
            course of its business--
                        ``(A) assembles and consolidates, or provides for
                    assembling and consolidating, shipments and performs or
                    provides for break-bulk and distribution operations of
                    the shipments;
                        ``(B) assumes responsibility for the transportation
                    from the place of receipt to the place of destination;
                    and
                        ``(C) uses for any part of the transportation a
                    carrier subject to jurisdiction under this part.
            The term does not include a person using transportation of an
            air carrier subject to part A of subtitle VII.
                ``(8) Highway.--The term `highway' means a road, highway,
            street, and way in a State.
                ``(9) Household goods.--The term `household goods', as used
            in connection with transportation, means personal effects and
            property used or to be used in a dwelling, when a part of the
            equipment or supply of such dwelling, and similar property if
            the transportation of such effects or property is--
                        ``(A) arranged and paid for by the householder,
                    including transportation of property from a factory or
                    store when the property is purchased by the householder
                    with intent to use in his or her dwelling, or
                        ``(B) arranged and paid for by another party.
                ``(10) Household goods freight forwarder.--The term
            `household goods freight forwarder' means a freight forwarder
            of one or more of the following items: household goods,
            unaccompanied baggage, or used automobiles.
                ``(11) Motor carrier.--The term `motor carrier' means a
            person providing motor vehicle transportation for compensation.
                ``(12) Motor private carrier.--The term `motor private
            carrier' means a person, other than a motor carrier,
            transporting property by motor vehicle when--
                        ``(A) the transportation is as provided in section
                    13501 of this title;
                        ``(B) the person is the owner, lessee, or bailee of
                    the property being transported; and
                        ``(C) the property is being transported for sale,
                    lease, rent, or bailment or to further a commercial
                    enterprise.
                ``(13) Motor vehicle.--The term `motor vehicle' means a
            vehicle, machine, tractor, trailer, or semitrailer propelled or
            drawn by mechanical power and used on a highway in
            transportation, or a combination determined by the Secretary,
            but does not include a vehicle, locomotive, or car operated
            only on a rail, or a trolley bus operated by electric power
            from a fixed overhead wire, and providing local passenger
            transportation similar to street-railway service.
                ``(14) Noncontiguous domestic trade.--The term
            `noncontiguous domestic trade' means motor-water transportation
            subject to jurisdiction under chapter 135 of this title
            involving traffic originating in or destined to Alaska, Hawaii,
            or a territory or possession of the United States.
                ``(15) Panel.--The term `Panel' means the Transportation
            Adjudication Panel.
                ``(16) Person.--The term `person', in addition to its
            meaning under section 1 of title 1, includes a trustee,
            receiver, assignee, or personal representative of a person.
                ``(17) Secretary.--The term `Secretary' means the Secretary
            of Transportation.
                ``(18) State.--The term `State' means the 50 States of the
            United States and the District of Columbia.
                ``(19) Transportation.--The term `transportation'
            includes--
                        ``(A) a motor vehicle, vessel, warehouse, wharf,
                    pier, dock, yard, property, facility, instrumentality,
                    or equipment of any kind related to the movement of
                    passengers or property, or both, regardless of
                    ownership or an agreement concerning use; and
                        ``(B) services related to that movement, including
                    receipt, delivery, elevation, transfer in transit,
                    refrigeration, icing, ventilation, storage, handling,
                    and interchange of passengers and property.
                ``(20) United states.--The term `United States' means the
            States of the United States and the District of Columbia.
                ``(21) Vessel.--The term `vessel' means a watercraft or
            other artificial contrivance that is used, is capable of being
            used, or is intended to be used, as a means of transportation
            by water.
                ``(22) Water carrier.--The term `water carrier' means a
            person providing water transportation for compensation.
    ``Sec. 13103. Remedies as cumulative
        ``Except as otherwise provided in this part, the remedies provided
    under this part are in addition to remedies existing under another law
    or common law.

                    ``CHAPTER 133--ADMINISTRATIVE PROVISIONS

    ``Sec.
    ``13301. Powers.
    ``13302. Intervention.
    ``13303. Service of notice in proceedings.
    ``13304. Service of process in court proceedings.
    ``Sec. 13301. Powers
        ``(a) General Powers of Secretary.--Except as otherwise specified,
    the Secretary shall carry out this part. Enumeration of a power of the
    Secretary in this part does not exclude another power the Secretary may
    have in carrying out this part. The Secretary may prescribe regulations
    in carrying out this part.
        ``(b) Obtaining Information.--The Secretary may obtain from
    carriers providing, and brokers for, transportation and service subject
    to this part, and from persons controlling, controlled by, or under
    common control with those carriers or brokers to the extent that the
    business of that person is related to the management of the business of
    that carrier or broker, information the Secretary decides is necessary
    to carry out this part.
        ``(c) Subpoena Power.--
                ``(1) By secretary.--The Secretary may subpoena witnesses
            and records related to a proceeding under this part from any
            place in the United States, to the designated place of the
            proceeding. If a witness disobeys a subpoena, the Secretary, or
            a party to a proceeding under this part, may petition a court
            of the United States to enforce that subpoena.
              ``(2) Enforcement.--The district courts of the United States
            have jurisdiction to enforce a subpoena issued under this
            section. Trial is in the district in which the proceeding is
            conducted. The court may punish a refusal to obey a subpoena as
            a contempt of court.
        ``(d) Testimony of Witnesses.--
                ``(1) Procedure for taking testimony.--In a proceeding
            under this part, the Secretary may take the testimony of a
            witness by deposition and may order the witness to produce
            records. A party to a proceeding pending under this part may
            take the testimony of a witness by deposition and may require
            the witness to produce records at any time after a proceeding
            is at issue on petition and answer.
                ``(2) Subpoena.--If a witness fails to be deposed or to
            produce records under paragraph (1) of this subsection, the
            Secretary may subpoena the witness to take a deposition,
            produce the records, or both.
                ``(3) Depositions.--A deposition may be taken before a
            judge of a court of the United States, a United States
            magistrate judge, a clerk of a district court, or a chancellor,
            justice, or judge of a supreme or superior court, mayor or
            chief magistrate of a city, judge of a county court, or court
            of common pleas of any State, or a notary public who is not
            counsel or attorney of a party or interested in the proceeding.
                ``(4) Notice of deposition.--Before taking a deposition,
            reasonable notice must be given in writing by the party or the
            attorney of that party proposing to take a deposition to the
            opposing party or the attorney of record of that party, whoever
            is nearest. The notice shall state the name of the witness and
            the time and place of taking the deposition.
                ``(5) Transcript.--The testimony of a person deposed under
            this subsection shall be taken under oath. The person taking
            the deposition shall prepare, or cause to be prepared, a
            transcript of the testimony taken. The transcript shall be
            subscribed by the deponent.
                ``(6) Foreign country.--The testimony of a witness who is
            in a foreign country may be taken by deposition before an
            officer or person designated by the Secretary or agreed on by
            the parties by written stipulation filed with the Secretary. A
            deposition shall be filed with the Secretary promptly.
        ``(e) Witness Fees.--Each witness summoned before the Secretary or
    whose deposition is taken under this section and the individual taking
    the deposition are entitled to the same fees and mileage paid for those
    services in the courts of the United States.
        ``(f) Powers of Panel.--For those provisions of this part that are
    specified to be carried out by the Panel, the Panel shall have the same
    powers as the Secretary has under this section.
    ``Sec. 13302. Intervention
        ``Under regulations of the Secretary, reasonable notice of, and an
    opportunity to intervene and participate in, a proceeding under this
    part related to transportation subject to jurisdiction under subchapter
    I of chapter 135 shall be given to interested persons.
    ``Sec. 13303. Service of notice in proceedings
        ``(a) Agents for Service of Process.--A motor carrier, a broker, or
    a freight forwarder providing transportation or service subject to
    jurisdiction under chapter 135 of this title shall designate, in
    writing, an agent by name and post office address on whom service of
    notices in a proceeding before, and of actions of, the Secretary may be
    made.
        ``(b) Filing With State.--A motor carrier providing transportation
    under this part shall also file the designation with the authority of
    each State in which it operates having jurisdiction to regulate
    transportation by motor vehicle in intrastate commerce on the highways
    of that State. The designation may be changed at any time in the same
    manner as originally made.
        ``(c) Notice.--A notice to a motor carrier, freight forwarder, or
    broker shall be served personally or by mail on the motor carrier,
    freight forwarder, or broker or on its designated agent. Service by
    mail on the designated agent shall be made at the address filed for the
    agent. When notice is given by mail, the date of mailing is considered
    to be the time when the notice is served. If a motor carrier, freight
    forwarder, or broker does not have a designated agent, service may be
    made by posting a copy of the notice at the headquarters of the
    Department of Transportation.
    ``Sec. 13304. Service of process in court proceedings
        ``(a) Designation of Agent.--A motor carrier or broker providing
    transportation subject to jurisdiction under chapter 135 of this title,
    including a motor carrier or broker operating within the United States
    while providing transportation between places in a foreign country or
    between a place in one foreign country and a place in another foreign
    country, shall designate an agent in each State in which it operates by
    name and post office address on whom process issued by a court with
    subject matter jurisdiction may be served in an action brought against
    that carrier or broker. The designation shall be in writing and filed
    with the Department of Transportation. If a designation under this
    subsection is not made, service may be made on any agent of the carrier
    or broker within that State.
        ``(b) Change.--A designation under this section may be changed at
    any time in the same manner as originally made.

                          ``CHAPTER 135--JURISDICTION

                  ``SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

    ``Sec.
    ``13501. General jurisdiction.
    ``13502. Exempt transportation between Alaska and other States.
    ``13503. Exempt motor vehicle transportation in terminal areas.
    ``13504. Exempt motor carrier transportation entirely in one State.
    ``13505. Transportation furthering a primary business.
    ``13506. Miscellaneous motor carrier transportation exemptions.
    ``13507. Mixed loads of regulated and unregulated property.
    ``13508. Limited authority over cooperative associations.
                 ``SUBCHAPTER II--WATER CARRIER TRANSPORTATION

    ``13521. General jurisdiction.
                  ``SUBCHAPTER III--FREIGHT FORWARDER SERVICE

    ``13531. General jurisdiction.
                      ``SUBCHAPTER IV--AUTHORITY TO EXEMPT

    ``13541. Authority to exempt transportation or services.

                  ``SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

    ``Sec. 13501. General jurisdiction
        ``The Secretary and the Panel shall have jurisdiction, as specified
    in this part, over transportation by motor carrier and the procurement
    of that transportation, to the extent that passengers, property, or
    both, are transported by motor carrier--
                ``(1) between a place in--
                        ``(A) a State and a place in another State;
                        ``(B) a State and another place in the same State
                    through another State;
                        ``(C) 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;
                        ``(D) 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
                        ``(E) the United States and a place in a foreign
                    country to the extent the transportation is in the
                    United States; and
                ``(2) in a reservation under the exclusive jurisdiction of
            the United States or on a public highway.
    ``Sec. 13502. Exempt transportation between Alaska and other States
        ``To the extent that transportation by a motor carrier between a
    place in Alaska and a place in another State under section 13501 is
    provided in a foreign country--
                ``(1) neither the Secretary nor the Panel has jurisdiction
            to impose a requirement over conduct of the motor carrier in
            the foreign country conflicting with a requirement of that
            country; but
                ``(2) the motor carrier, as a condition of providing
            transportation in the United States, shall comply, with respect
            to all transportation provided between Alaska and the other
            State, with the requirements of this part related to rates and
            practices applicable to the transportation.
    ``Sec. 13503. Exempt motor vehicle transportation in terminal areas
        ``(a) Transportation by Carriers.--
                ``(1) In general.--Neither the Secretary nor the Panel has
            jurisdiction under this subchapter over transportation by motor
            vehicle provided in a terminal area when the transportation--
                        ``(A) is a transfer, collection, or delivery;
                        ``(B) is provided by--
                                ``(i) a rail carrier subject to
                            jurisdiction under chapter 105;
                                ``(ii) a water carrier subject to
                            jurisdiction under subchapter II of this
                            chapter; or
                                ``(iii) a freight forwarder subject to
                            jurisdiction under subchapter III of this
                            chapter; and
                        ``(C) is incidental to transportation or service
                    provided by the carrier or freight forwarder that is
                    subject to jurisdiction under chapter 105 of this title
                    or under subchapter II or III of this chapter.
                ``(2) Applicability of other provisions.--Transportation
            exempt from jurisdiction under paragraph (1) of this subsection
            is subject to jurisdiction under chapter 105 when provided by
            such a rail carrier, under subchapter II of this chapter when
            provided by such a water carrier, and under subchapter III of
            this chapter when provided by such a freight forwarder.
        ``(b) Transportation by Agent.--
                ``(1) In general.--Except to the extent provided by
            paragraph (2) of this subsection, neither the Secretary nor the
            Panel has jurisdiction under this subchapter over
            transportation by motor vehicle provided in a terminal area
            when the transportation--
                        ``(A) is a transfer, collection, or delivery; and
                        ``(B) is provided by a person as an agent or under
                    other arrangement for--
                                ``(i) a rail carrier subject to
                            jurisdiction under chapter 105 of this title;
                                ``(ii) a motor carrier subject to
                            jurisdiction under this subchapter;
                                ``(iii) a water carrier subject to
                            jurisdiction under subchapter II of this
                            chapter; or
                                ``(iv) a freight forwarder subject to
                            jurisdiction under subchapter III of this
                            chapter.
                ``(2) Treatment of transportation by principal.--
            Transportation exempt from jurisdiction under paragraph (1) of
            this subsection is considered transportation provided by the
            carrier or service provided by the freight forwarder for whom
            the transportation was provided and is subject to jurisdiction
            under chapter 105 of this title when provided for such a rail
            carrier, under this subchapter when provided for such a motor
            carrier, under subchapter II of this chapter when provided for
            such a water carrier, and under subchapter III of this chapter
            when provided for such a freight forwarder.
    ``Sec. 13504. Exempt motor carrier transportation entirely in one State
        ``Neither the Secretary nor the Panel has jurisdiction under this
    subchapter over transportation, except transportation of household
    goods, by a motor carrier operating solely within the State of Hawaii.
    The State of Hawaii may regulate transportation exempt from
    jurisdiction under this section and, to the extent provided by a motor
    carrier operating solely within the State of Hawaii, transportation
    exempt under section 13503 of this title.
    ``Sec. 13505. Transportation furthering a primary business
        ``(a) In General.--Neither the Secretary nor the Panel has
    jurisdiction under this part over the transportation of property by
    motor vehicle when--
                ``(1) the property is transported by a person engaged in a
            business other than transportation; and
                ``(2) the transportation is within the scope of, and
            furthers a primary business (other than transportation) of the
            person.
        ``(b) Corporate Families.--
                ``(1) In general.--Neither the Secretary nor the Panel has
            jurisdiction under this part over transportation of property by
            motor vehicle for compensation provided by a person who is a
            member of a corporate family for other members of such
            corporate family.
                ``(2) Definition.--In this section, `corporate family'
            means a group of corporations consisting of a parent
            corporation and all subsidiaries in which the parent
            corporation owns directly or indirectly a 100 percent interest.
    ``Sec. 13506. Miscellaneous motor carrier transportation exemptions
        ``(a) In General.--Neither the Secretary nor the Panel has
    jurisdiction under this part over--
                ``(1) a motor vehicle transporting only school children and
            teachers to or from school;
                ``(2) a motor vehicle providing taxicab service and having
            a capacity of not more than 6 passengers and not operated on a
            regular route or between specified places;
                ``(3) a motor vehicle owned or operated by or for a hotel
            and only transporting hotel patrons between the hotel and the
            local station of a common carrier;
                ``(4) a motor vehicle controlled and operated by a farmer
            and transporting--
                        ``(A) the farmer's agricultural or horticultural
                    commodities and products; or
                        ``(B) supplies to the farm of the farmer;
                ``(5) a motor vehicle controlled and operated by a
            cooperative association (as defined by section 15(a) of the
            Agricultural Marketing Act (12 U.S.C. 1141j(a)) or by a
            federation of cooperative associations if the federation has no
            greater power or purposes than a cooperative association,
            except that if the cooperative association or federation
            provides transportation for compensation between a place in a
            State and a place in another State, or between a place in a
            State and another place in the same State through another
            State--
                        ``(A) for a nonmember that is not a farmer,
                    cooperative association, federation, or the United
                    States Government, the transportation (except for
                    transportation otherwise exempt under this
                    subchapter)--
                                ``(i) shall be limited to transportation
                            incidental to the primary transportation
                            operation of the cooperative association or
                            federation and necessary for its effective
                            performance; and
                                ``(ii) may not exceed in each fiscal year
                            25 percent of the total transportation of the
                            cooperative association or federation between
                            those places, measured by tonnage; and
                        ``(B) the transportation for all nonmembers may not
                    exceed in each fiscal year, measured by tonnage, the
                    total transportation between those places for the
                    cooperative association or federation and its members
                    during that fiscal year;
                ``(6) transportation by motor vehicle of--
                        ``(A) ordinary livestock;
                        ``(B) agricultural or horticultural commodities
                    (other than manufactured products thereof);
                        ``(C) commodities listed as exempt in the Commodity
                    List incorporated in ruling numbered 107, March 19,
                    1958, Bureau of Motor Carriers, Interstate Commerce
                    Commission, other than frozen fruits, frozen berries,
                    frozen vegetables, cocoa beans, coffee beans, tea,
                    bananas, or hemp, or wool imported from a foreign
                    country, wool tops and noils, or wool waste (carded,
                    spun, woven, or knitted);
                        ``(D) cooked or uncooked fish, whether breaded or
                    not, or frozen or fresh shellfish, or byproducts
                    thereof not intended for human consumption, other than
                    fish or shellfish that have been treated for
                    preserving, such as canned, smoked, pickled, spiced,
                    corned, or kippered products; and
                        ``(E) livestock and poultry feed and agricultural
                    seeds and plants, if such products (excluding products
                    otherwise exempt under this paragraph) are transported
                    to a site of agricultural production or to a business
                    enterprise engaged in the sale to agricultural
                    producers of goods used in agricultural production;
                ``(7) a motor vehicle used only to distribute newspapers;
                ``(8)(A) transportation of passengers by motor vehicle
            incidental to transportation by aircraft;
                ``(B) transportation of property (including baggage) by
            motor vehicle as part of a continuous movement which, prior or
            subsequent to such part of the continuous movement, has been or
            will be transported by an air carrier or (to the extent so
            agreed by the United States and approved by the Secretary) by a
            foreign air carrier; or
                ``(C) transportation of property by motor vehicle in lieu
            of transportation by aircraft because of adverse weather
            conditions or mechanical failure of the aircraft or other
            causes due to circumstances beyond the control of the carrier
            or shipper;
                ``(9) the operation of a motor vehicle in a national park
            or national monument;
                ``(10) a motor vehicle carrying not more than 15
            individuals in a single, daily roundtrip to commute to and from
            work;
                ``(11) transportation of used pallets and used empty
            shipping containers (including intermodal cargo containers),
            and other used shipping devices (other than containers or
            devices used in the transportation of motor vehicles or parts
            of motor vehicles);
                ``(12) transportation of natural, crushed, vesicular rock
            to be used for decorative purposes;
                ``(13) transportation of wood chips;
                ``(14) brokers for motor carriers of passengers, except as
            provided in section 13904(d)); or
                ``(15) transportation of broken, crushed, or powdered
            glass.
        ``(b) Exempt Unless Otherwise Necessary.--Except to the extent the
    Secretary or Panel, as applicable, finds it necessary to exercise
    jurisdiction to carry out the transportation policy of section 13101,
    neither the Secretary nor the Panel has jurisdiction under this part
    over--
                ``(1) transportation provided entirely in a municipality,
            in contiguous municipalities, or in a zone that is adjacent to,
            and commercially a part of, the municipality or municipalities,
            except--
                        ``(A) when the transportation is under common
                    control, management, or arrangement for a continuous
                    carriage or shipment to or from a place outside the
                    municipality, municipalities, or zone; or
                        ``(B) that in transporting passengers over a route
                    between a place in a State and a place in another
                    State, or between a place in a State and another place
                    in the same State through another State, the
                    transportation is exempt from jurisdiction under this
                    part only if the motor carrier operating the motor
                    vehicle also is lawfully providing intrastate
                    transportation of passengers over the entire route
                    under the laws of each State through which the route
                    runs;
                ``(2) transportation by motor vehicle provided casually,
            occasionally, or reciprocally but not as a regular occupation
            or business, except when a broker or other person sells or
            offers for sale passenger transportation provided by a person
            authorized to transport passengers by motor vehicle under an
            application pending, or registration issued, under this part;
            or
                ``(3) the emergency towing of an accidentally wrecked or
            disabled motor vehicle.
    ``Sec. 13507. Mixed loads of regulated and unregulated property
        ``A motor carrier of property providing transportation exempt from
    jurisdiction under paragraph (6), (8), (11), (12), or (13) of section
    13506(a) may transport property under such paragraph in the same
    vehicle and at the same time as property which the carrier is
    authorized to transport under a registration issued under section
    13902(a). Such transportation shall not affect the unregulated status
    of such exempt property or the regulated status of the property which
    the carrier is authorized to transport under such registration.
    ``Sec. 13508. Limited authority over cooperative associations
        ``(a) In General.--Notwithstanding section 13506(a)(5), any
    cooperative association (as defined by section 15(a) of the
    Agricultural Marketing Act (12 U.S.C. 1141j(a))) or a federation of
    cooperative associations shall prepare and maintain such records
    relating to transportation provided by such association or federation,
    in such form as the Secretary or the Panel may require by regulation to
    carry out the provisions of such section 13506(a)(5). The Secretary or
    the Panel, or an employee designated by the Secretary or the Panel, may
    on demand and display of proper credentials--
                ``(1) inspect and examine the lands, buildings, and
            equipment of such association or federation; and
                ``(2) inspect and copy any record of such association or
            federation.
        ``(b) Reports.--Notwithstanding section 13506(a)(5), the Secretary
    or the Panel may require a cooperative association or federation of
    cooperative associations described in subsection (a) of this section to
    file reports with the Secretary or the Panel containing answers to
    questions about transportation provided by such association or
    federation.
        ``(c) Enforcement.--The Secretary or the Panel may bring a civil
    action to enforce subsections (a) and (b) of this section or a
    regulation or order of the Secretary or the Panel issued under this
    section, when violated by a cooperative association or federation of
    cooperative associations described in subsection (a).
        ``(d) Reporting Penalties.--
                ``(1) In general.--A person required to make a report to
            the Secretary or the Panel, answer a question, or maintain a
            record under this section, or an officer, agent, or employee of
            that person, that--
                        ``(A) does not make the report;
                        ``(B) does not specifically, completely, and
                    truthfully answer the question; or
                        ``(C) does not maintain the record in the form and
                    manner prescribed under this section;
            is liable to the United States Government for a civil penalty
            of not more than $500 for each violation and for not more than
            $250 for each additional day the violation continues.
                ``(2) Venue.--Trial in a civil action under paragraph (1)
            shall be in the judicial district in which--
                        ``(A) the cooperative association or federation of
                    cooperative associations has its principal office;
                        ``(B) the violation occurred; or
                        ``(C) the offender is found.
            Process in the action may be served in the judicial district of
            which the offender is an inhabitant or in which the offender
            may be found.
        ``(e) Evasion Penalties.--A person, or an officer, employee, or
    agent of that person, that by any means knowingly and willfully tries
    to evade compliance with the provisions of this section shall be fined
    at least $200 but not more than $500 for the first violation and at
    least $250 but not more than $2,000 for a subsequent violation.
        ``(f) Recordkeeping Penalties.--A person required to make a report,
    answer a question, or maintain a record under this section, or an
    officer, agent, or employee of that person, that--
                ``(1) willfully does not make that report;
                ``(2) willfully does not specifically, completely, and
            truthfully answer that question in 30 days from the date that
            the question is required to be answered;
                ``(3) willfully does not maintain that record in the form
            and manner prescribed;
                ``(4) knowingly and willfully falsifies, destroys,
            mutilates, or changes that report or record;
                ``(5) knowingly and willfully files a false report or
            record under this section;
                ``(6) knowingly and willfully makes a false or incomplete
            entry in that record about a business-related fact or
            transaction; or
                ``(7) knowingly and willfully maintains a record in
            violation of a regulation or order issued under this section;
    shall be fined not more than $5,000.

                 ``SUBCHAPTER II--WATER CARRIER TRANSPORTATION

    ``Sec. 13521. General jurisdiction
        ``(a) General Rules.--The Secretary has jurisdiction over
    transportation insofar as water carriers are concerned--
                ``(1) by water carrier between a place in a State and a
            place in another State, even if part of the transportation is
            outside the United States;
                ``(2) by water carrier and motor carrier from a place in a
            State to a place in another State; except that if part of the
            transportation is outside the United States, the Secretary only
            has jurisdiction over that part of the transportation
            provided--
                        ``(A) by motor carrier that is in the United
                    States; and
                        ``(B) by water carrier that is from a place in the
                    United States to another place in the United States;
                    and
                ``(3) by water carrier or by water carrier and motor
            carrier between a place in the United States and a place
            outside the United States, to the extent that--
                        ``(A) when the transportation is by motor carrier,
                    the transportation is provided in the United States;
                        ``(B) when the transportation is by water carrier
                    to a place outside the United States, the
                    transportation is provided by water carrier from a
                    place in the United States to another place in the
                    United States before transshipment from a place in the
                    United States to a place outside the United States; and
                        ``(C) when the transportation is by water carrier
                    from a place outside the United States, the
                    transportation is provided by water carrier from a
                    place in the United States to another place in the
                    United States after transshipment to a place in the
                    United States from a place outside the United States.
        ``(b) Definitions.--In this section, the terms `State' and `United
    States' include the territories of the United States.

                  ``SUBCHAPTER III--FREIGHT FORWARDER SERVICE

    ``Sec. 13531. General jurisdiction
        ``(a) In General.--The Secretary and the Panel have jurisdiction,
    as specified in this part, over service that a freight forwarder
    undertakes to provide, or is authorized or required under this part to
    provide, to the extent transportation is provided in the United States
    and is between--
                ``(1) a place in a State and a place in another State, even
            if part of the transportation is outside the United States;
                ``(2) a place in a State and another place in the same
            State through a place outside the State; or
                ``(3) a place in the United States and a place outside the
            United States.
        ``(b) Exemption of Certain Air Carrier Service.--Neither the
    Secretary nor the Panel has jurisdiction under subsection (a) of this
    section over service undertaken by a freight forwarder using
    transportation of an air carrier subject to part A of subtitle VII of
    this title.

                      ``SUBCHAPTER IV--AUTHORITY TO EXEMPT

    ``Sec. 13541. Authority to exempt transportation or services
        ``(a) In General.--In any matter subject to jurisdiction under this
    part, the Secretary or the Panel, as applicable, shall exempt a person,
    class of persons, or a transaction or service from the application of a
    provision of this part, or use this exemption authority to modify the
    application of a provision of this part as it applies to such person,
    class, transaction, or service, when the Secretary or Panel finds that
    the application of that provision in whole or in part--
                ``(1) is not necessary to carry out the transportation
            policy of section 13101;
                ``(2) is not needed to protect shippers from the abuse of
            market power or that the transaction or service is of limited
            scope; and
                ``(3) is in the public interest.
        ``(b) Initiation of Proceeding.--The Secretary or Panel, as
    applicable, may, where appropriate, begin a proceeding under this
    section on the Secretary's or Panel's own initiative or on application
    by an interested party.
        ``(c) Period of Exemption.--The Secretary or Panel, as applicable,
    may specify the period of time during which an exemption granted under
    this section is effective.
        ``(d) Revocation.--The Secretary or Panel, as applicable, may
    revoke an exemption, to the extent specified, on finding that
    application of a provision of this part to the person, class, or
    transportation is necessary to carry out the transportation policy of
    section 13101.
        ``(e) Limitations.--The exemption authority under this section may
    not be used to relieve a person from the application of, and compliance
    with, any law, rule, regulation, standard, or order pertaining to cargo
    loss and damage, insurance, safety fitness, or activities approved
    under section 13703 or not terminated under section 13907(d)(2).

                    ``CHAPTER 137--RATES AND THROUGH ROUTES

    ``Sec.
    ``13701. Requirements for reasonable rates, classifications, through
                                routes, rules, and practices for certain
                                transportation.
    ``13702. Tariff requirement for certain transportation.
    ``13703. Certain collective activities; exemption from antitrust laws.
    ``13704. Household goods rates--estimates; guarantees of service.
    ``13705. Requirements for through routes among motor carriers of
                                passengers.
    ``13706. Liability for payment of rates.
    ``13707. Billing and collecting practices. .
    ``13708. Procedures for resolving claims involving unfiled, negotiated
                                transportation rates.
    ``13709. Additional motor carrier undercharge provisions.
    ``13710. Alternative procedure for resolving undercharge disputes.
    ``13711. Government traffic.
    ``13712. Food and grocery transportation.
    ``Sec. 13701. Requirements for reasonable rates, classifications,
                  through routes, rules, and practices for certain
                  transportation
        ``(a) Reasonableness.--
                ``(1) Certain household goods transportation; joint rates
            involving water transportation.--A rate, classification, rule,
            or practice related to transportation or service provided by a
            carrier subject to jurisdiction under subchapters I or III of
            chapter 135 of this title for transportation or service
            involving--
                        ``(A) a movement of household goods described in
                    section 13102(9)(A), or
                        ``(B) a joint rate for a through movement with a
                    water carrier in noncontiguous domestic trade,
            must be reasonable.
                ``(2) Through routes and divisions of joint rates.--Through
            routes and divisions of joint rates for such transportation or
            service must be reasonable.
        ``(b) Prescription by Panel for Violations.--When the Panel finds
    it necessary to stop or prevent a violation of subsection (a), the
    Panel shall prescribe the rate, classification, rule, practice, through
    route, or division of joint rates to be applied for such transportation
    or service.
    ``Sec. 13702. Tariff requirement for certain transportation
        ``(a) Surface Transportation Covered.--A carrier subject to
    jurisdiction under subchapters I or III of chapter 135 of this title
    may provide transportation or service that is--
                ``(1) under a joint rate for a through movement in
            noncontiguous domestic trade, or
                ``(2) for movement of household goods described in section
            13102(9)(A),
    only if the rate for such transportation or service is contained in a
    tariff that is in effect under this section. The carrier may not charge
    or receive a different compensation for the transportation or service
    than the rate specified in the tariff, whether by returning a part of
    that rate to a person, giving a person a privilege, allowing the use of
    a facility that affects the value of that transportation or service, or
    another device. A rate contained in a tariff shall be stated in money
    of the United States.
        ``(b) Tariff Requirements for Noncontiguous Domestic Trade.--
                ``(1) Filing.--A carrier providing transportation or
            service described in subsection (a)(1) shall publish and file
            with the Panel tariffs containing the rates established for
            such transportation or service. The carriers shall keep such
            tariffs available for public inspection. The Panel shall
            prescribe the form and manner of publishing, filing, and
            keeping tariffs available for public inspection under this
            subsection.
                ``(2) Contents.--The Panel may prescribe any specific
            information and charges to be identified in a tariff, but at a
            minimum tariffs must identify plainly--
                        ``(A) the carriers that are parties to it;
                        ``(B) the places between which property will be
                    transported;
                        ``(C) terminal charges if a carrier provides
                    transportation or service subject to jurisdiction under
                    subchapter III of chapter 135;
                        ``(D) privileges given and facilities allowed; and
                        ``(E) any rules that change, affect, or determine
                    any part of the published rate.
                ``(3) Changes.--The Panel may permit carriers to change
            rates, classifications, rules, and practices without filing
            complete tariffs under this subsection that cover matter that
            is not being changed when the Panel finds that action to be
            consistent with the public interest. Those carriers may
            either--
                        ``(A) publish new tariffs that incorporate changes,
                    or
                        ``(B) plainly indicate the proposed changes in the
                    tariffs then in effect and kept open for public
                    inspection.
        ``(c) Tariff Requirements for Household Goods Carriers.--
                ``(1) In general.--A carrier providing transportation
            described in subsection (a)(2) shall maintain rates and related
            rules and practices in a tariff. The tariff must be submitted
            to the Panel for inspection and be made available for
            inspection by shippers upon reasonable request.
                ``(2) Notice of availability.--A carrier that maintains a
            tariff under this subsection may not enforce the provisions of
            the tariff unless the carrier has given notice that the tariff
            is available for inspection in its bill of lading or by other
            actual notice to individuals whose shipments are subject to the
            tariff.
                ``(3) Requirements.--A carrier that maintains a tariff
            under this subsection is bound by the tariff except as
            otherwise provided in this part. A tariff that does not comply
            with this subsection may not be enforced against any individual
            shipper.
                ``(4) Incorporation by reference.--A carrier may
            incorporate by reference the rates, terms, and other conditions
            in a tariff in agreements covering the transportation of
            households described in section 13102(9)(B).
                ``(5) Complaints.--A complaint that a rate or related rule
            or practice maintained in a tariff under this subsection
            violates section 13701(a) may be submitted to the Panel for
            resolution.
        ``(d) Invalidation.--The Panel may invalidate a tariff prepared by
    a carrier or carriers under this section (other than subsection (e)) if
    that tariff violates this section or a regulation of the Panel carrying
    out this section.
        ``(e) Port-to-Port Transportation.--
                ``(1) In general.--
                        ``(A) Filing requirement.--Except with regard to
                    bulk cargo, forest products, recycled metal scrap,
                    waste paper, and paper waste, each water common carrier
                    subject to jurisdiction under subchapter II of chapter
                    135 performing transportation in domestic offshore
                    commerce shall file with the Panel, and keep open to
                    public inspection, tariffs showing all its rates,
                    charges, classifications, rules, and practices between
                    all points or ports on its own route and on any through
                    transportation route that has been established. Such
                    carriers shall not be required to state separately or
                    otherwise reveal in tariff filings the inland divisions
                    of a through rate. Such tariffs shall--
                                ``(i) state the places between which cargo
                            will be carried;
                                ``(ii) list each classification of cargo in
                            use;
                                ``(iii) state separately each terminal or
                            other charge, privilege, or facility under the
                            control of the carrier and any rules or
                            regulations that in any way change, affect, or
                            determine any part of the aggregate of the
                            rates or charges; and
                                ``(iv) include sample copies of any loyalty
                            contract, bill of lading, contract of
                            affreightment, or other document evidencing the
                            transportation agreement.
                        ``(B) Availability.--Copies of tariffs shall be
                    made available to any person, and a reasonable charge
                    may be assessed for them.
                ``(2) Time-volume rates.--Rates shown in tariffs filed
            under paragraph (1) may vary with the volume of cargo offered
            over a specified period of time.
                ``(3) Rates.--No new or initial rate required to be filed
            under this subsection, or change in an existing rate required
            to be filed under this subsection, that results in an increased
            cost to a shipper may become effective earlier than 30 days
            after filing of the rate with the Panel; except that the Panel,
            for good cause, may allow such a new or initial rate or change
            to become effective in less than 30 days. A change in such an
            existing rate that results in a decreased cost to the shipper
            may become effective upon publication and filing of the rate
            with the Panel.
    ``Sec. 13703. Certain collective activities; exemption from antitrust
                  laws
        ``(a) Agreements.--
                ``(1) Authority to enter.--A motor carrier providing
            transportation or service subject to jurisdiction under chapter
            135 may enter into an agreement with one or more such carriers
            to establish--
                        ``(A) through routes and joint rates;
                        ``(B) rates for the transportation of household
                    goods described in section 13102(9)(A);
                        ``(C) classifications;
                        ``(D) mileage guides;
                        ``(E) rules;
                        ``(F) divisions;
                        ``(G) rate adjustments of general application based
                    on industry average carrier costs (so long as there is
                    no discussion of individual markets or particular
                    single-line rates); or
                        ``(H) procedures for joint consideration,
                    initiation, or establishment of matters described in
                    subparagraphs (A) through (G).
                ``(2) Submission of agreement to panel; approval.--An
            agreement entered into under subsection (a) may be submitted by
            any carrier or carriers that are parties to such agreement to
            the Panel for approval and may be approved by the Panel only if
            it finds that such agreement is in the public interest.
                ``(3) Conditions.--The Panel may require compliance with
            reasonable conditions consistent with this part to assure that
            the agreement furthers the transportation policy set forth in
            section 13101.
                ``(4) Investigations.--The Panel may suspend and
            investigate the reasonableness of any classification or rate
            adjustment of general application made pursuant to an agreement
            under this section.
                ``(5) Effect of approval.--If the Panel approves the
            agreement or renews approval of the agreement, it may be made
            and carried out under its terms and under the conditions
            required by the Panel, and the antitrust laws, as defined in
            the first section of the Clayton Act (15 U.S.C. 12), do not
            apply to parties and other persons with respect to making or
            carrying out the agreement.
        ``(b) Records.--The Panel may require an organization established
    or continued under an agreement approved under this section to maintain
    records and submit reports. The Panel, or its delegate, may inspect a
    record maintained under this section, or monitor any organization's
    compliance with this section.
        ``(c) Review.--The Panel may review an agreement approved under
    this section, on its own initiative or on request, and shall change the
    conditions of approval or terminate it when necessary to protect the
    public interest. Action of the Panel under this section--
                ``(1) approving an agreement,
                ``(2) denying, ending, or changing approval,
                ``(3) prescribing the conditions on which approval is
            granted, or
                ``(4) changing those conditions,
    has effect only as related to application of the antitrust laws
    referred to in subsection (a).
        ``(d) Expiration of Approvals; Renewals.--Subject to subsection
    (c), approval of an agreement under subsection (a) shall expire 3 years
    after the date of approval unless renewed under this subsection. The
    approval may be renewed upon request of the parties to the agreement if
    such parties resubmit the agreement to the Panel, the agreement is
    unchanged, and the Panel approves such renewal. The Panel shall approve
    the renewal unless it finds that the renewal is not in the public
    interest.
        ``(e) Existing Agreements.--Agreements approved under former
    section 10706(b) and in effect on the day before the effective date of
    this section shall be treated for purposes of this section as approved
    by the Panel under this section beginning on such effective date.
        ``(f) Limitations on Statutory Construction.--
                ``(1) Undercharge claims.--Nothing in this section shall
            serve as a basis for any undercharge claim.
                ``(2) Obligation of shipper.--Nothing in this title, the
            ICC Termination Act of 1995, or any amendments or repeals made
            by such Act shall be construed as creating any obligation for a
            shipper based solely on a classification that was on file with
            the Interstate Commerce Commission or elsewhere on the day
            before the effective date of this section.
        ``(g) Mileage Rate Limitation.--No carrier subject to jurisdiction
    under subchapter I or III of chapter 135 may enforce collection of its
    mileage rates unless such carrier--
                ``(1) uses an independent publication of mileage (other
            than a publication referred to in paragraph (2)) which can be
            examined by any interested person upon reasonable request; or
                ``(2) is a participant in a publication of mileages
            formulated under an agreement approved under this section.
        ``(h) Single Line Rate Defined.--In this section, the term `single
    line rate' means a rate, charge, or allowance proposed by a single
    motor carrier that is applicable only over its line and for which the
    transportation can be provided by that carrier.
    ``Sec. 13704. Household goods rates--estimates; guarantees of service
        ``(a) In General.--
                ``(1) Authority.--Subject to the provisions of paragraph
            (2) of this subsection, a motor carrier providing
            transportation of household goods subject to jurisdiction under
            subchapter I of chapter 135 may establish a rate for the
            transportation of household goods which is based on the
            carrier's written, binding estimate of charges for providing
            such transportation.
                ``(2) Nonpreferential; nonpredatory.--Any rate established
            under this subsection must be available on a nonpreferential
            basis to shippers and must not result in charges to shippers
            which are predatory.
        ``(b) Rates for Guaranteed Service.--
                ``(1) Authority.--Subject to the provisions of paragraph
            (2) of this subsection, a motor carrier providing
            transportation of household goods subject to jurisdiction under
            subchapter I of chapter 135 may establish rates for the
            transportation of household goods which guarantee that the
            carrier will pick up and deliver such household goods at the
            times specified in the contract for such services and provide a
            penalty or per diem payment in the event the carrier fails to
            pick up or deliver such household goods at the specified time.
            The charges, if any, for such guarantee and penalty provision
            may vary to reflect one or more options available to meet a
            particular shipper's needs.
                ``(2) Authority of secretary to require nonguaranteed
            service rates.--Before a carrier may establish a rate for any
            service under paragraph (1) of this subsection, the Secretary
            may require such carrier to have in effect and keep in effect,
            during any period such rate is in effect under paragraph (1), a
            rate for such service which does not guarantee the pick up and
            delivery of household goods at the times specified in the
            contract for such services and which does not provide a penalty
            or per diem payment in the event the carrier fails to pick up
            or deliver household goods at the specified time.
    ``Sec. 13705. Requirements for through routes among motor carriers of
                  passengers
        ``(a) Establishment; Reasonableness.--A motor carrier providing
    transportation of passengers subject to jurisdiction under subchapter I
    of chapter 135 shall establish through routes with other carriers of
    the same type and shall establish individual and joint rates applicable
    to them. Such through route must be reasonable.
        ``(b) Prescribed by Panel.--When the Panel finds it necessary to
    enforce the requirements of this section, the Panel may prescribe
    through routes and the conditions under which those routes must be
    operated for motor carriers providing transportation of passengers
    subject to jurisdiction under subchapter I of chapter 135.
    ``Sec. 13706. Liability for payment of rates
        ``(a) Liability of Consignee.--Liability for payment of rates for
    transportation for a shipment of property by a shipper or consignor to
    a consignee other than the shipper or consignor, is determined under
    this section when the transportation is provided by motor carrier under
    this part. When the shipper or consignor instructs the carrier
    transporting the property to deliver it to a consignee that is an agent
    only, not having beneficial title to the property, the consignee is
    liable for rates billed at the time of delivery for which the consignee
    is otherwise liable, but not for additional rates that may be found to
    be due after delivery if the consignee gives written notice to the
    delivering carrier before delivery of the property--
                ``(1) of the agency and absence of beneficial title; and
                ``(2) of the name and address of the beneficial owner of
            the property if it is reconsigned or diverted to a place other
            than the place specified in the original bill of lading.
        ``(b) Liability of Beneficial Owner.--When the consignee is liable
    only for rates billed at the time of delivery under subsection (a), the
    shipper or consignor, or, if the property is reconsigned or diverted,
    the beneficial owner is liable for those additional rates regardless of
    the bill of the lading or contract under which the property was
    transported. The beneficial owner is liable for all rates when the
    property is reconsigned or diverted by an agent but is refused or
    abandoned at its ultimate destination if the agent gave the carrier in
    the reconsignment or diversion order a notice of agency and the name
    and address of the beneficial owner. A consignee giving the carrier
    erroneous information about the identity of the beneficial owner of the
    property is liable for the additional rates.
    ``Sec. 13707. Billing and collecting practices
        ``(a) Timing.--A motor carrier subject to jurisdiction under
    subchapter I of chapter 135 shall disclose, when a document is
    presented or electronically transmitted for payment to the person
    responsible directly to the motor carrier for payment or agent of such
    responsible person, the actual rates, charges, or allowances for any
    transportation service.
        ``(b) False or Misleading Information.--No person may cause a motor
    carrier to present false or misleading information on a document about
    the actual rate, charge, or allowance to any party to the transaction.
        ``(c) Allowances for Services.--When the actual rate, charge, or
    allowance is dependent upon the performance of a service by a party to
    the transportation arrangement, such as tendering a volume of freight
    over a stated period of time, the motor carrier shall indicate in any
    document presented for payment to the person responsible directly to
    the motor carrier that a reduction, allowance, or other adjustment may
    apply.
    ``Sec. 13708. Procedures for resolving claims involving unfiled,
                  negotiated transportation rates
        ``(a) Transportation Provided Before Effective Date.--
                ``(1) In general.--When a claim is made by a motor carrier
            of property (other than a household goods carrier) providing
            transportation subject to jurisdiction under subchapter II of
            chapter 105, as in effect on the day before the effective date
            of this section, by a freight forwarder (other than a household
            goods freight forwarder), or by a party representing such a
            carrier or freight forwarder regarding the collection of rates
            or charges for such transportation in addition to those
            originally billed and collected by the carrier or freight
            forwarder for such transportation, the person against whom the
            claim is made may elect to satisfy the claim under the
            provisions of subsection (b), (c), or (d), upon showing that--
                        ``(A) the carrier or freight forwarder is no longer
                    transporting property or is transporting property for
                    the purpose of avoiding the application of this
                    section; and
                        ``(B) with respect to the claim--
                                ``(i) the person was offered a
                            transportation rate by the carrier or freight
                            forwarder other than that legally on file with
                            the Interstate Commerce Commission for the
                            transportation service;
                                ``(ii) the person tendered freight to the
                            carrier or freight forwarder in reasonable
                            reliance upon the offered transportation rate;
                                ``(iii) the carrier or freight forwarder
                            did not properly or timely file with the
                            Interstate Commerce Commission a tariff
                            providing for such transportation rate or
                            failed to enter into an agreement for contract
                            carriage;
                                ``(iv) such transportation rate was billed
                            and collected by the carrier or freight
                            forwarder; and
                                ``(v) the carrier or freight forwarder
                            demands additional payment of a higher rate
                            filed in a tariff.
                ``(2) Forum for resolution of showings.--If there is a
            dispute as to the showing under paragraph (1)(A), such dispute
            shall be resolved by the court in which the claim is brought.
            If there is a dispute as to the showing under paragraph (1)(B),
            such dispute shall be resolved by the Panel. Pending the
            resolution of any such dispute, the person shall not have to
            pay any additional compensation to the carrier or freight
            forwarder.
                ``(3) Effect of satisfaction of claims under dispute
            resolution procedure.--Satisfaction of a claim under subsection
            (b), (c), or (d) shall be binding on the parties, and the
            parties shall not be subject to chapter 119, as in effect on
            the day before the effective date of this section.
        ``(b) Claims Involving Shipments Weighing 10,000 Pounds or Less.--A
    person from whom the additional legally applicable and effective tariff
    rate or charges are sought may elect to satisfy the claim, if the
    shipments each weighed 10,000 pounds or less, by payment of 20 percent
    of the difference between the carrier's applicable and effective tariff
    rate and the rate originally billed and paid. In the event that a
    dispute arises as to the rate that was legally applicable to the
    shipment, such dispute shall be resolved by the Panel .
        ``(c) Claims Involving Shipments Weighing More Than 10,000
    Pounds.--A person from whom the additional legally applicable and
    effective tariff rate or charges are sought may elect to satisfy the
    claim, if the shipments each weighed more than 10,000 pounds, by
    payment of 15 percent of the difference between the carrier's
    applicable and effective tariff rate and the rate originally billed and
    paid. In the event that a dispute arises as to the rate that was
    legally applicable to the shipment, such dispute shall be resolved by
    the Panel.
        ``(d) Claims Involving Public Warehousemen.--Notwithstanding
    subsections (b) and (c), a person from whom the additional legally
    applicable and effective tariff rate or charges are sought may elect to
    satisfy the claim by payment of 5 percent of the difference between the
    carrier's applicable and effective tariff rate and the rate originally
    billed and paid if such person is a public warehouseman. In the event
    that a dispute arises as to the rate that was legally applicable to the
    shipment, such dispute shall be resolved by the Panel.
        ``(e) Effects of Election.--When a person from whom additional
    legally applicable freight rates or charges are sought does not elect
    to use the provisions of subsections (b), (c) or (d), the person may
    pursue all rights and remedies existing under this title on the day
    before the effective date of this section.
        ``(f) Stay of Additional Compensation.--When a person proceeds
    under this section to challenge the reasonableness of the legally
    applicable freight rate or charges being claimed by a carrier or
    freight forwarder in addition to those already billed and collected,
    the person shall not have to pay any additional compensation to the
    carrier or freight forwarder until the Panel has made a determination
    as to the reasonableness of the challenged rate as applied to the
    freight of the person against whom the claim is made.
        ``(g) Notification of Election.--
                ``(1) General rule.--A person must notify the carrier or
            freight forwarder as to its election to proceed under
            subsection (b), (c), or (d). Except as provided in paragraphs
            (2), (3), and (4), such election may be made at any time.
                ``(2) Demands for payment initially made after december 3,
            1993.--If the carrier or freight forwarder or party
            representing such carrier or freight forwarder initially
            demands the payment of additional freight charges after
            December 3, 1993, and notifies the person from whom additional
            freight charges are sought of the provisions of subsections (a)
            through (f) at the time of the making of such initial demand,
            the election must be made not later than the later of--
                        ``(A) the 60th day following the filing of an
                    answer to a suit for the collection of such additional
                    legally applicable freight rate or charges, or
                        ``(B) March 5, 1994.
                ``(3) Pending suits for collection made before december 4,
            1993.--If the carrier or freight forwarder or party
            representing such carrier or freight forwarder has filed,
            before December 4, 1993, a suit for the collection of
            additional freight charges and notifies the person from whom
            additional freight charges are sought of the provisions of
            subsections (a) through (f), the election must be made not
            later than the 90th day following the date on which such
            notification is received.
                ``(4) Demands for payment made before december 4, 1993.--If
            the carrier or freight forwarder or party representing such
            carrier or freight forwarder has demanded the payment of
            additional freight charges, and has not filed a suit for the
            collection of such additional freight charges, before December
            4, 1993, and notifies the person from whom additional freight
            charges are sought of the provisions of subsections (a) through
            (f), the election must be made not later than the later of--
                        ``(A) the 60th day following the filing of an
                    answer to a suit for the collection of such additional
                    legally applicable freight rate or charges, or
                        ``(B) March 5, 1994.
        ``(h) Claims Involving Small-Business Concerns, Charitable
    Organizations, and Recyclable Materials.--
                ``(1) In general.--Notwithstanding subsections (b), (c),
            and (d), a person from whom the additional legally applicable
    and effective tariff rate or charges are sought shall not be liable for
    the difference between the carrier's applicable and effective tariff
    rate and the rate originally billed and paid--
                        ``(A) if such person qualifies as a small-business
                    concern under the Small Business Act (15 U.S.C. 631 et
                    seq.),
                        ``(B) if such person is an organization which is
                    described in section 501(c)(3) of the Internal Revenue
                    Code of 1986 and exempt from tax under section 501(a)
                    of such Code, or
                        ``(C) if the cargo involved in the claim is
                    recyclable materials.
                ``(2) Recyclable materials defined.--In this subsection,
            the term `recyclable materials' means waste products for
            recycling or reuse in the furtherance of recognized pollution
            control programs.
    ``Sec. 13709. Additional motor carrier undercharge provisions
        ``(a) Miscellaneous Provisions.--
                ``(1) Information relating to basis of rate.--A motor
            carrier of property (other than a motor carrier providing
            transportation in noncontiguous domestic trade) shall provide
            to the shipper, on request of the shipper, a written or
            electronic copy of the rate, classification, rules, and
            practices, upon which any rate agreed to between the shipper
            and carrier may have been based.
                ``(2) Reasonableness of rates; collecting additional
            charges.--With respect to transportation provided before the
            effective date of this section, when the applicability or
            reasonableness of the rates and related provisions billed by a
            motor carrier is challenged by the person paying the freight
            charges, the Panel shall determine whether such rates and
            provisions are reasonable or applicable based on the record
            before it. In those cases where a motor carrier (other than a
            motor carrier providing transportation of household goods or in
            noncontiguous domestic trade) seeks to collect charges in
            addition to those billed and collected which are contested by
            the payor, the carrier may request that the Panel determine
            whether any additional charges over those billed and collected
            must be paid. A carrier must issue any bill for charges in
            addition to those originally billed within 180 days of the
            receipt of the original bill in order to have the right to
            collect such charges.
                ``(3) Charges before effective date.--With respect to
            transportation provided before the effective date of this
            section, if a shipper seeks to contest the charges originally
            billed or additional charges subsequently billed, the shipper
            may request that the Panel determine whether the charges billed
            must be paid. A shipper must contest the original bill or
            subsequent bill within 180 days of receipt of the bill in order
            to have the right to contest such charges.
                ``(4) Voiding of certain tariffs.--Any tariff on file with
            the Interstate Commerce Commission on August 26, 1994, and not
            required to be filed after that date is null and void beginning
            on that date. Any tariff on file with the Interstate Commerce
            Commission on the effective date of this section and not
            required to be filed after that date is null and void beginning
            on that date.
        ``(b) Resolution of Disputes Over Status of Common Carrier or
    Contract Carrier.--If a motor carrier (other than a motor carrier
    providing transportation of household goods) that was subject to
    jurisdiction under subchapter II of chapter 105, as in effect on the
    day before the effective date of this section, and that had authority
    to provide transportation as both a motor common carrier and a motor
    contract carrier and a dispute arises as to whether certain
    transportation that was provided prior to the effective date of this
    section was provided in its common carrier or contract carrier capacity
    and the parties are not able to resolve the dispute consensually, the
    Panel shall resolve the dispute.
    ``Sec. 13710. Alternative procedure for resolving undercharge disputes
        ``(a) General Rule.--It shall be an unreasonable practice for a
    motor carrier of property (other than a household goods carrier)
    providing transportation that was subject to jurisdiction under
    subchapter II of chapter 105 before the effective date of this section,
    a freight forwarder (other than a household goods freight forwarder),
    or a party representing such a carrier or freight forwarder to attempt
    to charge or to charge for a transportation service the difference
    between the applicable rate that was lawfully in effect pursuant to a
    tariff that was filed in accordance with chapter 107 of this title by
    the carrier or freight forwarder applicable to such transportation
    service and the negotiated rate for such transportation service if the
    carrier or freight forwarder is no longer transporting property between
    places described in section 13501(1) of this title or is transporting
    property between places described in section 13501(1) of this title for
    the purpose of avoiding application of this section.
        ``(b) Jurisdiction of Panel.--
                ``(1) Determination.--The Panel shall have jurisdiction to
            make a determination of whether or not attempting to charge or
            the charging of a rate by a motor carrier or freight forwarder
            or party representing a motor carrier or freight forwarder is
            an unreasonable practice under subsection (a). If the Panel
            determines that attempting to charge or the charging of the
            rate is an unreasonable practice under subsection (a), the
            carrier, freight forwarder, or party may not collect the
            difference described in subsection (a) between the applicable
            rate and the negotiated rate for the transportation service.
                ``(2) Factors to consider.--In making a determination under
            paragraph (1), the Panel shall consider--
                        ``(A) whether the person was offered a
                    transportation rate by the carrier or freight forwarder
                    or party other than that legally on file with the
                    Interstate Commerce Commission at the time of the
                    movement for the transportation service;
                        ``(B) whether the person tendered freight to the
                    carrier or freight forwarder in reasonable reliance
                    upon the offered transportation rate;
                        ``(C) whether the carrier or freight forwarder did
                    not properly or timely file with the Interstate
                    Commerce Commission a tariff providing for such
                    transportation rate or failed to enter into an
                    agreement for contract carriage;
                        ``(D) whether the transportation rate was billed
                    and collected by the carrier or freight forwarder; and
                        ``(E) whether the carrier or freight forwarder or
                    party demands additional payment of a higher rate filed
                    in a tariff.
        ``(c) Stay Of Additional Compensation.--When a person proceeds
    under this section to challenge the reasonableness of the practice of a
    motor carrier, freight forwarder, or party described in subsection (a)
    to attempt to charge or to charge the difference described in
    subsection (a) between the applicable rate and the negotiated rate for
    the transportation service in addition to those charges already billed
    and collected for the transportation service, the person shall not have
    to pay any additional compensation to the carrier, freight forwarder,
    or party until the Panel has made a determination as to the
    reasonableness of the practice as applied to the freight of the person
    against whom the claim is made.
        ``(d) Treatment.--Subsection (a) is an exception to the
    requirements of section 13702 and, for transportation provided before
    the effective date of this section, to the requirements of sections
    10761(a) and 10762, relating to a filed tariff rate and other general
    tariff requirements, as in effect on the day before such effective
    date.
        ``(e) Nonapplicability Of Negotiated Rate Dispute Resolution
    Procedure.--If a person elects to seek enforcement of subsection (a)
    with respect to a rate for a transportation or service, section 13708
    shall not apply to such rate.
        ``(f) Definitions.--In this section, the term ``negotiated rate''
    means a rate, charge, classification, or rule agreed upon by a motor
    carrier or freight forwarder and a shipper through negotiations
    pursuant to which no tariff was lawfully and timely filed and for which
    there is written evidence of such agreement.
    ``Sec. 13711. 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.
    ``Sec. 13712. Food and grocery transportation
        ``(a) Certain Compensation Prohibited.--Notwithstanding any other
    provision of law, it shall not be unlawful for a seller of food and
    grocery products using a uniform zone delivered pricing system to
    compensate a customer who picks up purchased food and grocery products
    at the shipping point of the seller if such compensation is available
    to all customers of the seller on a nondiscriminatory basis and does
    not exceed the actual cost to the seller of delivery to such customer.
        ``(b) Sense of Congress.--It is the sense of the Congress that any
    savings accruing to a customer by reason of compensation permitted by
    subsection (a) of this section should be passed on to the ultimate
    consumer.

                          ``CHAPTER 139--REGISTRATION

    ``Sec.
    ``13901. Requirement for registration.
    ``13902. Registration of motor carriers.
    ``13903. Registration of freight forwarders.
    ``13904. Registration of motor carrier brokers.
    ``13905. Effective periods of registration.
    ``13906. Security of motor carriers, brokers, and freight forwarders.
    ``13907. Household goods agents.
    ``13908. Registration and other reforms.
    ``Sec. 13901. Requirement for registration
        ``A person may provide transportation or service subject to
    jurisdiction under subchapter I or III of chapter 135 or be a broker
    for transportation subject to jurisdiction under subchapter I of that
    chapter, only if the person is registered under this chapter to provide
    the transportation or service.
    ``Sec. 13902. Registration of motor carriers
        ``(a) Motor Carrier Generally.--
                ``(1) In general.--Except as provided in this section, the
            Secretary shall register a person to provide transportation
            subject to jurisdiction under subchapter I of chapter 135 of
            this title as a motor carrier if the Secretary finds that the
            person is willing and able to comply with--
                        ``(A) this part and the applicable regulations of
                    the Secretary and the Panel;
                        ``(B) any safety regulations imposed by the
                    Secretary and the safety fitness requirements
                    established by the Secretary under section 31144; and
                        ``(C) the minimum financial responsibility
                    requirements established by the Secretary pursuant to
                    sections 13906 and 31138.
                ``(2) Consideration of evidence; findings.--The Secretary
            shall consider and, to the extent applicable, make findings on,
            any evidence demonstrating that the registrant is unable to
            comply with the requirements of subparagraph (A), (B), or (C)
            of paragraph (1).
                ``(3) Withholding.--If the Secretary determines that any
            registrant under this section does not meet the requirements of
            paragraph (1), the Secretary shall withhold registration.
                ``(4) Limitation on complaints.--The Secretary may hear a
            complaint from any person concerning a registration under this
            subsection only on the ground that the registrant fails or will
            fail to comply with this part, the applicable regulations of
            the Secretary and the Panel, the safety regulations of the
            Secretary, or the safety fitness or minimum financial
            responsibility requirements of paragraph (1) of this
            subsection.
        ``(b) Motor Carriers of Passengers.--
                ``(1) Intrastate transportation.--A motor carrier of
            passengers that is registered by the Secretary under subsection
            (a) is authorized to provide regular-route transportation
            entirely in one State as a motor carrier of passengers if such
            intrastate transportation is to be provided on a route
    over which the carrier provides interstate transportation of
    passengers.
                ``(2) Preemption regarding certain express service.--No
            State or political subdivision thereof and no interstate agency
            or other political agency of 2 or more States shall enact or
            enforce any law, rule, regulation, standard or other provision
            having the force and effect of law relating to the provision of
            pickup and delivery of express packages, newspapers, or mail in
            a commercial zone if the shipment has had or will have a prior
            or subsequent movement by bus in intrastate commerce and, if a
            city within the commercial zone, is served by a motor carrier
            of passengers providing regular-route transportation of
            passengers subject to jurisdiction under subchapter I of
            chapter 135.
                ``(3) Treatment.--Except as provided in section 14501(a),
            any intrastate transportation authorized by this subsection
            shall be treated as transportation subject to jurisdiction
            under subchapter I of chapter 135 until the 30th day following
            the date on which the motor carrier of passengers first begins
            providing transportation entirely in one State under this
            paragraph and the carrier takes such action as is necessary to
            establish under the laws of such State rates, rules, and
            practices applicable to such transportation.
                ``(4) Special operations.--This subsection shall not apply
            to any regular-route transportation of passengers provided
            entirely in one State which is in the nature of a special
            operation.
                ``(5) Suspension or revocation.--Intrastate transportation
            authorized under this subsection may be suspended or revoked by
            the Secretary under section 13905 of this title at any time.
        ``(c) Restrictions on Motor Carriers Domiciled in or Owned or
    Controlled by Nationals of a Contiguous Foreign Country.--
                ``(1) Prevention of discriminatory practices.--If the
            President, or the delegate thereof, 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 to, from, or within such foreign
            country, the President or such delegate may--
                        ``(A) seek elimination of such practices through
                    consultations; or
                        ``(B) 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.
                ``(2) Equalization of treatment.--Any action taken under
            paragraph (1)(A) 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.
                ``(3) Removal or modification.--The President, or the
            delegate thereof, may remove or modify in whole or in part any
            action taken under paragraph (1)(A) if the President or such
            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.
                ``(4) Protection of existing operations.--Unless and until
            the President, or the delegate thereof, makes a determination
            under paragraph (1) or (3), nothing in this subsection shall
            affect--
                        ``(A) 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 such zones were
                    defined on the day before the effective date of this
                    section; or
                        ``(B) 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.
                ``(5) Publication; comment.--Unless the President, or the
            delegate thereof, determines that expeditious action is
            required, the President shall publish in the Federal Register
            any determination under paragraph (1) or (3), together with a
            description of the facts on which such a determination is based
            and any proposed action to be taken pursuant to paragraph
            (1)(B) or (3) and provide an opportunity for public comment.
                ``(6) Delegation to secretary.--The President may delegate
            any or all authority under this subsection to the Secretary,
            who shall consult with other agencies as appropriate. In
            accordance with the directions of the President, the Secretary
            may issue regulations to enforce this subsection.
                ``(7) Civil actions.--Either the Secretary or the Attorney
            General 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.
                ``(8) Limitation on statutory construction.--This
            subsection shall not be construed as affecting the requirement
            for all foreign motor carriers operating in the United States
            to comply with all applicable laws and regulations pertaining
            to fitness, safety of operations, financial responsibility, and
            taxes imposed by section 4481 of the Internal Revenue Code of
            1986.
    ``Sec. 13903. Registration of freight forwarders
        ``(a) In General.--The Secretary shall register a person to provide
    service subject to jurisdiction under subchapter III of chapter 135 as
    a freight forwarder if the Secretary finds that the person is willing
    and able to provide the service and to comply with this part and
    applicable regulations of the Secretary and the Panel.
        ``(b) Registration as Carrier Required.--The freight forwarder may
    provide transportation as the carrier itself only if the freight
    forwarder also has registered to provide transportation as a carrier
    under this chapter.
    ``Sec. 13904. Registration of motor carrier brokers
        ``(a) In General.--The Secretary shall register, subject to section
    13906(b), a person to be a broker for transportation of property
    subject to jurisdiction under subchapter I of chapter 135, if the
    Secretary finds that the person is willing and able to be a broker for
    transportation and to comply with this part and applicable regulations
    of the Secretary .
        ``(b) Limitation.--
                ``(1) Registration as carrier required.--The broker may
            provide transportation itself only if the broker also has
            registered to provide transportation as a carrier under this
            chapter.
                ``(2) Exception.--This subsection does not apply to a motor
            carrier registered under this chapter or to an employee or
            agent of the motor carrier to the extent the transportation is
            to be provided entirely by the motor carrier, with other
            registered motor carriers, or with rail or water carriers.
        ``(c) Regulations To Protect Shippers.--Regulations of the
    Secretary applicable to brokers registered under this section shall
    provide for the protection of shippers by motor vehicle.
        ``(d) Bond and Insurance.--The Secretary may impose on brokers for
    motor carriers of passengers such requirements for bonds or insurance
    or both as the Secretary determines are needed to protect passengers
    and carriers dealing with such brokers.
    ``Sec. 13905. Effective periods of registration
        ``(a) In General.--Each registration issued under section 13902,
    13903, or 13904 shall be effective from the date specified by the
    Secretary and shall remain in effect, except as otherwise provided in
    this part.
        ``(b) Suspension, Amendments, and Revocations.--On application of
    the registrant, the Secretary may amend or revoke a registration. On
    complaint or on the Secretary's own initiative and after notice and an
    opportunity for a proceeding, the Secretary may suspend, amend, or
    revoke any part of the registration of a motor carrier, broker, or
    freight forwarder for willful failure to comply with this part, an
    applicable regulation or order of the Secretary or of the Panel, or a
    condition of its registration.
        ``(c) Procedure.--Except on application of the registrant, the
    Secretary may revoke a registration of a motor carrier, freight
    forwarder, or broker, only after--
                ``(1) the Secretary has issued an order to the registrant
            under section 14701 requiring compliance with this part, a
            regulation of the Secretary, or a condition of the registration
            of the registrant; and
                ``(2) the registrant willfully does not comply with the
            order for a period of 30 days.
        ``(d) Expedited Procedure.--
                ``(1) Protection of safety.--Without regard to subchapter
            II of chapter 5 of title 5, the Secretary may suspend the
            registration of a motor carrier, a freight forwarder, or a
            broker for failure to comply with safety requirements of the
            Secretary or the safety fitness requirements pursuant to
            section 13904(c), 13906, or 31144, of this title, or an order
            or regulation of the Secretary prescribed under those sections.
                ``(2) Imminent hazard to public health.--Without regard to
            subchapter II of chapter 5 of title 5, the Secretary may
            suspend a registration of a motor carrier of passengers if the
            Secretary finds that such carrier has been conducting unsafe
            operations which are an imminent hazard to public health or
            property.
                ``(3) Notice; period of suspension.--The Secretary may
            suspend under this subsection the registration only after
            giving notice of the suspension to the registrant. The
            suspension remains in effect until the registrant complies with
            those applicable sections or, in the case of a suspension under
            paragraph (2), until the Secretary revokes such suspension.
    ``Sec. 13906. Security of motor carriers, brokers, and freight
                  forwarders
        ``(a) Motor Carrier Requirements.--
                ``(1) Liability insurance requirement.--The Secretary may
            register a motor carrier under section 13902 only if the
            registrant files with the Secretary a bond, insurance policy,
            or other type of security approved by the Secretary, in an
            amount not less than such amount as the Secretary prescribes
            pursuant to, or as is required by, sections 31138 and 31139,
            and the laws of the State or States in which the registrant is
            operating, to the extent applicable. The security must be
            sufficient to pay, not more than the amount of the security,
            for each final judgment against the registrant for
    bodily injury to, or death of, an individual resulting from the
    negligent operation, maintenance, or use of motor vehicles, or for loss
    or damage to property (except property referred to in paragraph (3) of
    this subsection), or both. A registration remains in effect only as
    long as the registrant continues to satisfy the security requirements
    of this paragraph.
                ``(2) Agency requirement.--A motor carrier shall comply
            with the requirements of sections 13303 and 13304. To protect
            the public, the Secretary may require any such motor carrier to
            file the type of security that a motor carrier is required to
            file under paragraph (1) of this subsection. This paragraph
            only applies to a foreign motor private carrier and foreign
            motor carrier operating in the United States to the extent that
            such carrier is providing transportation between places in a
            foreign country or between a place in one foreign country and a
            place in another foreign country.
                ``(3) Transportation insurance.--The Secretary may require
            a registered motor carrier to file with the Secretary a type of
            security sufficient to pay a shipper or consignee for damage to
            property of the shipper or consignee placed in the possession
            of the motor carrier as the result of transportation provided
            under this part. A carrier required by law to pay a shipper or
            consignee for loss, damage, or default for which a connecting
            motor carrier is responsible is subrogated, to the extent of
            the amount paid, to the rights of the shipper or consignee
            under any such security.
        ``(b) Broker Requirements.--The Secretary may register a person as
    a broker under section 13904 only if the person files with the
    Secretary a bond, insurance policy, or other type of security approved
    by the Secretary to ensure that the transportation for which a broker
    arranges is provided. The registration remains in effect only as long
    as the broker continues to satisfy the security requirements of this
    subsection.
        ``(c) Freight Forwarder Requirements.--
                ``(1) Liability insurance.--The Secretary may register a
            person as a freight forwarder under section 13903 of this title
            only if the person files with the Secretary a bond, insurance
            policy, or other type of security approved by the Secretary.
            The security must be sufficient to pay, not more than the
            amount of the security, for each final judgment against the
            freight forwarder for bodily injury to, or death of, an
            individual, or loss of, or damage to, property (other than
            property referred to in paragraph (2) of this subsection),
            resulting from the negligent operation, maintenance, or use of
            motor vehicles by or under the direction and control of the
            freight forwarder when providing transfer, collection, or
            delivery service under this part.
                ``(2) Freight forwarder insurance.--The Secretary may
            require a registered freight forwarder to file with the
            Secretary a bond, insurance policy, or other type of security
            approved by the Secretary sufficient to pay, not more than the
            amount of the security, for loss of, or damage to, property for
            which the freight forwarder provides service.
                ``(3) Effective period.--The freight forwarder's
            registration remains in effect only as long as the freight
            forwarder continues to satisfy the security requirements of
            this subsection.
        ``(d) Type of Insurance.--The Secretary may determine the type and
    amount of security filed under this section. A motor carrier may submit
    proof of qualifications as a self-insurer to satisfy the security
    requirements of this section. The Secretary shall adopt regulations
    governing the standards for approval as a self-insurer. Motor carriers
    which have been granted authority to self-insure as of the effective
    date of this section shall retain that authority unless, for good cause
    shown and after notice and an opportunity for a hearing, the Secretary
    finds that the authority must be revoked.
        ``(e) Notice of Cancellation of Insurance.--The Secretary shall
    issue regulations requiring the submission to the Secretary of notices
    of insurance cancellation sufficiently in advance of actual
    cancellation so as to enable the Secretary to promptly revoke the
    registration of any carrier or broker after the effective date of the
    cancellation.
        ``(f) Form of Endorsement.--The Secretary shall also prescribe the
    appropriate form of endorsement to be appended to policies of insurance
    and surety bonds which will subject the insurance policy or surety bond
    to the full security limits of the coverage required under this
    section.
    ``Sec. 13907. Household goods agents
        ``(a) Carriers Responsible for Agents.--Each motor carrier
    providing transportation of household goods subject to jurisdiction
    under subchapter I of chapter 135 shall be responsible for all acts or
    omissions of any of its agents which relate to the performance of
    household goods transportation services (including accessorial or
    terminal services) subject to jurisdiction under subchapter I of
    chapter 135 and which are within the actual or apparent authority of
    the agent from the carrier or which are ratified by the carrier.
        ``(b) Standard for Selecting Agents.--Each motor carrier providing
    transportation of household goods subject to jurisdiction under
    subchapter I of chapter 135 shall use due diligence and reasonable care
    in selecting and maintaining agents who are sufficiently knowledgeable,
    fit, willing, and able to provide adequate household goods
    transportation services (including accessorial and terminal services)
    and to fulfill the obligations imposed upon them by this part and by
    such carrier.
        ``(c) Enforcement.--
                ``(1) Complaint.--Whenever the Secretary has reason to
            believe from a complaint or investigation that an agent
            providing household goods transportation services (including
            accessorial and terminal services) under the authority of a
            motor carrier providing transportation of household goods
            subject to jurisdiction under subchapter I of chapter 135 has
            violated section 14901(e) or 14912 or is consistently not fit,
            willing, and able to provide adequate household goods
            transportation services (including accessorial and terminal
            services), the Secretary may issue to such agent a complaint
            stating the charges and containing notice of the time and place
            of a hearing which shall be held no later than 60 days after
            service of the complaint to such agent.
                ``(2) Right to defend.--The agent shall have the right to
            appear at such hearing and rebut the charges contained in the
            complaint.
                ``(3) Order.--If the agent does not appear at the hearing
            or if the Secretary finds that the agent has violated section
            14901(e) or 14912 or is consistently not fit, willing, and able
            to provide adequate household goods transportation services
            (including accessorial and terminal services), the Secretary
            may issue an order to compel compliance with the requirement
            that the agent be fit, willing, and able. Thereafter, the
            Secretary may issue an order to limit, condition, or prohibit
            such agent from any involvement in the transportation or
            provision of services incidental to the transportation of
            household goods subject to jurisdiction under subchapter I of
            chapter 135 if, after notice and an opportunity for a hearing,
            the Secretary finds that such agent, within a reasonable time
            after the date of issuance of a compliance order under this
            section, but in no event less than 30 days after such date of
            issuance, has willfully failed to comply with such order.
                ``(4) Hearing.--Upon filing of a petition with the
            Secretary by an agent who is the subject of an order issued
            pursuant to the second sentence of paragraph (3) of this
            subsection and after notice, a hearing shall be held with an
            opportunity to be heard. At such hearing, a determination shall
            be made whether the order issued pursuant to paragraph (3) of
            this subsection should be rescinded.
                ``(5) Court review.--Any agent adversely affected or
            aggrieved by an order of the Secretary issued under this
            subsection may seek relief in the appropriate United States
            court of appeals as provided by and in the manner prescribed in
            chapter 158 of title 28, United States Code.
        ``(d) Limitation on Applicability of Antitrust Laws.--
                ``(1) In general.--The antitrust laws, as defined in the
            first section of the Clayton Act (15 U.S.C. 12), do not apply
            to discussions or agreements between a motor carrier providing
            transportation of household goods subject to jurisdiction under
            subchapter I of chapter 135 and its agents (whether or not an
            agent is also a carrier) related solely to--
                        ``(A) rates for the transportation of household
                    goods under the authority of the principal carrier;
                        ``(B) accessorial, terminal, storage, or other
                    charges for services incidental to the transportation
                    of household goods transported under the authority of
                    the principal carrier;
                        ``(C) allowances relating to transportation of
                    household goods under the authority of the principal
                    carrier; and
                        ``(D) ownership of a motor carrier providing
                    transportation of household goods subject to
                    jurisdiction under subchapter I of chapter 135 by an
                    agent or membership on the board of directors of any
                    such motor carrier by an agent.
                ``(2) Panel review.--The Panel, upon its own initiative or
            request, shall review any activities undertaken under paragraph
            (1) and shall modify or terminate the activity if necessary to
            protect the public interest.
    ``Sec. 13908. Registration and other reforms
        ``(a) Regulations Replacing Certain Programs.--The Secretary, in
    cooperation with the States, shall issue regulations to replace the
    current Department of Transportation identification number system, the
    single State registration system under section 14504, the registration
    system contained in chapter 139, and the financial responsibility
    information system under section 13906 with a single system. The new
    system shall serve as a clearinghouse and depository of information on
    and identification of all foreign and domestic motor carriers, brokers,
    freight forwarders, and others required to register with the Department
    as well as information on safety fitness and compliance with required
    levels of financial responsibility.
        ``(b) Factors To Be Considered.--In conducting the rulemaking under
    subsection (a) with respect to the single State registration system
    under section 14504, the Secretary shall, at a minimum, consider the
    following factors:
                ``(1) Funding for State enforcement of motor carrier safety
            regulations.
                ``(2) Whether the existing single State registration system
            is duplicative and burdensome.
                ``(3) The justification and need for collecting the
            statutory fee for such system under section 14504(c)(2)(B)(iv).
                ``(4) The public safety.
                ``(5) The efficient delivery of transportation services.
        ``(c) Fee System.--The Secretary may establish fees as part of any
    system implemented under subsection (a). The system operation and
    upgrade, including all personnel costs associated with the system,
    shall be fully supported by user fees collected.
        ``(d) Deadline for Conclusion; Modifications.--Not later than 18
    months after the effective date of this section, the Secretary--
                ``(1) shall conclude the rulemaking under this section;
                ``(2) may implement such changes under this section as the
            Secretary considers appropriate and in the public interest; and
                ``(3) shall transmit to Congress a report on any findings
            of the rulemaking and the changes being implemented under this
            section, together with such recommendations for legislative
            language necessary to conform this part to such changes.

                     ``CHAPTER 141--OPERATIONS OF CARRIERS

                      ``SUBCHAPTER I--GENERAL REQUIREMENTS

    ``Sec.
    ``14101. Providing transportation and service.
    ``14102. Leased motor vehicles.
    ``14103. Loading and unloading motor vehicles.
    ``14104. Household goods carrier operations.
                      ``SUBCHAPTER II--REPORTS AND RECORDS

    ``14121. Definitions.
    ``14122. Records: form; inspection; preservation.
    ``14123. Financial reporting.

                      ``SUBCHAPTER I--GENERAL REQUIREMENTS

    ``Sec. 14101. Providing transportation and service
        ``(a) On Reasonable Request.--A carrier providing transportation or
    service subject to jurisdiction under chapter 135 shall provide the
    transportation or service on reasonable request. In addition, a motor
    carrier shall provide safe and adequate service, equipment, and
    facilities.
        ``(b) Contracts With Shippers.--
                ``(1) In general.--A carrier providing transportation or
            service subject to jurisdiction under chapter 135 may enter
            into a contract with a shipper, other than for the movement of
            household goods described in section 13102(9)(A), to provide
            specified services under specified rates and conditions. If the
            shipper, in writing, expressly waives all rights and remedies
            under this part for the transportation covered by the contract,
            the transportation provided under the contract shall not be
            subject to this part and may not be subsequently challenged on
            the ground that it violates a provision of this part.
                ``(2) Remedy for breach of contract.--The exclusive remedy
            for any alleged breach of a contract entered into under this
            subsection shall be an action in an appropriate State court or
            United States district court, unless the parties otherwise
            agree.
    ``Sec. 14102. Leased motor vehicles
        ``(a) General Authority of Secretary.--The Secretary may require a
    motor carrier providing transportation subject to jurisdiction under
    subchapter I of chapter 135 that uses motor vehicles not owned by it to
    transport property under an arrangement with another party to--
                ``(1) make the arrangement in writing signed by the parties
            specifying its duration and the compensation to be paid by the
            motor carrier;
                ``(2) carry a copy of the arrangement in each motor vehicle
            to which it applies during the period the arrangement is in
            effect;
                ``(3) inspect the motor vehicles and obtain liability and
            cargo insurance on them; and
                ``(4) have control of and be responsible for operating
            those motor vehicles in compliance with requirements prescribed
            by the Secretary on safety of operations and equipment, and
            with other applicable law as if the motor vehicles were owned
            by the motor carrier.
        ``(b) Responsible Party for Loading and Unloading.--The Secretary
    shall require, by regulation, that any arrangement, between a motor
    carrier of property providing transportation subject to jurisdiction
    under subchapter I of chapter 135 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 shall specify, in writing, who
    is responsible for loading and unloading the property onto and from the
    motor vehicle.
    ``Sec. 14103. Loading and unloading motor vehicles
        ``(a) Shipper Responsible for Assisting.--Whenever a shipper or
    receiver of property requires that any person who owns or operates a
    motor vehicle transporting property in interstate commerce (whether or
    not such transportation is subject to jurisdiction under subchapter I
    of chapter 135) be assisted in the loading or unloading of such
    vehicle, the shipper or receiver shall be responsible for providing
    such assistance or shall compensate the owner or operator for all costs
    associated with securing and compensating the person or persons
    providing such assistance.
        ``(b) Coercion Prohibited.--It shall be unlawful to coerce or
    attempt to coerce any person providing transportation of property by
    motor vehicle for compensation in interstate commerce (whether or not
    such transportation is subject to jurisdiction under subchapter I of
    chapter 135) to load or unload any part of such property onto or from
    such vehicle or to employ or pay one or more persons to load or unload
    any part of such property onto or from such vehicle; except that this
    subsection shall not be construed as making unlawful any activity which
    is not unlawful under the National Labor Relations Act or the Act of
    March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as
    the Norris-LaGuardia Act.
    ``Sec. 14104. Household goods carrier operations
        ``(a) General Regulatory Authority.--
                ``(1) Paperwork minimization.--The Secretary may issue
            regulations, including regulations protecting individual
            shippers, in order to carry out this part with respect to the
            transportation of household goods by motor carriers subject to
            jurisdiction under subchapter I of chapter 135. The regulations
            and paperwork required of motor carriers providing
            transportation of household goods shall be minimized to the
            maximum extent feasible consistent with the protection of
            individual shippers.
                ``(2) Performance standards.--
                        ``(A) In general.--Regulations of the Secretary
                    protecting individual shippers shall include, where
                    appropriate, reasonable performance standards for the
                    transportation of household goods subject to
                    jurisdiction under subchapter I of chapter 135.
                        ``(B) Factors to consider.--In establishing
                    performance standards under this paragraph, the
                    Secretary shall take into account at least the
                    following:
                                ``(i) the level of performance that can be
                            achieved by a well-managed motor carrier
                            transporting household goods;
                                ``(ii) the degree of harm to individual
                            shippers which could result from a violation of
                            the regulation;
                                ``(iii) the need to set the level of
                            performance at a level sufficient to deter
                            abuses which result in harm to consumers and
                            violations of regulations;
                                ``(iv) service requirements of the
                            carriers;
                                ``(v) the cost of compliance in relation to
                            the consumer benefits to be achieved from such
                            compliance; and
                                ``(vi) the need to set the level of
                            performance at a level designed to encourage
                            carriers to offer service responsive to shipper
                            needs.
                ``(3) Limitations on statutory construction.--Nothing in
            this section shall be construed to limit the Secretary's
            authority to require reports from motor carriers providing
            transportation of household goods or to require such carriers
            to provide specified information to consumers concerning their
            past performance.
        ``(b) Estimates.--
                ``(1) Authority to provide without compensation.--Every
            motor carrier providing transportation of household goods
            subject to jurisdiction under subchapter I of chapter 135, upon
            request of a prospective shipper, may provide the shipper with
            an estimate of charges for transportation of household goods
            and for the proposed services. The Secretary shall not prohibit
            any such carrier from charging a prospective shipper for
            providing a written, binding estimate for the transportation
            and proposed services.
                ``(2) Applicability of antitrust laws.--Any charge for an
            estimate of charges provided by a motor carrier to a shipper
            for transportation of household goods subject to jurisdiction
            under subchapter I of chapter 135 shall be subject to the
            antitrust laws, as defined in the first section of the Clayton
            Act (15 U.S.C. 12).
        ``(c) Flexibility in Weighing Shipments.--The Secretary shall issue
    regulations that provide motor carriers providing transportation of
    household goods subject to jurisdiction under subchapter I of chapter
    135 with the maximum possible flexibility in weighing shipments,
    consistent with assurance to the shipper of accurate weighing
    practices. The Secretary shall not prohibit such carriers from
    backweighing shipments or from basing their charges on the reweigh
    weights if the shipper observes both the tare and gross weighings (or,
    prior to such weighings, waives in writing the opportunity to observe
    such weighings) and such weighings are performed on the same scale.

                      ``SUBCHAPTER II--REPORTS AND RECORDS

    ``Sec. 14121. Definitions
        ``In this subchapter, the following definitions apply:
                ``(1) Carrier and broker.--The terms `carrier' and `broker'
            include a receiver or trustee of a carrier and broker,
            respectively.
                ``(2) Association.--The term `association' means an
            organization maintained by or in the interest of a group of
            carriers or brokers providing transportation or service subject
            to jurisdiction under chapter 135 that performs a service, or
            engages in activities, related to transportation under this
            part.
    ``Sec. 14122. Records: form; inspection; preservation
        ``(a) Form of Records.--The Secretary or the Panel, as applicable,
    may prescribe the form of records required to be prepared or compiled
    under this subchapter by carriers and brokers, including records
    related to movement of traffic and receipts and expenditures of money.
        ``(b) Right of Inspection.--The Secretary or Panel, or an employee
    designated by the Secretary or Panel, may on demand and display of
    proper credentials--
                ``(1) inspect and examine the lands, buildings, and
            equipment of a carrier or broker; and
                ``(2) inspect and copy any record of--
                        ``(A) a carrier, broker, or association; and
                        ``(B) a person controlling, controlled by, or under
                    common control with a carrier if the Secretary or
                    Panel, as applicable, considers inspection relevant to
                    that person's relation to, or transaction with, that
                    carrier.
        ``(c) Period for Preservation of Records.--The Secretary or Panel,
    as applicable, may prescribe the time period during which operating,
    accounting, and financial records must be preserved by carriers.
    ``Sec. 14123. Financial reporting
        [To be supplied]

                             ``CHAPTER 143--FINANCE

    ``Sec.
    ``14301. Security interests in certain motor vehicles.
    ``14302. Pooling and division of transportation or earnings.
    ``Sec. 14301. Security interests in certain motor vehicles
        ``(a) Definitions.--In this section, the following definitions
    apply:
                ``(1) Motor vehicle.--The term `motor vehicle' means a
            truck of rated capacity (gross vehicle weight) of at least
            10,000 pounds, a highway tractor of rated capacity (gross
            combination weight) of at least 10,000 pounds, a property-
            carrying trailer or semitrailer with at least one load-carrying
            axle of at least 10,000 pounds, or a motor bus with a seating
            capacity of at least 10 individuals.
                ``(2) Lien creditor.--The term `lien creditor' means a
            creditor having a lien on a motor vehicle and includes an
            assignee for benefit of creditors from the date of assignment,
            a trustee in a case under title 11 from the date of filing of
            the petition in that case, and a receiver in equity from the
            date of appointment of the receiver.
                ``(3) Security interest.--The term `security interest'
            means an interest (including an interest established by a
            conditional sales contract, mortgage, equipment trust, or other
            lien or title retention contract, or lease) in a motor vehicle
            when the interest secures payment or performance of an
            obligation.
                ``(4) Perfection.--The term `perfection', as related to a
            security interest, means taking action (including public
            filing, recording, notation on a certificate of title, and
            possession of collateral by the secured party), or the
            existence of facts, required under law to make a security
            interest enforceable against general creditors and subsequent
            lien creditors of a debtor, but does not include compliance
            with requirements related only to the establishment of a valid
            security interest between the debtor and the secured party.
        ``(b) Requirements for Perfection of Security Interest.--A security
    interest in a motor vehicle owned by, or in the possession and use of,
    a carrier registered under section 13902 of this title and owing
    payment or performance of an obligation secured by that security
    interest is perfected in all jurisdictions against all general, and
    subsequent lien, creditors of, and all persons taking a motor vehicle
    by sale (or taking or retaining a security interest in a motor vehicle)
    from, that carrier when--
                ``(1) a certificate of title is issued for a motor vehicle
            under a law of a jurisdiction that requires or permits
            indication, on a certificate or title, of a security interest
            in the motor vehicle if the security interest is indicated on
            the certificate;
                ``(2) a certificate of title has not been issued and the
            law of the State where the principal place of business of that
            carrier is located requires or permits public filing or
            recording of, or in relation to, that security interest if
            there has been such a public filing or recording; and
                ``(3) a certificate of title has not been issued and the
            security interest cannot be perfected under paragraph (2) of
            this subsection, if the security interest has been perfected
            under the law (including the conflict of laws rules) of the
            State where the principal place of business of that carrier is
            located.
    ``Sec. 14302. Pooling and division of transportation or earnings
        ``(a) Approval Required.--A carrier providing transportation
    subject to jurisdiction under subchapter I of chapter 135 of this title
    may not agree or combine with another such carrier to pool or divide
    traffic or services or any part of their earnings without the approval
    of the Panel under this section.
        ``(b) Standards for Approval.--The Panel may approve and authorize
    an agreement or combination between or among motor carriers of
    passengers, or between a motor carrier of passengers and a rail carrier
    of passengers if the carriers involved assent to the pooling or
    division and the Panel finds that a pooling or division of traffic,
    services, or earnings--
                ``(1) will be in the interest of better service to the
            public or of economy of operation; and
                ``(2) will not unreasonably restrain competition.
        ``(c) Procedure.--
                ``(1) Application.--Any motor carrier of property may apply
            to the Panel for approval of an agreement or combination with
            another such carrier to pool or divide traffic or any services
            or any part of their earnings by filing such agreement or
            combination with the Panel not less than 50 days before its
            effective date.
                ``(2) Determination of importance and restraint on
            competition.--Prior to the effective date of the agreement or
            combination, the Panel shall determine whether the agreement or
            combination is of major transportation importance and whether
            there is substantial likelihood that the agreement or
            combination will unduly restrain competition. If the Panel
            determines that neither of these 2 factors exists, it shall,
            prior to such effective date and without a hearing, approve and
            authorize the agreement or combination, under such rules and
            regulations as the Panel may issue, and for such consideration
            between such carriers and upon such terms and conditions as
            shall be found by the Panel to be just and reasonable.
                ``(3) Hearing.--If the Panel determines either that the
            agreement or combination is of major transportation importance
            or that there is substantial likelihood that the agreement or
            combination will unduly restrain competition, the Panel shall
            hold a hearing concerning whether the agreement or combination
            will be in the interest of better service to the public or of
            economy in operation and whether it will unduly restrain
            competition and shall suspend operation of such agreement or
            combination pending such hearing and final decision thereon.
            After such hearing, the Panel shall indicate to what extent it
            finds that the agreement or combination will be in the interest
            of better service to the public or of economy in operation and
            will not unduly restrain competition and if assented to by all
            the carriers involved, shall to that extent, approve and
            authorize the agreement or combination, under such rules and
    regulations as the Panel may issue, and for such consideration between
    such carriers and upon such terms and conditions as shall be found by
    the Panel to be just and reasonable.
                ``(4) Special rules for household goods carriers.--In the
            case of an application for Panel approval of an agreement or
            combination between a motor carrier providing transportation of
            household goods and its agents to pool or divide traffic or
            services or any part of their earnings, such agreement or
            combination shall be presumed to be in the interest of better
            service to the public and of economy in operation and not to
            restrain competition unduly if the practices proposed to be
            carried out under such agreement or combination are the same as
            or similar to practices carried out under agreements and
            combinations between motor carriers providing transportation of
            household goods to pool or divide traffic or service of any
            part of their earnings approved by the Interstate Commerce
            Commission before the effective date of this section.
                ``(5) Streamlining and simplifying.--The Panel shall
            streamline, simplify, and expedite, to the maximum extent
            practicable, the process (including any paperwork) for
            submission and approval of applications under this section for
            agreements and combinations between motor carriers providing
            transportation of household goods and their agents.
        ``(d) Conditions.--The Panel may impose conditions governing the
    pooling or division and may approve and authorize payment of a
    reasonable consideration between the carriers.
        ``(e) Initiation of Proceeding.--The Panel may begin a proceeding
    under this section on its own initiative or on application.
        ``(f) Effect of Approval.--A carrier may participate in an
    arrangement approved by or exempted by the Panel under this section
    without the approval of any other Federal, State, or municipal body. A
    carrier participating in an approved or exempted arrangement is exempt
    from the antitrust laws and from all other law, including State and
    municipal law, as necessary to let that person carry out the
    arrangement.

                     ``CHAPTER 145--FEDERAL-STATE RELATIONS

    ``Sec.
    ``14501. Federal authority over intrastate transportation.
    ``14502. Tax discrimination against motor carrier transportation
                                property.
    ``14503. Withholding State and local income tax by certain carriers.
    ``14504. Registration of motor carriers by a State.
    ``14505. State tax.
    ``Sec. 14501. Federal authority over intrastate transportation
        ``(a) Motor Carriers of Passengers.--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 scheduling of interstate or intrastate transportation
    (including discontinuance or reduction in the level of service)
    provided by motor carrier of passengers subject to jurisdiction under
    subchapter I of chapter 135 of this title on an interstate route or
    relating to the implementation of any change in the rates for such
    transportation or for any charter transportation except to the extent
    that notice, not in excess of 30 days, of changes in schedules may be
    required. This subsection shall not apply to intrastate commuter bus
    operations.
        ``(b) Freight Forwarders and Brokers.--
                ``(1) General rule.--Subject to paragraph (2) of this
            subsection, no State or political subdivision thereof and no
            intrastate 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 intrastate rates, intrastate routes, or intrastate
            services of any freight forwarder or broker.
                ``(2) Continuation of hawaii's authority.--Nothing in this
            subsection and the amendments made by the Surface Freight
            Forwarder Deregulation Act of 1986 shall be construed to affect
            the authority of the State of Hawaii to continue to regulate a
            motor carrier operating within the State of Hawaii.
        ``(c) Motor Carriers of Property.--
                ``(1) General rule.--Except as provided in paragraphs (2)
            and (3), a State, political subdivision of a State, or
            political authority of 2 or more States may not enact or
            enforce a law, regulation, or other provision having the force
            and effect of law related to a price, route, or service of any
            motor carrier (other than a carrier affiliated with a direct
            air carrier covered by section 41713(b)(4)) or any motor
            private carrier, broker, or freight forwarder with respect to
            the transportation of property.
                ``(2) Matters not covered.--Paragraph (1)--
                        ``(A) shall not restrict the safety regulatory
                    authority of a State with respect to motor vehicles,
                    the authority of a State to impose highway route
                    controls or limitations based on the size or weight of
                    the motor vehicle or the hazardous nature of the cargo,
                    or the authority of a State to regulate motor carriers
                    with regard to minimum amounts of financial
                    responsibility relating to insurance requirements and
                    self-insurance authorization;
                        ``(B) does not apply to the transportation of
                    household goods; and
                        ``(C) does not apply to the authority of a State or
                    a political subdivision of a State to enact or enforce
                    a law, regulation, or other provision relating to the
                    price of for-hire motor vehicle transportation by a tow
                    truck, if such transportation is performed--
                                ``(i) at the request of a law enforcement
                            officer; or
                                ``(ii) without the prior consent or
                            authorization of the owner or operator of the
                            motor vehicle.
                ``(3) State standard transportation practices.--
                        ``(A) Continuation.--Paragraph (1) shall not affect
                    any authority of a State, political subdivision of a
                    State, or political authority of 2 or more States to
                    enact or enforce a law, regulation, or other provision,
                    with respect to the intrastate transportation of
    property by motor carriers, related to--
                                ``(i) uniform cargo liability rules,
                                ``(ii) uniform bills of lading or receipts
                            for property being transported,
                                ``(iii) uniform cargo credit rules, or
                                ``(iv) antitrust immunity for joint line
                            rates or routes, classifications, and mileage
                            guides,
                    if such law, regulation, or provision meets the
                    requirements of subparagraph (B).
                        ``(B) Requirements.--A law, regulation, or
                    provision of a State, political subdivision, or
                    political authority meets the requirements of this
                    subparagraph if--
                                ``(i) the law, regulation, or provision
                            covers the same subject matter as, and
                            compliance with such law, regulation, or
                            provision is no more burdensome than compliance
                            with, a provision of this part or a regulation
                            issued by the Secretary or the Panel under this
                            part; and
                                ``(ii) the law, regulation, or provision
                            only applies to a carrier upon request of such
                            carrier.
                        ``(C) Election.--Notwithstanding any other
                    provision of law, a carrier affiliated with a direct
                    air carrier through common controlling ownership may
                    elect to be subject to a law, regulation, or provision
                    of a State, political subdivision, or political
                    authority under this paragraph.
                ``(4) This subsection shall not apply with respect to the
            State of Hawaii until August 22, 1997.
    ``Sec. 14502. Tax discrimination against motor carrier transportation
                  property
        ``(a) Definitions.--In this section, the following definitions
    apply:
                ``(1) Assessment.--The term `assessment' means valuation
            for a property tax levied by a taxing district.
                ``(2) Assessment jurisdiction.--The term `assessment
            jurisdiction' means a geographical area in a State used in
            determining the assessed value of property for ad valorem
            taxation.
                ``(3) Motor carrier transportation property.--The term
            `motor carrier transportation property' means property, as
            defined by the Secretary, owned or used by a motor carrier
            providing transportation in interstate commerce whether or not
            such transportation is subject to jurisdiction under subchapter
            I of chapter 135.
                ``(4) Commercial and industrial property.--The term
            `commercial and industrial property' means property, other than
            transportation property and land used primarily for
            agricultural purposes or timber growing, devoted to a
            commercial or industrial use, and subject to a property tax
            levy.
        ``(b) Acts Burdening Interstate Commerce.--The following acts
    unreasonably burden and discriminate against interstate commerce and a
    State, subdivision of a State, or authority acting for a State or
    subdivision of a State may not do any of them:
                ``(1) Excessive valuation of property.--Assess motor
            carrier transportation property at a value that has a higher
            ratio to the true market value of the motor carrier
            transportation property than the ratio that the assessed value
            of other commercial and industrial property in the same
            assessment jurisdiction has to the true market value of the
            other commercial and industrial property.
                ``(2) Tax on assessment.--Levy or collect a tax on an
            assessment that may not be made under paragraph (1).
                ``(3) Ad valorem tax.--Levy or collect an ad valorem
            property tax on motor carrier transportation property at a tax
            rate that exceeds the tax rate applicable to commercial and
            industrial property in the same assessment jurisdiction.
        ``(c) Jurisdiction.--
                ``(1) In general.--Notwithstanding section 1341 of title 28
            and without regard to the amount in controversy or citizenship
            of the parties, a district court of the United States has
            jurisdiction, concurrent with other jurisdiction of courts of
            the United States and the States, to prevent a violation of
            subsection (b) of this section.
                ``(2) Limitation in relief.--Relief may be granted under
            this subsection only if the ratio of assessed value to true
            market value of motor carrier transportation property exceeds
            by at least 5 percent, the ratio of assessed value to true
            market value of other commercial and industrial property in the
            same assessment jurisdiction.
                ``(3) Burden of proof.--The burden of proof in determining
            assessed value and true market value is governed by State law.
                ``(4) Violation.--If the ratio of the assessed value of
            other commercial and industrial property in the assessment
            jurisdiction to the true market value of all other commercial
            and industrial property cannot be determined to the
            satisfaction of the district court through the random-sampling
            method known as a sales assessment ratio study (to be carried
            out under statistical principles applicable to such a study),
            the court shall find, as a violation of this section--
                        ``(A) an assessment of the motor carrier
                    transportation property at a value that has a higher
                    ratio to the true market value of the motor carrier
                    transportation property than the assessment value of
                    all other property subject to a property tax levy in
                    the assessment jurisdiction has to the true market
                    value of all such other property; and
                        ``(B) the collection of ad valorem property tax on
                    the motor carrier transportation property at a tax rate
                    that exceeds the tax ratio rate applicable to taxable
                    property in the taxing district.
    ``Sec. 14503. Withholding State and local income tax by certain
                  carriers
        ``(a) Single State Tax Withholding.--
                ``(1) In general.--No part of the compensation paid by a
            motor carrier providing transportation subject to jurisdiction
            under subchapter I of chapter 135 or by a motor private carrier
            to an employee who performs regularly assigned duties in 2 or
            more States as such an employee with respect to a motor vehicle
            shall be subject to the income tax laws of any State or
            subdivision of that State, other than the State or subdivision
            thereof of the employee's residence.
                ``(2) Employee defined.--In this subsection, the term
            `employee' has the meaning given such term in section 31132.
        ``(b) Special Rules.--
                ``(1) Calculation of earnings.--In this subsection, an
            employee is deemed to have earned more than 50 percent of pay
            in a State or subdivision of that State in which the time
            worked by the employee in the State or subdivision is more than
            50 percent of the total time worked by the employee while
            employed during the calendar year.
                ``(2) Water carriers.--A water carrier providing
            transportation subject to jurisdiction under subchapter II of
            chapter 135 shall file income tax information returns and other
            reports only with--
                        ``(A) the State and subdivision of residence of the
                    employee (as shown on the employment records of the
                    carrier); and
                        ``(B) the State and subdivision in which the
                    employee earned more than 50 percent of the pay
                    received by the employee from the carrier during the
                    preceding calendar year.
                ``(3) Applicability to sailors.--This subsection applies to
            pay of a master, officer, or sailor who is a member of the crew
            on a vessel engaged in foreign, coastwise, intercoastal, or
            noncontiguous trade or in the fisheries of the United States.
        ``(c) Filing of Information.--A motor and motor private carrier
    withholding pay from an employee under subsection (a) of this section
    shall file income tax information returns and other reports only with
    the State and subdivision of residence of the employee.
    ``Sec. 14504. Registration of motor carriers by a State
        ``(a) Definitions.--In this section, the terms `standards' and
    `amendments to standards' mean the specification of forms and
    procedures required by regulations of the Secretary to prove the
    lawfulness of transportation by motor carrier referred to in section
    13501.
        ``(b) General Rule.--The requirement of a State that a motor
    carrier, providing transportation subject to jurisdiction under
    subchapter I of chapter 135 and providing transportation in that State,
    must register with the State is not an unreasonable burden on
    transportation referred to in section 13501 when the State registration
    is completed under standards of the Secretary under subsection (c).
    When a State registration requirement imposes obligations in excess of
    the standards of the Secretary, the part in excess is an unreasonable
    burden.
        ``(c) Single State Registration System.--
                ``(1) In general.--The Secretary shall maintain standards
            for implementing a system under which--
                        ``(A) a motor carrier is required to register
                    annually with only one State by providing evidence of
                    its Federal registration under chapter 139;
                        ``(B) the State of registration shall fully comply
                    with standards prescribed under this section; and
                        ``(C) such single State registration shall be
                    deemed to satisfy the registration requirements of all
                    other States.
                ``(2) Specific requirements.--
                        ``(A) Evidence of federal registration; proof of
                    insurance; payment of fees.--Under the standards of the
                    Secretary implementing the single State registration
                    system described in paragraph (1) of this subsection,
                    only a State acting in its capacity as registration
                    State under such single State system may require a
                    motor carrier registered by the Secretary under this
                    part--
                                ``(i) to file and maintain evidence of such
                            Federal registration;
                                ``(ii) to file satisfactory proof of
                            required insurance or qualification as a self-
                            insurer;
                                ``(iii) to pay directly to such State fee
                            amounts in accordance with the fee system
                            established under subparagraph (B)(iv) of this
                            paragraph, subject to allocation of fee
                            revenues among all States in which the carrier
                            operates and which participate in the single
                            State registration system; and
                                ``(iv) to file the name of a local agent
                            for service of process.
                        ``(B) Receipts; fee system.--The standards of the
                    Secretary--
                                ``(i) shall require that the registration
                            State issue a receipt, in a form prescribed
                            under the standards, reflecting that the
                            carrier has filed proof of insurance as
                            provided under subparagraph (A)(ii) of this
                            paragraph and has paid fee amounts in
                            accordance with the fee system established
                            under clause (iv) of this subparagraph;
                                ``(ii) shall require that copies of the
                            receipt issued under clause (i) of this
                            subparagraph be kept in each of the carrier's
                            commercial motor vehicles;
                                ``(iii) shall not require decals, stamps,
                            cab cards, or any other means of registering or
                            identifying specific vehicles operated by the
                            carrier;
                                ``(iv) shall establish a fee system for the
                            filing of proof of insurance as provided under
                            subparagraph (A)(ii) of this paragraph that--
                                        ``(I) will be based on the number
                                    of commercial motor vehicles the
                                    carrier operates in a State and on the
                                    number of States in which the carrier
                                    operates;
                                        ``(II) will minimize the costs of
                                    complying with the registration system;
                                    and
                                        ``(III) will result in a fee for
                                    each participating State that is equal
                                    to the fee, not to exceed $10 per
                                    vehicle, that such State collected or
                                    charged as of November 15, 1991; and
                                ``(v) shall not authorize the charging or
                            collection of any fee for filing and
                            maintaining a certificate or permit under
                            subparagraph (A)(i) of this paragraph.
                        ``(C) Prohibited fees.--The charging or collection
                    of any fee under this section that is not in accordance
                    with the fee system established under subparagraph
                    (B)(iv) of this paragraph shall be deemed to be a
                    burden on interstate commerce.
                        ``(D) Limitation on participation by states.--Only
                    a State which, as of January 1, 1991, charged or
                    collected a fee for a vehicle identification stamp or
                    number under part 1023 of title 49, Code of Federal
                    Regulations, shall be eligible to participate as a
                    registration State under this subsection or to receive
                    any fee revenue under this subsection.
    ``Sec. 14505. State tax
        ``A State or political subdivision thereof may not collect or levy
    a tax, fee, head charge, or other charge on--
                ``(1) a passenger traveling in interstate commerce by motor
            carrier;
                ``(2) the transportation of a passenger traveling in
            interstate commerce by motor carrier;
                ``(3) the sale of passenger transportation in interstate
            commerce by motor carrier; or
                ``(4) the gross receipts derived from such transportation.

          ``CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

    ``Sec.
    ``14701. General authority.
    ``14702. Enforcement by the regulatory authority.
    ``14703. Enforcement by the Attorney General.
    ``14704. Rights and remedies of persons injured by carriers or brokers.
    ``14705. Limitation on actions by and against carriers.
    ``14706. Liability of carriers under receipts and bills of lading.
    ``14707. Private enforcement of registration requirement.
    ``14708. Dispute settlement program for household goods carriers.
    ``14709. Tariff reconciliation rules for motor carriers of property.
    ``Sec. 14701. General authority
        ``(a) Investigations.--The Secretary or the Panel, as applicable,
    may begin an investigation under this part on the Secretary's or the
    Panel's own initiative or on complaint. If the Secretary or Panel, as
    applicable finds that a carrier or broker is violating this part, the
    Secretary or Panel, as applicable, shall take appropriate action to
    compel compliance with this part. If the Secretary finds that a foreign
    motor carrier or foreign motor private carrier is violating chapter
    139, the Secretary shall take appropriate action to compel compliance
    with that chapter. The Secretary or Panel, as applicable, may take
    action under this subsection only after giving the carrier or broker
    notice of the investigation and an opportunity for a proceeding.
        ``(b) Complaints.--A person, including a governmental authority,
    may file with the Secretary or Panel, as applicable, a complaint about
    a violation of this part by a carrier providing, or broker for,
    transportation or service subject to jurisdiction under this part or a
    foreign motor carrier or foreign motor private carrier providing
    transportation registered under section 13902 of this title. The
    complaint must state the facts that are the subject of the violation.
    The Secretary or Panel, as applicable, may dismiss a complaint that it
    determines does not state reasonable grounds for investigation and
    action.
        ``(c) Deadline.--A formal investigative proceeding begun by the
    Secretary or Panel under subsection (a) of this section is dismissed
    automatically unless it is concluded with administrative finality by
    the end of the 3d year after the date on which it was begun.
    ``Sec. 14702. Enforcement by the regulatory authority
        ``(a) In General.--The Secretary or the Panel, as applicable, may
    bring a civil action--
                ``(1) to enforce section 14103 of this title; or
                ``(2) to enforce this part, or a regulation or order of the
            Secretary or Panel, as applicable, when violated by a carrier
            or broker providing transportation or service subject to
            jurisdiction under subchapter I or III of chapter 135 of this
            title or by a foreign motor carrier or foreign motor private
            carrier providing transportation registered under section 13902
            of this title.
        ``(b) Venue.--In a civil action under subsection (a)(2) of this
    section--
                ``(1) trial is in the judicial district in which the
            carrier, foreign motor carrier, foreign motor private carrier,
            or broker operates;
                ``(2) process may be served without regard to the
            territorial limits of the district or of the State in which the
            action is instituted; and
                ``(3) a person participating with a carrier or broker in a
            violation may be joined in the civil action without regard to
            the residence of the person.
        ``(c) Standing.--The Panel, through its own attorneys, may bring or
    participate in any civil action involving motor carrier undercharges.
    ``Sec. 14703. Enforcement by the Attorney General
        ``The Attorney General may, and on request of either the Secretary
    of Transportation or Intermodal Surface Transportation Panel shall,
    bring court proceedings--
                ``(1) to enforce this part or a regulation or order of the
            Secretary or Panel or terms of registration under this part;
            and
                ``(2) to prosecute a person violating this part or a
            regulation or order of the Secretary or Panel or term of
            registration under this part.
    ``Sec. 14704. Rights and remedies of persons injured by carriers or
                  brokers
        ``(a) Enforcement of Order.--A person injured because a carrier or
    broker providing transportation or service subject to jurisdiction
    under chapter 135 does not obey an order of the Secretary or the Panel,
    as applicable, under this part, except an order for the payment of
    money, may bring a civil action to enforce that order under this
    subsection.
        ``(b) Liability and Damages.--
                ``(1) Liability for exceeding tariff rate.--A carrier
            providing transportation or service subject to jurisdiction
            under chapter 135 is liable to a person for amounts charged
            that exceed the applicable rate for transportation or service
            contained in a tariff in effect under section 13702 of this
            title.
                ``(2) Damages for violations.--A carrier or broker
            providing transportation or service subject to jurisdiction
            under chapter 135 is liable for damages sustained by a person
            as a result of an act or omission of that carrier or broker in
            violation of this part.
        ``(c) Election.--
                ``(1) Complaint to dot or panel; civil action.--A person
            may file a complaint with the Panel or the Secretary, as
            applicable, under section 14701(b) of this title or bring a
            civil action under subsection (b)(1) or (2) of this section to
            enforce liability against a carrier or broker providing
            transportation or service subject to jurisdiction under chapter
            135. A person may bring a civil action for injunctive relief
            for violations of sections 14102 and 14103.
                ``(2) Order of dot or panel.--
                        ``(A) In general.--When the Panel or Secretary, as
                    applicable, makes an award under subsection (b) of this
                    section, the Panel or Secretary, as applicable, shall
                    order the carrier to pay the amount awarded by a
                    specific date. The Panel or Secretary, as applicable,
                    may order a carrier or broker providing transportation
                    or service subject to jurisdiction under chapter 135 to
                    pay damages only when the proceeding is on complaint.
                        ``(B) Enforcement by civil action.--The person for
                    whose benefit an order of the Panel or Secretary
                    requiring the payment of money is made may bring a
                    civil action to enforce that order under this paragraph
                    if the carrier or broker does not pay the amount
                    awarded by the date payment was ordered to be made.
        ``(d) Procedure.--
                ``(1) In general.--When a person begins a civil action
            under subsection (b) of this section to enforce an order of the
            Panel or Secretary requiring the payment of damages by a
            carrier or broker providing transportation or service subject
            to jurisdiction under chapter 135 of this title, the text of
            the order of the Panel or Secretary must be included in the
            complaint. In addition to the district courts of the United
            States, a State court of general jurisdiction having
            jurisdiction of the parties has jurisdiction to enforce an
            order under this paragraph. The findings and order of the Panel
            or Secretary are competent evidence of the facts stated in
            them. Trial in a civil action brought in a district court of
            the United States under this paragraph is in the judicial
            district in which the plaintiff resides or in which the
            principal operating office of the carrier or broker is located.
            In a civil action under this paragraph, the plaintiff is liable
            for only those costs that accrue on an appeal taken by the
            plaintiff.
                ``(2) Parties.--All parties in whose favor the award was
            made may be joined as plaintiffs in a civil action brought in a
            district court of the United States under this subsection and
            all the carriers that are parties to the order awarding damages
            may be joined as defendants. Trial in the action is in the
            judicial district in which any one of the plaintiffs could
            bring the action against any one of the defendants. Process may
            be served on a defendant at its principal operating office when
            that defendant is not in the district in which the action is
            brought. A judgment ordering recovery may be made in favor of
            any of those plaintiffs against the defendant found to be
            liable to that plaintiff.
                ``(3) Attorney's fees.--The district court shall award a
            reasonable attorney's fee as a part of the damages for which a
            carrier or broker is found liable under this subsection. The
            district court shall tax and collect that fee as a part of the
            costs of the action.
    ``Sec. 14705. Limitation on actions by and against carriers
        ``(a) In General.--A carrier providing transportation or service
    subject to jurisdiction under chapter 135 must begin a civil action to
    recover charges for transportation or service provided by the carrier
    within 18 months after the claim accrues.
        ``(b) Overcharges.--A person must begin a civil action to recover
    overcharges within 18 months after the claim accrues. If the claim is
    against a carrier providing transportation subject to jurisdiction
    under chapter 135 and an election to file a complaint with the Panel or
    Secretary, as applicable, is made under section 14704(c)(1), the
    complaint must be filed within 3 years after the claim accrues.
        ``(c) Damages.--A person must file a complaint with the Panel or
    Secretary, as applicable, to recover damages under section 14704(b)(2)
    of this title within 2 years after the claim accrues.
        ``(d) Extensions.--The limitation periods under subsection (b) of
    this section are extended for 6 months from the time written notice is
    given to the claimant by the carrier of disallowance of any part of the
    claim specified in the notice if a written claim is given to the
    carrier within those limitation periods. The limitation periods under
    subsection (b) of this section and the 2-year period under subsection
    (c) of this section are extended for 90 days from the time the carrier
    begins a civil action under subsection (a) of this section to recover
    charges related to the same transportation or service, or collects
    (without beginning a civil action under that subsection) the charge for
    that transportation or service if that action is begun or collection is
    made within the appropriate period.
        ``(e) Payment.--A person must begin a civil action to enforce an
    order of the Panel or Secretary against a carrier for the payment of
    money within 1 year after the date the order required the money to be
    paid.
        ``(f) Government Transportation.--This section applies to
    transportation for the United States Government. The time limitations
    under this section are extended, as related to transportation for or on
    behalf of the United States Government, for 3 years from the later of
    the date of--
                ``(1) payment of the rate for the transportation or service
            involved;
                ``(2) subsequent refund for overpayment of that rate; or
                ``(3) deduction made under section 3726 of title 31.
        ``(g) Accrual Date.--A claim related to a shipment of property
    accrues under this section on delivery or tender of delivery by the
    carrier.
    ``Sec. 14706. Liability of carriers under receipts and bills of lading
        ``(a) General Liability.--
                ``(1) Motor carriers and freight forwarders.--A carrier
            providing transportation or service subject to jurisdiction
            under subchapter I or III of chapter 135 shall issue a receipt
            or bill of lading for property it receives for transportation
            under this part. That carrier and any other carrier that
            delivers the property and is providing transportation or
            service subject to jurisdiction under subchapter I or III of
            chapter 135 or chapter 105 are liable to the person entitled to
            recover under the receipt or bill of lading. The liability
            imposed under this paragraph is for the actual loss or injury
            to the property caused by (A) the receiving carrier, (B) the
            delivering carrier, or (C) 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 property
            reconsigned or diverted under a tariff filed under section
            13702 of this title. Failure to issue a receipt or bill of
            lading does not affect the liability of a carrier. 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) Freight forwarder.--A freight forwarder is both the
            receiving and delivering carrier. When a freight forwarder
            provides service and uses a motor carrier providing
            transportation subject to jurisdiction under subchapter I of
            chapter 135 to receive property from a consignor, 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) Apportionment.--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 or injury
    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) Special Rules.--
                ``(1) Limitation of liability by contract.--A carrier may
            limit or be exempt from liability imposed under subsection (a)
            of this section by a mutual written agreement, that is referred
            to in the receipt, bill of lading, or contract for the
            transportation involved entered into with the shipper, to limit
            liability to a specified amount.
                ``(2) Water carriers.--If loss or injury 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.
        ``(d) Civil Actions.--
                ``(1) Against delivering carrier.--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.
                ``(2) Against carrier responsible for loss.--A civil action
            under this section may be brought 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.
                ``(3) Jurisdiction of courts.--A civil action under this
            section may be brought in a United States district court or in
            a State court.
                ``(4) Judicial district defined.--In this section,
            `judicial district' means--
                        ``(A) in the case of a United States district
                    court, a judicial district of the United States; and
                        ``(B) in the case of a State court, the applicable
                    geographic area over which such court exercises
                    jurisdiction.
        ``(e) Minimum Period for Filing Claims.--
                ``(1) In general.--A carrier may not provide by rule,
            contract, or otherwise, a period of less than 9 months for
            filing a claim against it under this section and 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 gives a person written
            notice that the carrier has disallowed any part of the claim
            specified in the notice.
                ``(2) Special rules.--For the purposes of this subsection--
                        ``(A) an offer of compromise shall not constitute a
                    disallowance of any part of the claim unless the
                    carrier, in writing, informs the claimant that such
                    part of the claim is disallowed and provides reasons
                    for such disallowance; and
                        ``(B) communications received from a carrier'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.
        ``(f) Limiting Liability of Household Goods Carriers to Declared
    Value.--A carrier or group of carriers subject to jurisdiction under
    subchapter I or III of chapter 135 may petition the Panel to modify,
    eliminate, or establish rates for the transportation of household goods
    under which the liability of the carrier for that property is limited
    to a value established by written declaration of the shipper or by a
    written agreement.
        ``(g) Modifications and Reforms.--
                ``(1) Study.--The Secretary shall conduct a study to
            determine whether any modifications or reforms should be made
            to the loss and damage provisions of this section.
                ``(2) Factors to consider.--In conducting the study, the
            Secretary, at a minimum, shall consider--
                        ``(A) the efficient delivery of transportation
                    services;
                        ``(B) international and intermodal harmony;
                        ``(C) the public interest; and
                        ``(D) the interest of carriers and shippers.
                ``(3) Report.--Not later than 18 months after the effective
            date of this section, the Secretary shall submit to Congress a
            report on the results of the study, together with any
            recommendations of the Secretary (including legislative
            recommendations) for implementing modifications or reforms
            identified by the Secretary as being appropriate.
    ``Sec. 14707. Private enforcement of registration requirement
        ``(a) In General.--If a person provides transportation by motor
    vehicle or service in clear violation of section 13901-13904 or 13906,
    a person injured by the transportation or service may bring a civil
    action to enforce any such section. In a civil action under this
    subsection, trial is in the judicial district in which the person who
    violated that section operates.
        ``(b) Procedure.--A copy of the complaint in a civil action under
    subsection (a) shall be served on the Secretary and a certificate of
    service must appear in the complaint filed with the court. The
    Secretary may intervene in a civil action under subsection (a). The
    Secretary may notify the district court in which the action is pending
    that the Secretary intends to consider the matter that is the subject
    of the complaint in a proceeding before the Secretary. When that notice
    is filed, the court shall stay further action pending disposition of
    the proceeding before the Secretary.
        ``(c) Attorney's Fees.--In a civil action under subsection (a), the
    court may determine the amount of and award a reasonable attorney's fee
    to the prevailing party. That fee is in addition to costs allowable
    under the Federal Rules of Civil Procedure.
    ``Sec. 14708. Dispute settlement program for household goods carriers
        ``(a) Offering Shippers Arbitration.--As a condition of
    registration under section 13902 or 13903, a carrier providing
    transportation of household goods subject to jurisdiction under
    subchapter I or III of chapter 135 must agree to offer to shippers
    neutral arbitration as a means of settling disputes between such
    carriers and shippers of household goods concerning the transportation
    of household goods.
        ``(b) Arbitration Requirements.--
                ``(1) Prevention of special advantage.--The arbitration
            that is offered must be designed to prevent a carrier from
            having any special advantage in any case in which the claimant
            resides or does business at a place distant from the carrier's
            principal or other place of business.
                ``(2) Notice of arbitration procedure.--The carrier must
            provide the shipper an adequate notice of the availability of
            neutral arbitration, including a concise easy-to-read, accurate
            summary of the arbitration procedure, any applicable fees, and
            disclosure of the legal effects of election to utilize
            arbitration. Such notice must be given to persons for whom
            household goods are to be transported by the carrier before
            such goods are tendered to the carrier for transportation.
                ``(3) Provision of forms.--Upon request of a shipper, the
            carrier must promptly provide such forms and other information
            as are necessary for initiating an action to resolve a dispute
            under arbitration.
                ``(4) Independence of arbitrator.--Each person authorized
            to arbitrate or otherwise settle disputes must be independent
            of the parties to the dispute and must be capable, as
            determined under such regulations as the Secretary may issue,
            to resolve such disputes fairly and expeditiously. The carrier
            must ensure that each person chosen to settle the disputes is
            authorized and able to obtain from the shipper or carrier any
            material and relevant information to the extent necessary to
            carry out a fair and expeditious decision making process.
                ``(5) Limitation on fees.--No fee of more than $25 may be
            charged a shipper for instituting an arbitration proceeding
            under this subsection. In any case in which a shipper is
            charged a fee under this paragraph for instituting an
            arbitration proceeding and such dispute is settled in favor of
            the shipper, the person settling the dispute must refund such
            fee to the shipper unless the person settling the dispute
            determines that such refund is inappropriate.
                ``(6) Requests.--The carrier must not require the shipper
            to agree to utilize arbitration prior to the time that a
            dispute arises. If the shipper requests arbitration, such shall
            be binding on the parties.
                ``(7) Oral presentation of evidence.--The arbitrator may
            provide for an oral presentation of a dispute concerning
            transportation of household goods by a party to the dispute (or
            a party's representative), but such oral presentation may be
            made only if all parties to the dispute expressly agree to such
            presentation and the date, time, and location of such
            presentation.
                ``(8) Deadline for decision.--The arbitrator must, as
            expeditiously as possible but at least within 60 days of
            receipt of written notification of the dispute, render a
            decision based on the information gathered; except that, in any
            case in which a party to the dispute fails to provide in a
            timely manner any information concerning such dispute which the
            person settling the dispute may reasonably require to resolve
            the dispute, the arbitrator may extend such 60-day period for a
            reasonable period of time. A decision resolving a dispute may
            include any remedies appropriate under the circumstances,
            including repair, replacement, refund, reimbursement for
            expenses, and compensation for damages.
        ``(c) Limitation on Use of Materials.--Materials and information
    obtained in the course of a decision making process to settle a dispute
    by arbitration under this section may not be used to bring an action
    under section 14905.
        ``(d) Attorney's Fees to Shippers.--In any court action to resolve
    a dispute between a shipper of household goods and a motor carrier
    providing transportation or service subject to jurisdiction under
    subchapter I or III of chapter 135 concerning the transportation of
    household goods by such carrier, the shipper shall be awarded
    reasonable attorney's fees if--
                ``(1) the shipper submits a claim to the carrier within 120
            days after the date the shipment is delivered or the date the
            delivery is scheduled, whichever is later;
                ``(2) the shipper prevails in such court action; and
                ``(3)(A) a decision resolving the dispute was not rendered
            through arbitration under this section within the period
            provided under subsection (b)(8) of this section or an
            extension of such period under such subsection; or
                ``(B) the court proceeding is to enforce a decision
            rendered through arbitration under this section and is
            instituted after the period for performance under such decision
            has elapsed.
        ``(e) Attorney's Fees to Carriers.--In any court action to resolve
    a dispute between a shipper of household goods and a carrier providing
    transportation, or service subject to jurisdiction under subchapter I
    or III of chapter 135 concerning the transportation of household goods
    by such carrier, such carrier may be awarded reasonable attorney's fees
    by the court only if the shipper brought such action in bad faith--
                ``(1) after resolution of such dispute through arbitration
            under this section; or
                ``(2) after institution of an arbitration proceeding by the
            shipper to resolve such dispute under this section but before--
                        ``(A) the period provided under subsection (b)(8)
                    for resolution of such dispute (including, if
                    applicable, an extension of such period under such
                    subsection) ends; and
                        ``(B) a decision resolving such dispute is
                    rendered.
        ``(f) Limitation of Applicability to Collect-on-Delivery
    Transportation.--The provisions of this section shall apply only in the
    case of collect-on-delivery transportation of those types of household
    goods.
    ``Sec. 14709. Tariff reconciliation rules for motor carriers of
                  property
        ``Subject to review and approval by the Panel, motor carriers
    subject to jurisdiction under subchapter I of chapter 135 (other than
    motor carriers providing transportation of household goods) and
    shippers may resolve, by mutual consent, overcharge and under-charge
    claims resulting from incorrect tariff provisions or billing errors
    arising from the inadvertent failure to properly and timely file and
    maintain agreed upon rates, rules, or classifications in compliance
    with sections 10761 and 10762 of this title as in effect on the day
    before the effective date of this section. Resolution of such claims
    among the parties shall not subject any party to the penalties for
    departing from a filed tariff.

                  ``CHAPTER 149--CIVIL AND CRIMINAL PENALTIES

    Sec.
    ``14901. General civil penalties.
    ``14902. Civil penalty for accepting rebates from carrier. .
    ``14903. Tariff violations. .
    ``14904. Additional rate violations.
    ``14905. Penalties for violations of rules relating to loading and
                                unloading motor vehicles.
    ``14906. Evasion of regulation of carriers and brokers.
    ``14907. Record keeping and reporting violations. .
    ``14908. Unlawful disclosure of information..
    ``14909. Disobedience to subpoenas. .
    ``14910. General criminal penalty when specific penalty not provided..
    ``14911. Punishment of corporation for violations committed by certain
                                individuals. .
    ``14912. Weight-bumping in household goods transportation .
    ``14913. Conclusiveness of rates in certain prosecutions.
    ``Sec. 14901. General civil penalties
        ``(a) Reporting and Recordkeeping.--A person required to make a
    report to the Secretary or the Panel, answer a question, or make,
    prepare, or preserve a record under this part concerning transportation
    subject to jurisdiction under subchapter I or III of chapter 135 or
    transportation by a foreign carrier registered under section 13902, or
    an officer, agent, or employee of that person that--
                ``(1) does not make the report;
                ``(2) does not specifically, completely, and truthfully
            answer the question;
                ``(3) does not make, prepare, or preserve the record in the
            form and manner prescribed;
                ``(4) does not comply with section 13901; or
                ``(5) does not comply with section 13902(c);
    is liable to the United States Government for a civil penalty of not
    less than $500 for each violation and for each additional day the
    violation continues; except that, in the case of a person who is not
    registered under this part to provide transportation of passengers, or
    an officer, agent, or employee of such person, that does not comply
    with section 13901 with respect to providing transportation of
    passengers, the amount of the civil penalty shall not be less than
    $2,000 for each violation and for each additional day the violation
    continues.
        ``(b) Transportation of Hazardous Wastes.--A person subject to
    jurisdiction under subchapter I of chapter 135, or an officer, agent,
    or employee of that person, and who is required to comply with section
    13901 of this title but does not so comply with respect to the
    transportation of hazardous wastes as defined by the Environmental
    Protection Agency pursuant to section 3001 of the Solid Waste Disposal
    Act (but not including any waste the regulation of which under the
    Solid Waste Disposal Act has been suspended by Congress) shall be
    liable to the United States for a civil penalty not to exceed $20,000
    for each violation.
        ``(c) Factors To Consider in Determining Amount.--In determining
    and negotiating the amount of a civil penalty under subsection (a) or
    (d) concerning transportation of household goods, the degree of
    culpability, any history of prior such conduct, the degree of harm to
    shipper or shippers, ability to pay, the effect on ability to do
    business, whether the shipper has been adequately compensated before
    institution of the proceeding, and such other matters as fairness may
    require shall be taken into account.
        ``(d) Protection of Household Goods Shippers.--If a carrier
    providing transportation of household goods subject to jurisdiction
    under subchapter I or III of chapter 135 or a receiver or trustee of
    such carrier fails or refuses to comply with any regulation issued by
    the Secretary or the Panel relating to protection of individual
    shippers, such carrier, receiver, or trustee is liable to the United
    States for a civil penalty of not less than $1,000 for each violation
    and for each additional day during which the violation continues.
        ``(e) Violation Relating to Transportation of Household Goods.--Any
    person that knowingly engages in or knowingly authorizes an agent or
    other person--
                ``(1) to falsify documents used in the transportation of
            household goods subject to jurisdiction under subchapter I or
            III of chapter 135 which evidence the weight of a shipment; or
                ``(2) to charge for accessorial services which are not
            performed or for which the carrier is not entitled to be
            compensated in any case in which such services are not
            reasonably necessary in the safe and adequate movement of the
            shipment;
    is liable to the United States for a civil penalty of not less than
    $2,000 for each violation and of not less than $5,000 for each
    subsequent violation. Any State may bring a civil action in the United
    States district courts to compel a person to pay a civil penalty
    assessed under this subsection.
        ``(f) Venue.--Trial in a civil action under subsections (a) through
    (e) of this section is in the judicial district in which--
                ``(1) the carrier or broker has its principal office;
                ``(2) the carrier or broker was authorized to provide
            transportation or service under this part when the violation
            occurred;
                ``(3) the violation occurred; or
                ``(4) the offender is found.
    Process in the action may be served in the judicial district of which
    the offender is an inhabitant or in which the offender may be found.
    ``Sec. 14902. Civil penalty for accepting rebates from carrier
        ``A person--
                ``(1) delivering property to a carrier providing
            transportation or service subject to jurisdiction under chapter
            135 for transportation under this part or for whom that carrier
            will transport the property as consignor or consignee for that
            person from a State or territory or possession of the United
            States to another State or possession, territory, or to a
            foreign country; and
                ``(2) knowingly accepting or receiving by any means a
            rebate or offset against the rate for transportation for, or
            service of, that property contained in a tariff required under
            section 13702;
    is liable to the United States Government for a civil penalty in an
    amount equal to 3 times the amount of money that person accepted or
    received as a rebate or offset and 3 times the value of other
    consideration accepted or received as a rebate or offset. In a civil
    action under this section, all money or other consideration received by
    the person during a period of 6 years before an action is brought under
    this section may be included in determining the amount of the penalty,
    and if that total amount is included, the penalty shall be 3 times that
    total amount.
    ``Sec. 14903. Tariff violations
        ``(a) Criminal Penalty for Undercharging.--A person that knowingly
    offers, grants, gives, solicits, accepts, or receives by any means
    transportation or service provided for property by a carrier subject to
    jurisdiction under chapter 135 at less than the rate in effect under
    section 13702 shall be fined at least $1,000 but not more than $20,000,
    imprisoned for not more than 2 years, or both.
        ``(b) General Criminal Penalty.--A carrier providing transportation
    or service subject to jurisdiction under chapter 135 or an officer,
    director, receiver, trustee, lessee, agent, or employee of a
    corporation that is subject to jurisdiction under that chapter, that
    willfully does not observe its tariffs as required under section 13702,
    shall be fined at least $1,000 but not more than $20,000, imprisoned
    for not more than 2 years, or both.
        ``(c) Actions of Agents and Employees.--When acting in the scope of
    their employment, the actions and omissions of persons acting for or
    employed by a carrier or shipper that is subject to subsection (a) or
    (b) of this section are considered to be the actions and omissions of
    that carrier or shipper as well as that person.
        ``(d) Venue.--Trial in a criminal action under this section is in
    the judicial district in which any part of the violation is committed
    or through which the transportation is conducted.
    ``Sec. 14904. Additional rate violations
        ``(a) Rebates by Agents.--A person, or an officer, employee, or
    agent of that person, that--
                ``(1) knowingly offers, grants, gives, solicits, accepts,
            or receives a rebate for concession, in violation of a
            provision of this part related to motor carrier transportation
            subject to jurisdiction under subchapter I of chapter 135; or
                (2) by any means knowingly and willfully assists or permits
            another person to get transportation that is subject to
            jurisdiction under that subchapter at less than the rate in
            effect for that transportation under section 13702,
    shall be fined at least $200 for the first violation and at least $250
    for a subsequent violation.
        ``(b) Undercharging.--
                ``(1) Freight forwarder.--A freight forwarder providing
            service subject to jurisdiction under subchapter III of chapter
            135, or an officer, agent, or employee of that freight
            forwarder, that knowingly and willfully assists a person in
            getting, or willingly permits a person to get, service provided
            under that subchapter at less than the rate in effect for that
            service under section 13702, shall be fined not more than $500
            for the first violation and not more than $2,000 for a
            subsequent violation.
                ``(2) Agents and others.--A person that knowingly and
            willfully by any means gets, or attempts to get, service
            provided under subchapter III of chapter 135 at less than the
            rate in effect for that service under section 13702, shall be
            fined not more than $500 for the first violation and not more
            than $2,000 for a subsequent violation.
    ``Sec. 14905. Penalties for violations of rules relating to loading and
                  unloading motor vehicles
        ``(a) Civil Penalties.--Any person who knowingly authorizes,
    consents to, or permits a violation of subsection (a) or (b) of section
    14103 or who knowingly violates subsection (a) of such section is
    liable to the United States Government for a civil penalty of not more
    than $10,000 for each violation.
        ``(b) Criminal Penalties.--Any person who knowingly violates
    section 14103(b) of this title shall be fined not more than $10,000,
    imprisoned for not more than 2 years, or both.
    ``Sec. 14906. Evasion of regulation of carriers and brokers
        ``A person, or an officer, employee, or agent of that person that
    by any means knowingly and willfully tries to evade regulation provided
    under this part for carriers or brokers shall be fined at least $200
    for the first violation and at least $250 for a subsequent violation.
    ``Sec. 14907. Record keeping and reporting violations
        ``A person required to make a report to the Secretary or the Panel,
    as applicable, answer a question, or make, prepare, or preserve a
    record under this part about transportation subject to jurisdiction
    under subchapter I or III of chapter 135, or an officer, agent, or
    employee of that person, that--
                ``(1) willfully does not make that report;
                ``(2) willfully does not specifically, completely, and
            truthfully answer that question in 30 days from the date the
            Secretary or Panel, as applicable, requires the question to be
            answered;
                ``(3) willfully does not make, prepare, or preserve that
            record in the form and manner prescribed;
                ``(4) knowingly and willfully falsifies, destroys,
            mutilates, or changes that report or record;
                ``(5) knowingly and willfully files a false report or
            record;
                ``(6) knowingly and willfully makes a false or incomplete
            entry in that record about a business related fact or
            transaction; or
                ``(7) knowingly and willfully makes, prepares, or preserves
            a record in violation of an applicable regulation or order of
            the Secretary or Panel;
    shall be fined not more than $5,000.
    ``Sec. 14908. Unlawful disclosure of information
        ``(a) Disclosure of Shipment and Routing Information.--
                ``(1) Violations.--A carrier or broker providing
            transportation subject to jurisdiction under subchapter I, II,
            or III of chapter 135 or an officer, receiver, trustee, lessee,
            or employee of that carrier or broker, or another person
            authorized by that carrier or broker to receive information
            from that carrier or broker may not knowingly disclose to
            another person, except the shipper or consignee, and another
            person may not solicit, or knowingly receive, information about
            the nature, kind, quantity, destination, consignee, or routing
            of property tendered or delivered to that carrier or broker for
            transportation provided under this part without the consent of
            the shipper or consignee if that information may be used to the
            detriment of the shipper or consignee or may disclose
            improperly to a competitor the business transactions of the
            shipper or consignee.
                ``(2) Fine; venue.--A person violating paragraph (1) of
            this subsection shall be fined not less than $2,000. Trial in a
            criminal action under this paragraph is in the judicial
            district in which any part of the violation is committed.
        ``(b) Limitation on Statutory Construction.--This part does not
    prevent a carrier or broker providing transportation subject to
    jurisdiction under chapter 135 from giving information--
                ``(1) in response to legal process issued under authority
            of a court of the United States or a State;
                ``(2) to an officer, employee, or agent of the United
            States Government, a State, or a territory or possession of the
            United States; or
                ``(3) to another carrier or its agent to adjust mutual
            traffic accounts in the ordinary course of business.
    ``Sec. 14909. Disobedience to subpoenas
        ``A person not obeying a subpoena or requirement of the Secretary
    or the Panel to appear and testify or produce records shall be fined
    not less than $5,000, imprisoned for not more than 1 year, or both.
    ``Sec. 14910. General criminal penalty when specific penalty not
                  provided
        ``When another criminal penalty is not provided under this chapter,
    a person that knowingly and willfully violates a provision of this part
    or a regulation or order prescribed under this part, or a condition of
    a registration under this part related to transportation that is
    subject to jurisdiction under subchapter I or III of chapter 135 or a
    condition of a registration under section 13902, shall be fined at
    least $500 for the first violation and at least $500 for a subsequent
    violation. A separate violation occurs each day the violation
    continues.
    ``Sec. 14911. Punishment of corporation for violations committed by
                  certain individuals
        ``An act or omission that would be a violation of this part if
    committed by a director, officer, receiver, trustee, lessee, agent, or
    employee of a carrier providing transportation or service subject to
    jurisdiction under chapter 135 that is a corporation is also a
    violation of this part by that corporation. The penalties of this
    chapter apply to that violation. When acting in the scope of their
    employment, the actions and omissions of individuals acting for or
    employed by that carrier are considered to be the actions and omissions
    of that carrier as well as that individual.
    ``Sec. 14912. Weight-bumping in household goods transportation
        ``(a) Weight-Bumping Defined.--For the purposes of this section,
    `weight-bumping' means the knowing and willful making or securing of a
    fraudulent weight on a shipment of household goods which is subject to
    jurisdiction under subchapter I or III of chapter 135.
        ``(b) Penalty.--Any individual who has been found to have committed
    weight-bumping shall, for each offense, be fined at least $1,000 but
    not more than $10,000, imprisoned for not more than 2 years, or both.
    ``Sec. 14913. Conclusiveness of rates in certain prosecutions
        ``When a carrier publishes or files a particular rate under section
    13702 or participates in such a rate, the published or filed rate is
    conclusive proof against that carrier, its officers, and agents that it
    is the legal rate for that transportation or service in a proceeding
    begun under section 14902 or 14903. A departure, or offer to depart,
    from that published or filed rate is a violation of those sections.''.

    SEC. 104. MISCELLANEOUS MOTOR CARRIER PROVISIONS.

        (a) Multiple Insurers.--Section 31138(c) of title 49, United States
    Code, is amended by adding at the end thereof the following new
    paragraph:
                ``(3) A motor carrier may obtain the required amount of
            financial responsibility from more than one source provided the
            cumulative amount is equal to the minimum requirements of this
            section.''.
        (b) Lower Coverage Permitted for Certain Operations.--Section 31138
    of such title is amended by adding at the end thereof the following:
        ``(f) Lower Coverage Permitted for Certain Operations.--Under
    regulations promulgated by the Secretary, the minimum amount set forth
    in subsection (b)(1) shall not apply to motor vehicles used, under a
    program funded in whole or in part with a Federal transit grant, to
    provide supplemental para-transit services for the elderly and
    disabled.''.
        (c) Transporters of Property.--Section 31139(e) of such title is
    amended by adding at the end thereof the following:
                ``(3) A motor carrier may obtain the required amount of
            financial responsibility from more than one source provided the
            cumulative amount is equal to the minimum requirements of this
            section.''.
        (d) Commercial Motor Vehicle Defined.--Section 31132(1) of such
    title is amended--
                (1) by redesignating subparagraph (C) as subparagraph (D);
            and
                (2) by striking subparagraph (B) and inserting the
            following:
                        ``(B) is designed or used to transport passengers
                    for compensation, but excluding vehicles providing
                    taxicab service and having a capacity of not more than
                    6 passengers and not operated on a regular route or
                    between specified places;
                        ``(C) is designed or used to transport more than 15
                    passengers, including the driver, and is not used to
                    transport passengers for compensation; or''.
        (e) Self-Insurance Rules.--The Secretary of Transportation shall
    continue to enforce the rules and regulations of the Interstate
    Commerce Commission, as in effect on July 1, 1995, governing the
    qualifications for approval of a motor carrier as a self-insurer, until
    such time as the Secretary finds it in the public interest to revise
    such rules. The revised rules must provide for--
                (1) continued ability of motor carriers to qualify as self-
            insurers; and
                (2) the continued qualification of all carriers then so
            qualified under the terms and conditions set by the Interstate
            Commerce Commission or Secretary at the time of qualification.

                  TITLE II--TRANSPORTATION ADJUDICATION PANEL

    SEC. 201. TITLE 49 AMENDMENT.

        (a) Amendment.--Subtitle I of title 49, United States Code, is
    amended by adding at the end the following new chapter:

                 ``CHAPTER 7--TRANSPORTATION ADJUDICATION PANEL

                         ``SUBCHAPTER I--ESTABLISHMENT

    Sec.
    ``701. Establishment of Panel.
    ``702. Functions.
    ``703. Administrative provisions.
    ``704. Annual report.
    ``705. Authorization of appropriations.
    ``706. Reporting official action.
                        ``SUBCHAPTER II--ADMINISTRATIVE

    ``721. Powers.
    ``722. Panel action.
    ``723. Service of notice in panel proceedings.
    ``724. Service of process in court proceedings.
    ``725. National organization of State commissions.
    ``726. Administrative support.
    ``727. Definitions.

                         ``SUBCHAPTER I--ESTABLISHMENT

    ``Sec. 701. Establishment of Panel
        ``(a) Establishment.--There is hereby established within the
    Department of Transportation the Transportation Adjudication Panel.
        ``(b) Membership.--(1) The Panel shall consist of 3 members, to be
    appointed by the President, by and with the advice and consent of the
    Senate. Not more than 2 members may be appointed from the same
    political party.
        ``(2) At any given time, at least 2 members of the Panel shall be
    individuals with professional standing and demonstrated knowledge in
    the fields of transportation or transportation regulation, and at least
    one member shall be an individual with professional or business
    experience in the private sector.
        ``(3) The term of each member of the Panel shall be 5 years and
    shall begin when the term of the predecessor of that member ends. An
    individual appointed to fill a vacancy occurring before the expiration
    of the term for which the predecessor of that individual was appointed,
    shall be appointed for the remainder of that term. When the term of
    office of a member ends, the member may continue to serve until a
    successor is appointed and qualified, but for a period not to exceed
    one year. The President may remove a member for inefficiency, neglect
    of duty, or malfeasance in office.
        ``(4) On the effective date of this section, the members of the
    Interstate Commerce Commission then serving unexpired terms shall
    become members of the Panel, to serve for a period of time equal to the
    remainder of the term for which they were originally appointed to the
    Interstate Commerce Commission.
        ``(5) No individual may serve as a member of the Panel for more
    than 2 terms, including service as a member of the Interstate Commerce
    Commission. In the case of an individual appointed to fill a vacancy
    occurring before the expiration of the term for which the predecessor
    of that individual was appointed, such individual may not be appointed
    for more than one additional term.
        ``(6) A member of the Panel may not have a pecuniary interest in,
    hold an official relation to, or own stock in or bonds of, a carrier
    providing transportation by any mode and may not engage in another
    business, vocation, or employment.
        ``(7) A vacancy in the membership of the Panel does not impair the
    right of the remaining members to exercise all of the powers of the
    Panel. The Panel may designate a member to act as Director during any
    period in which there is no Director designated by the President.
        ``(c) Director.--(1) There shall be at the head of the Panel a
    Director, who shall be designated by the President from among the
    members of the Panel. The Panel shall be administered under the
    supervision and direction of the Director. The Director shall receive
    compensation at the rate prescribed for level III of the Executive
    Schedule under section 5314 of title 5.
        ``(2) Subject to the general policies, decisions, findings, and
    determinations of the Panel the Director shall be responsible for
    administering the Panel. The Director may delegate the powers granted
    under this paragraph to an officer, employee, or office of the Panel.
    The Director shall--
                ``(A) appoint and supervise, other than regular and full
            time employees in the immediate offices of another member, the
            officers and employees of the Panel, including attorneys to
            provide legal aid and service to the Panel and its members, and
            to represent the Panel in any case in court;
                ``(B) appoint the heads of offices with the approval of the
            Panel;
                ``(C) distribute Panel responsibilities among officers and
            employees and offices of the Panel;
                ``(D) prepare requests for appropriations for the Panel and
            submit those requests to the President and Congress with the
            prior approval of the Panel; and
                ``(E) supervise the expenditure of funds allocated by the
            Panel for major programs and purposes.
    ``Sec. 702. Functions
        ``Except as otherwise provided in the ICC Termination Act of 1995,
    or the amendments made thereby, the Panel shall perform all functions
    that, immediately before the effective date of such Act, were functions
    of the Interstate Commerce Commission or were performed by any officer
    or employee of the Interstate Commerce Commission in the capacity as
    such officer or employee.
    ``Sec. 703. Administrative provisions
        ``(a) Executive Reorganization.--Chapter 9 of title 5, United
    States Code, shall apply to the Panel in the same manner as it does to
    an independent regulatory agency.
        ``(b) Open Meetings.--For purposes of section 552b of title 5,
    United States Code, the Panel shall be deemed to be an agency.
        ``(c) Independence.--In the performance of their functions, the
    members, employees, and other personnel of the Panel shall not be
    responsible to or subject to the supervision or direction of any
    officer, employee, or agent of any other part of the Department of
    Transportation.
        ``(d) Representation by Attorneys.--Attorneys designated by the
    Director of the Panel may appear for, and represent the Panel in, any
    civil action brought in connection with any function carried out by the
    Panel pursuant to this chapter or subtitle IV or as otherwise
    authorized by law.
        ``(e) Admission to Practice.--Subject to section 500 of title 5,
    the Panel may regulate the admission of individuals to practice before
    it and may impose a reasonable admission fee.
        ``(f) Budget Requests.--In each annual request for appropriations
    by the President, the Secretary of Transportation shall identify the
    portion thereof intended for the support of the Panel and include a
    statement by the Panel--
                ``(1) showing the amount requested by the Panel in its
            budgetary presentation to the Secretary and the Office of
            Management and Budget; and
                ``(2) an assessment of the budgetary needs of the Panel.
        ``(g) Direct Transmittal to Congress.--The Panel shall transmit to
    Congress copies of budget estimates, requests, and information
    (including personnel needs), legislative recommendations, prepared
    testimony for congressional hearings, and comments on legislation at
    the same time they are sent to the Secretary of Transportation. An
    officer of an agency may not impose conditions on or impair
    communications by the Panel with Congress, or a committee or member of
    Congress, about the information.
    ``Sec. 704. Annual report
        ``The Panel shall annually transmit to the Congress a report on its
    activities.
    ``Sec. 705. Authorization of appropriations
        ``There are authorized to be appropriated to the Secretary of
    Transportation for the activities of the Panel--
                ``(1) $8,421,000 for fiscal year 1996;
                ``(2) $12,000,000 for fiscal year 1997; and
                ``(3) $12,000,000 for fiscal year 1998.
    ``Sec. 706. Reporting official action
        ``(a) The Panel shall make a written report of each proceeding
    conducted on complaint or on its own initiative and furnish a copy to
    each party to that proceeding. The report shall include the findings,
    conclusions, and the order of the Panel and, if damages are awarded,
    the findings of fact supporting the award. The Panel may have its
    reports published for public use. A published report of the Panel is
    competent evidence of its contents.
        ``(b)(1) When action of the Panel in a matter related to a rail
    carrier is taken by the Panel, an individual member of the Panel, or
    another individual or group of individuals designated to take official
    action for the Panel, the written statement of that action (including a
    report, order, decision and order, vote, notice, letter, policy
    statements, or regulation) shall indicate--
                ``(A) the official designation of the individual or group
            taking the action;
                ``(B) the name of each individual taking, or participating
            in taking, the action; and
                ``(C) the vote or position of each participating
            individual.
        ``(2) If an individual member of a group taking an official action
    referred to in paragraph (1) of this subsection does not participate in
    it, the written statement of the action shall indicate that the member
    did not participate. An individual participating in taking an official
    action is entitled to express the views of that individual as part of
    the written statement of the action. In addition to any publication of
    the written statement, it shall be made available to the public under
    section 552(a) of title 5.

                        ``SUBCHAPTER II--ADMINISTRATIVE

    ``Sec. 721. Powers
        ``(a) The Panel shall carry out this chapter and subtitle IV.
    Enumeration of a power of the Panel in this chapter or subtitle IV does
    not exclude another power the Panel may have in carrying out this
    chapter or subtitle IV. The Panel may prescribe regulations in carrying
    out this chapter and subtitle IV.
        ``(b) The Panel may--
                ``(1) inquire into and report on the management of the
            business of carriers providing, and brokers for, transportation
            and services subject to subtitle IV;
                ``(2) inquire into and report on the management of the
            business of a person controlling, controlled by, or under
            common control with those carriers or brokers to the extent
            that the business of that person is related to the management
            of the business of that carrier or broker; and
                ``(3) obtain from those carriers, brokers, and persons
            information the Panel decides is necessary to carry out
            subtitle IV.
        ``(c)(1) The Panel may subpoena witnesses and records related to a
    proceeding of the Panel from any place in the United States, to the
    designated place of the proceeding. If a witness disobeys a subpoena,
    the Panel, or a party to a proceeding before the Panel, may petition a
    court of the United States to enforce that subpoena.
        ``(2) The district courts of the United States have jurisdiction to
    enforce a subpoena issued under this section. Trial is in the district
    in which the proceeding is conducted. The court may punish a refusal to
    obey a subpoena as a contempt of court.
        ``(d)(1) In a proceeding, the Panel may take the testimony of a
    witness by deposition and may order the witness to produce records. A
    party to a proceeding pending before the Panel may take the testimony
    of a witness by deposition and may require the witness to produce
    records at any time after a proceeding is at issue on petition and
    answer.
        ``(2) If a witness fails to be deposed or to produce records under
    paragraph (1) of this subsection, the Panel may subpoena the witness to
    take a deposition, produce the records, or both.
        ``(3) A deposition may be taken before a judge of a court of the
    United States, a United States magistrate judge, a clerk of a district
    court, or a chancellor, justice, or judge of a supreme or superior
    court, mayor or chief magistrate of a city, judge of a county court, or
    court of common pleas of any State, or a notary public who is not
    counsel or attorney of a party or interested in the proceeding.
        ``(4) Before taking a deposition, reasonable notice must be given
    in writing by the party or the attorney of that party proposing to take
    a deposition to the opposing party or the attorney of record of that
    party, whoever is nearest. The notice shall state the name of the
    witness and the time and place of taking the deposition.
        ``(5) The testimony of a person deposed under this subsection shall
    be taken under oath. The person taking the deposition shall prepare, or
    cause to be prepared, a transcript of the testimony taken. The
    transcript shall be subscribed by the deponent.
        ``(6) The testimony of a witness who is in a foreign country may be
    taken by deposition before an officer or person designated by the Panel
    or agreed on by the parties by written stipulation filed with the
    Panel. A deposition shall be filed with the Panel promptly.
        ``(e) Each witness summoned before the Panel or whose deposition is
    taken under this section and the individual taking the deposition are
    entitled to the same fees and mileage paid for those services in the
    courts of the United States.
    ``Sec. 722. Panel action
        ``(a) Unless otherwise provided in subtitle IV, the Panel may
    determine, within a reasonable time, when its actions, other than an
    action ordering the payment of money, take effect.
        ``(b) An action of the Panel remains in effect under its own terms
    or until superseded. The Panel may change, suspend, or set aside any
    such action on notice. Notice may be given in a manner determined by
    the Panel. A court of competent jurisdiction may suspend or set aside
    any such action.
        ``(c) The Panel may, at any time on its own initiative because of
    material error, new evidence, or substantially changed circumstances--
                ``(1) reopen a proceeding;
                ``(2) grant rehearing, reargument, or reconsideration of an
            action of the Panel; or
                ``(3) change an action of the Panel.
    An interested party may petition to reopen and reconsider an action of
    the Panel under this subsection under regulations of the Panel.
        ``(d) Notwithstanding subtitle IV, an action of the Panel under
    this section is final on the date on which it is served, and a civil
    action to enforce, enjoin, suspend, or set aside the action may be
    filed after that date.
    ``Sec. 723. Service of notice in Panel proceedings
        ``(a) A carrier providing transportation subject to the
    jurisdiction of the Panel under subtitle IV shall designate an agent in
    the District of Columbia, on whom service of notices in a proceeding
    before, and of actions of, the Panel may be made.
        ``(b) A designation under subsection (a) of this section shall be
    in writing and filed with the Panel.
        ``(c) Except as otherwise provided, notices of the Panel shall be
    served on its designated agent at the office or usual place of
    residence in the District of Columbia of that agent. A notice of action
    of the Panel shall be served immediately on the agent or in another
    manner provided by law. If that carrier does not have a designated
    agent, service may be made by posting the notice in the office of the
    Panel.
        ``(d) In a proceeding involving the lawfulness of classifications,
    rates, or practices of a rail carrier that has not designated an agent
    under this section, service of notice of the Panel on an attorney in
    fact for the carrier constitutes service of notice on the carrier.
    ``Sec. 724. Service of process in court proceedings
        ``(a) A carrier providing transportation subject to the
    jurisdiction of the Panel under subtitle IV shall designate an agent in
    the District of Columbia on whom service of process in an action before
    a district court may be made. Except as otherwise provided, process in
    an action before a district court shall be served on the designated
    agent of that carrier at the office or usual place of residence in the
    District of Columbia of that agent. If the carrier does not have a
    designated agent, service may be made by posting the notice in the
    office of the Panel.
        ``(b) A designation under this section may be changed at any time
    in the same manner as originally made.
    ``Sec. 725. National organization of State commissions
        ``The Administrator of General Services shall assign space and
    facilities for the use of the national organization of the State
    commissions and their representatives. The space and facilities shall
    be available for the use of the State commissions and their
    representatives cooperating with the Panel or with another department,
    agency, or instrumentality of the United States Government. The rental
    for such space shall be paid by the national organization's Federal
    agency members other than the Panel.
    ``Sec. 726. Administrative support
        ``The Secretary of Transportation shall provide appropriate
    administrative support for the Panel.
    ``Sec. 727. Definitions
        ``All terms used in this chapter that are defined in subtitle IV
    shall have the meaning given those terms in that subtitle.''.
        (b) Table of Chapters Amendment.--The table of chapters of subtitle
    I of title 49, United States Code, is amended by adding at the end the
    following new item:

      ``7.  TRANSPORTATION ADJUDICATION PANEL                        701''.

    SEC. 202. REORGANIZATION.

        The Director of the Transportation Adjudication Panel (in this Act
    referred to as the ``Panel'') may allocate or reallocate any function
    of the Panel, consistent with this title and subchapter I of chapter 7,
    as amended by section 201 of this title, among the members or employees
    of the Panel, and may establish, consolidate, alter, or discontinue in
    the Panel any organizational entities that were entities of the
    Interstate Commerce Commission, as the Director considers necessary or
    appropriate.

    SEC. 203. TRANSFER OF ASSETS.

        Except as otherwise provided in this Act and the amendments made by
    this Act, so much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    used, held, available, or to be made available in connection with a
    function transferred to the Panel by this Act shall be available to the
    Panel at such time or times as the President directs for use in
    connection with the functions transferred.

    SEC. 204. SAVING PROVISIONS.

        (a) Legal Documents.--All orders, determinations, rules,
    regulations, permits, grants, loans, contracts, agreements,
    certificates, licenses, and privileges--
                (1) that have been issued, made, granted, or allowed to
            become effective by the President, the Interstate Commerce
            Commission, any officer or employee of the Interstate Commerce
            Commission, or any other Government official, or by a court of
            competent jurisdiction, in the performance of any function that
            is transferred by this Act or the amendments made by this Act;
            and
                (2) that are in effect on the effective date of such
            transfer (or become effective after such date pursuant to their
            terms as in effect on such effective date),
    shall continue in effect according to their terms until modified,
    terminated, superseded, set aside, or revoked in accordance with law by
    the President, the Panel, any other authorized official, a court of
    competent jurisdiction, or operation of law.
        (b) Proceedings.--(1) Except as provided in paragraph (2), the
    Panel shall assume responsibility for the continuation of all
    proceedings pending before the Interstate Commerce Commission, and
    shall complete such proceedings in accordance with law and regulations
    as in effect before the date of the enactment of this Act.
        (2) In the case of a proceeding under a provision of law repealed,
    and not reenacted, by this Act, such proceeding shall be terminated.
        (c) Suits.--(1) This Act shall not affect suits commenced before
    the date of the enactment of this Act, except that the Panel shall
    assume the position of the Interstate Commerce Commission, and, except
    as provided in paragraph (2), in all such suits, proceeding shall be
    had, appeals taken, and judgments rendered in the same manner and with
    the same effect as if this Act had not been enacted.
        (2) If the court in a suit described in paragraph (1) remands a
    case to the Panel, subsequent proceedings related to such case shall
    proceed in accordance with applicable law and regulations as in effect
    at the time of such subsequent proceedings.
        (d) Exercise of Authorities.--Except as otherwise provided by law,
    an officer or employee of the Panel may, for purposes of performing a
    function transferred by this Act or the amendments made by this Act,
    exercise all authorities under any other provision of law that were
    available with respect to the performance of that function to the
    official responsible for the performance of the function immediately
    before the effective date of the transfer of the function under this
    Act or the amendments made by this Act.

    SEC. 205. REFERENCES.

        Any reference to the Interstate Commerce Commission in any other
    Federal law, Executive order, rule, regulation, or delegation of
    authority, or any document of or pertaining to the Interstate Commerce
    Commission or an officer or employee of the Interstate Commerce
    Commission, is deemed to refer to the Panel or a member or employee of
    the Panel, as appropriate.

                        TITLE III--CONFORMING AMENDMENTS

                  Subtitle A--Amendments to United States Code

    SEC. 301. TITLE 5 AMENDMENTS.

        (a) Compensation for Positions at Level III.--Section 5314 of title
    5, United States Code, is amended by striking ``Chairman, Interstate
    Commerce Commission.'' and inserting in lieu thereof ``Director,
    Transportation Adjudication Panel.''.
        (b) Compensation for Positions at Level IV.--Section 5315 of title
    5, United States Code, is amended by striking ``Members, Interstate
    Commerce Commission.'' and inserting in lieu thereof ``Members,
    Transportation Adjudication Panel.''.

    SEC. 302. TITLE 11 AMENDMENTS.

        Subchapter IV of chapter 11 of title 11, United States Code, is
    amended--
                (1) by amending section 1162 to read as follows:
    ``Sec. 1162. Definition
        ``In this subchapter, `Panel' means the ``Transportation
    Adjudication Panel.''; and
                (2) by striking ``Commission'' each place it appears and
            inserting in lieu thereof ``Panel''.

    SEC. 303. TITLE 18 AMENDMENT.

        Section 6001(1) of title 18, United States Code, is amended by
    striking ``Interstate Commerce Commission'' and inserting in lieu
    thereof ``Transportation Adjudication Panel''.

    SEC. 304. INTERNAL REVENUE CODE OF 1986 AMENDMENTS.

        (a) Section 3231.--Section 3231 of the Internal Revenue Code of
    1986 is amended--
                (1) by striking ``Interstate Commerce Commission'' in
            subsection (a) and inserting in lieu thereof ``Transportation
            Adjudication Panel''; and
                (2) by striking ``an express carrier, sleeping car carrier,
            or'' in subsection (g) and inserting in lieu thereof ``a''.
        (b) Section 7701.--Section 7701 of the Internal Revenue Code of
    1986 is amended--
                (1) in paragraph (33)(B), by striking ``Federal Power
            Commission'' and inserting in lieu thereof ``Federal Energy
            Regulatory Commission'';
                (2) in paragraph (33)(C)(i), by striking ``Interstate
            Commerce Commission'' and inserting in lieu thereof
            ``Transportation Adjudication Panel'';
                (3) in paragraph (33)(C)(ii), by striking ``Interstate
            Commerce Commission'' and inserting in lieu thereof ``Federal
            Energy Regulatory Commission'';
                (4) in paragraph (33)(F), by striking ``Interstate Commerce
            Commission under subchapter III of chapter 105'' and inserting
            in lieu thereof ``Transportation Adjudication Panel under
            subchapter II of chapter 135'';
                (5) in paragraph (33)(G), by striking ``subchapter I of
            chapter 105'' and inserting in lieu thereof ``part A of
            subtitle IV''; and
                (6) in paragraph (33)(H), by striking ``subchapter I of
            chapter 105'' and inserting in lieu thereof ``part A of
            subtitle IV''.

    SEC. 305. TITLE 28 AMENDMENTS.

        (a) Chapter 157 Amendments.--(1) Chapter 157 of title 28, United
    States Code, is amended--
                (A) by striking ``INTERSTATE COMMERCE COMMISSION'' in the
            chapter heading and inserting in lieu thereof ``TRANSPORTATION
            ADJUDICATION PANEL'';
                (B) by striking ``Commission's'' in the section heading of
            section 2321 and inserting in lieu thereof ``Panel's'';
                (C) by striking ``Interstate Commerce Commission'' each
            place it appears and inserting in lieu thereof ``Transportation
            Adjudication Panel'';
                (D) by striking ``Commission's'' each place it appears and
            inserting in lieu thereof ``Panel's''; and
                (E) by striking ``Commission'' each place it appears and
            inserting in lieu thereof ``Panel''.
        (2)(A) The item relating to chapter 157 in the table of chapters of
    title 28, United States Code, is amended by striking ``Interstate
    Commerce Commission'' and inserting in lieu thereof ``Transportation
    Adjudication Panel''.
        (B) The item relating to section 2321 in the table of sections of
    chapter 157 of title 28, United States Code, is amended by striking
    ``Commission's'' and inserting in lieu thereof ``Panel's''.
        (b) Chapter 158 Amendments.--Chapter 158 of title 28, United States
    Code, is amended--
                (1) by striking ``the Interstate Commerce Commission,'' in
            section 2341(3)(A);
                (2) by striking ``and'' at the end of section 2341(3)(C);
                (3) by striking the period at the end of section 2341(3)(D)
            and inserting in lieu thereof ``; and'';
                (4) by inserting at the end of section 2341(3) the
            following new subparagraph:
                        ``(E) the Panel, when the order was entered by the
                    Transportation Adjudication Panel.''; and
                (5) in section 2342, by--
                        (A) inserting ``or pursuant to part B of subtitle
                    IV of title 49, United States Code'' at the end of
                    paragraph (3)(A); and
                        (B) striking paragraph (5) and inserting the
                    following:
                ``(5) all rules, regulations, or final orders of the
            Transportation Adjudication Panel made reviewable by section
            2321 of this title; and''.

    SEC. 306. TITLE 39 AMENDMENTS.

        Title 39, United States Code, is amended--
                (1) in section 5005(b)(3), by striking ``Interstate
            Commerce Commission'' and inserting in lieu thereof
            ``Transportation Adjudication Panel''; and
                (2) in chapter 52--
                        (A) by amending paragraph (1) of section 5201 to
                    read as follows:
                ``(1) `Panel' means the Transportation Adjudication
            Panel;'';
                        (B) by striking subsection (f) of section 5203, and
                    redesignating subsection (g) of such section as
                    subsection (f);
                        (C) in subsection (f) of section 5203, as so
                    redesignated by subparagraph (B) of this paragraph, by
                    striking ``Commission'' and inserting in lieu thereof
                    ``Panel'';
                        (D) by striking ``Interstate Commerce Commission''
                    in the section heading of section 5207 and inserting in
                    lieu thereof ``Transportation Adjudication Panel'';
                        (E) by striking ``Commission's'' in section 5208(a)
                    and inserting in lieu thereof ``Panel's'';
                        (F) by striking ``Commission'' each place it
                    appears and inserting in lieu thereof ``Panel''; and
                        (G) in the item relating to section 5207 in the
                    table of sections, by striking ``Interstate Commerce
                    Commission'' and inserting in lieu thereof
                    ``Transportation Adjudication Panel''.

    SEC. 307. TITLE 49 AMENDMENTS.

        Title 49, United States Code, is amended--
                (1) in section 22106(e)(1) by striking ``application for
            abandonment of'' and inserting in lieu thereof ``notice of
            intent to abandon''; and
                (2) by repealing subsection (d) of section 24705.

                          Subtitle B--Other Amendments

    SEC. 311. AGRICULTURAL ADJUSTMENT ACT OF 1938 AMENDMENT.

        Section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C.
    1291) is amended--
                (1) by striking ``Interstate Commerce Commission'' each
            place it appears and inserting in lieu thereof ``Transportation
            Adjudication Panel'';
                (2) by striking ``Commission'' each place it appears and
            inserting in lieu thereof ``Panel''; and
                (3) by striking ``Commission's'' in subsection (b) and
            inserting in lieu thereof ``Panel's''.

    SEC. 312. ANIMAL WELFARE ACT AMENDMENT.

        Section 15(a) of the Animal Welfare Act (7 U.S.C. 2145(a)) is
    amended by striking ``Interstate Commerce Commission'' and inserting in
    lieu thereof ``Transportation Adjudication Panel''.

    SEC. 313. FEDERAL ELECTION CAMPAIGN ACT OF 1971 AMENDMENTS.

        Section 401 of the Federal Election Campaign Act of 1971 is
    amended--
                (1) by striking ``Interstate Commerce Commission shall each
            promulgate, within ninety days after the date of enactment of
            this Act'' and inserting in lieu thereof ``Transportation
            Adjudication Panel shall each maintain''; and
                (2) by inserting ``or Board'' after ``or such Commission''.

    SEC. 314. FAIR CREDIT REPORTING ACT AMENDMENT.

        Section 621(b)(4) of the Fair Credit Reporting Act (15 U.S.C.
    1681s(b)(4)) is amended by striking ``Interstate Commerce Commission
    with respect to any common carrier subject to those Acts'' and
    inserting in lieu thereof ``Secretary of Transportation, with respect
    to all carriers subject to the jurisdiction of the Transportation
    Adjudication Panel''.

    SEC. 315. EQUAL CREDIT OPPORTUNITY ACT AMENDMENT.

        Section 704(a)(4) of the Equal Credit Opportunity Act (15 U.S.C.
    1691c(a)(4)) is amended by striking ``Interstate Commerce Commission
    with respect to any common carrier subject to those Acts'' and
    inserting in lieu thereof ``Secretary of Transportation, with respect
    to all carriers subject to the jurisdiction of the Transportation
    Adjudication Panel''.

    SEC. 316. FAIR DEBT COLLECTION PRACTICES ACT AMENDMENT.

        Section 814(b)(4) of the Fair Debt Collection Practices Act (15
    U.S.C. 1692l(b)(4)) is amended by striking ``Interstate Commerce
    Commission with respect to any common carrier subject to those Acts''
    and inserting in lieu thereof ``Secretary of Transportation, with
    respect to all carriers subject to the jurisdiction of the
    Transportation Adjudication Panel''.

    SEC. 317. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.

        The National Trails System Act is amended--
                (1) in section 8(d)--
                        (A) by striking ``Chairman of the Interstate
                    Commerce Commission'' and inserting in lieu thereof
                    ``Director of the Transportation Adjudication Panel'';
                    and
                        (B) by striking ``Commission'' and inserting in
                    lieu thereof ``Panel''; and
                (2) in section 9(b), by striking ``Interstate Commerce
            Commission'' and inserting in lieu thereof ``Transportation
            Adjudication Panel''.

    SEC. 318. CLAYTON ACT AMENDMENTS.

        The Clayton Act is amended--
                (1) in section 7 (15 U.S.C. 18)--
                        (A) by striking ``Interstate Commerce Commission''
                    and inserting in lieu thereof ``Transportation
                    Adjudication Panel''; and
                        (B) by inserting ``, Board,'' after ``vesting such
                    power in such Commission'';
                (2) in section 11(a) (15 U.S.C. 21(a)), by striking
            ``Interstate Commerce Commission where applicable to common
            carriers subject to the Interstate Commerce Act, as amended''
            and inserting in lieu thereof ``Transportation Adjudication
            Panel where applicable to common carriers subject to subtitle
            IV of title 49, United States Code''; and
                (3) in section 16 (15 U.S.C. 22), by striking ``in equity
            for injunctive relief'' and all that follows through
            ``Interstate Commerce Commission'' and inserting in lieu
            thereof ``for injunctive relief against any common carrier
            subject to the jurisdiction of the Transportation Adjudication
            Panel under subtitle IV of title 49, United States Code''.

    SEC. 319. INSPECTOR GENERAL ACT OF 1978 AMENDMENT.

        Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C.
    App.) is amended by striking ``the Interstate Commerce Commission,''.

    SEC. 320. ENERGY POLICY ACT OF 1992 AMENDMENTS.

        Subsections (a) and (d) of section 1340 of the Energy Policy Act of
    1992 (42 U.S.C. 13369(a) and (d)) are amended by striking ``Interstate
    Commerce Commission'' and inserting in lieu thereof ``Transportation
    Adjudication Panel''.

    SEC. 321. MERCHANT MARINE ACT, 1920, AMENDMENTS

        The Merchant Marine Act, 1920, is amended--
                (1) in section 8 (46 U.S.C. App. 867)--
                        (A) by striking ``Interstate Commerce Commission''
                    both places it appears and inserting in lieu thereof
                    ``Transportation Adjudication Panel''; and
                        (B) by striking ``commission'' and inserting in
                    lieu thereof ``board''; and
                (2) in section 28 (46 U.S.C. App. 884)--
                        (A) by striking ``Interstate Commerce Commission''
                    and inserting in lieu thereof ``Transportation
                    Adjudication Panel''; and
                        (B) by striking ``commission'' each place it
                    appears and inserting in lieu thereof ``Panel''.

    SEC. 322. RAILWAY LABOR ACT AMENDMENTS.

        Section 1 of the Railway Labor Act (45 U.S.C. 151) is amended--
                (1) by striking ``express company, sleeping-car company,
            carrier by railroad, subject to the Interstate Commerce Act''
            in the first paragraph and inserting in lieu thereof ``railroad
            subject to the jurisdiction of the Transportation Adjudication
            Panel'';
                (2) by striking ``Interstate Commerce Commission'' each
            place it appears in the first and fifth paragraphs and
            inserting in lieu thereof ``Transportation Adjudication
            Panel''; and
                (3) by striking ``Commission'' each place it appears in the
            fifth paragraph and inserting in lieu thereof ``Panel''.

    SEC. 323. RAILROAD RETIREMENT ACT OF 1974 AMENDMENTS.

        Section 1 of the Railroad Retirement Act of 1974 (45 U.S.C. 231) is
    amended--
                (1) by amending subsection (a)(1)(i) to read as follows:
                ``(i) any carrier by railroad subject to the jurisdiction
            of the Transportation Adjudication Panel under part A of
            subtitle IV of title 49, United States Code;'';
                (2) by striking ``Interstate Commerce Commission is hereby
            authorized and directed upon request of the Board'' in
            subsection (a)(2)(ii) and inserting in lieu thereof
            ``Transportation Adjudication Panel is hereby authorized and
            directed upon request of the Railroad Retirement Board''; and
                (3) by striking ``Interstate Commerce Commission'' in
            subsection (o) and inserting in lieu thereof ``Transportation
            Adjudication Panel''.

    SEC. 324. RAILROAD UNEMPLOYMENT INSURANCE ACT AMENDMENTS.

        The Railroad Unemployment Insurance Act is amended--
                (1) by striking ``Interstate Commerce Commission is hereby
            authorized and directed upon request of the Board'' in section
            1(a) (45 U.S.C. 351(a)) and inserting in lieu thereof
            ``Transportation Adjudication Panel is hereby authorized and
            directed upon request of the Railroad Retirement Board'';
                (2) by amending paragraph (b) of such section 1 to read as
            follows:
        ``(b) The term `carrier' means a railroad subject to the
    jurisdiction of the Transportation Adjudication Panel under part A of
    subtitle IV of title 49, United States Code.'';
            and
                (3) by striking ``Interstate Commerce Commission, adjusted,
            as determined by the Board'' in section 2(h)(3) (45 U.S.C.
            352(h)(3)) and inserting in lieu thereof ``Transportation
            Adjudication Panel, adjusted, as determined by the Railroad
            Retirement Board''.

    SEC. 325. EMERGENCY RAIL SERVICES ACT OF 1970 AMENDMENTS.

        The Emergency Rail Services Act of 1970 is amended--
                (1) by amending paragraph (2) of section 2 (45 U.S.C.
            661(2)) to read as follows:
                ``(2) `Panel' means the Transportation Adjudication
            Panel.'';
                (2) by striking ``Interstate Commerce Commission'' in
            section 6(a) (45 U.S.C. 665(a)) and inserting in lieu thereof
            ``Panel''; and
                (3) by striking ``Commission'' each place it appears and
            inserting in lieu thereof ``Panel''.

    SEC. 326. ALASKA RAILROAD TRANSFER ACT OF 1982 AMENDMENTS.

        Section 608 of the Alaska Railroad Transfer Act of 1982 (45 U.S.C.
    1207) is amended by striking ``Interstate Commerce Commission'' each
    place it appears and inserting in lieu thereof ``Transportation
    Adjudication Panel''.

    SEC. 327. REGIONAL RAIL REORGANIZATION ACT OF 1973 AMENDMENTS.

        The Regional Rail Reorganization Act of 1973 is amended--
                (1) in section 304(d)(3) (45 U.S.C. 744(d)(3))--
                        (A) by striking ``this title,'' and all that
                    follows through ``(A) shall take'' and inserting in
                    lieu thereof ``this title, the Commission shall take'';
                    and
                        (B) by striking ``this subsection; and'' and all
                    that follows through ``205(d)(6) of this Act'' and
                    inserting in lieu thereof ``this subsection'';
                (2) in section 308 (45 U.S.C. 748)--
                        (A) by repealing subsection (d); and
                        (B) by striking the first sentence of subsection
                    (f); and
                (3) in section 707 (45 U.S.C. 797f)--
                        (A) by inserting ``(a)'' at the beginning of the
                    text; and
                        (B) by adding at the end the following new
                    subsections:
        ``(b) Notwithstanding any agreement or arrangement in effect as of
    the date of the enactment of this subsection, the Corporation may not
    sell or transfer ownership or management, in whole or in part, of any
    facility acquired by the Corporation under this Act that is used for
    the repair, rehabilitation, or maintenance of cars or locomotives,
    without first obtaining the expess consent of the authorized
    representatives of the employees at such facility covered by collective
    bargaining agreements. Any transaction undertaken in violation of this
    subsection shall be considered a change in the status quo in violation
    of the Railway Labor Act.
        ``(c) Notwithstanding any agreement or arrangement in effect as of
    the date of the enactment of this subsection, any transfer by the
    Corporation of ownership, in whole or in part, of a car or locomotive
    that was repaired, rehabilitated, or maintained, before the date of the
    enactment of this subsection, at a facility acquired by the Corporation
    under this Act, without first obtaining the express consent of the
    authorized representatives of the employees at such facility covered by
    collective bargaining agreements, is prohibited. Any transaction
    undertaken in violation of this subsection shall be considered a change
    in the status quo in violation of the Railway Labor Act.''.

    SEC. 328. MILWAUKEE RAILROAD RESTRUCTURING ACT AMENDMENT.

        Section 18 of the Milwaukee Railroad Restructuring Act (45 U.S.C.
    916) is repealed.

    SEC. 329. ROCK ISLAND RAILROAD TRANSITION AND EMPLOYEE ASSISTANCE ACT
                  AMENDMENTS.

        The Rock Island Railroad Transition and Employee Assistance Act is
    amended--
                (1) in section 104(a) (45 U.S.C. 1003(a)) by striking
            ``section 11125 of title 49, United States Code, or''; and
                (2) by repealing section 120 (45 U.S.C. 1015).

    SEC. 330. RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 1976
                  AMENDMENTS.

        The Railroad Revitalization and Regulatory Reform Act of 1976 is
    amended--
                (1) in section 505(a)(3) (45 U.S.C. 825(a)(3))--
                        (A) by striking ``A financially responsible person
                    (as defined in section 10910(a)(1) of title 49, United
                    States Code)'' and inserting in lieu thereof ``(A) A
                    financially responsible person''; and
                        (B) by inserting at the end the following new
                    subparagraph:
        ``(B) For purposes of this paragraph, the term `financially
    responsible person' means a person who (i) is capable of paying the
    constitutional minimum value of the railroad line proposed to be
    acquired, and (ii) is able to assure that adequate transportation will
    be provided over such line for a period of not less than 3 years. Such
    term includes a governmental authority but does not include a class I
    or class II rail carrier.'';
                (2) in section 509(b) (45 U.S.C. 829(b)) by striking
            paragraph (2); and
                (3) in section 510 (45 U.S.C. 830) by striking ``the
            provisions of section 20a of the Interstate Commerce Act (49
            U.S.C. 20a), nor''.

    SEC. 331. SERVICE CONTRACT ACT OF 1965 AMENDMENT.

        Section 7(3) of the Service Contract Act of 1965 (41 U.S.C. 356(3))
    is amended by striking ``where published tariff rates are in effect''.

    SEC. 332. FISCAL YEAR 1982 CONTINUING RESOLUTION AMENDMENT.

        Section 115 of the Joint Resolution entitled ``Joint Resolution
    making further continuing appropriations for the fiscal year 1982, and
    for other purposes'' (95 Stat. 1196) is repealed.

    SEC. 333. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT.

        Section 401(b) of the Migrant and Seasonal Agricultural Worker
    Protection Act (29 U.S.C. 1841(b)) is amended by--
                (1) striking ``part II of the Interstate Commerce Act (49
            U.S.C. 301 et seq.) , or any successor provision of'' in
            paragraph (2)(C) and inserting ``part B of''; and
                (2) striking ``part II of the Interstate Commerce Act (49
            U.S.C. 301 et seq.), and any successor provision of'' in
            paragraph (3) and inserting ``part B of''.

    SEC. 334. FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT OF 1994.

        Section 601(d) of the Federal Aviation Administration Authorization
    Act of 1994 (Public Law 103-305) is amended by striking all after
    ``subsection (c)'' and inserting ``shall not take effect as long as
    section 11501(g)(2) of title 49, United States Code, applies to that
    State.''.

    SEC. 335. TERMINATION OF CERTAIN MARITIME AUTHORITY.

        (a) Repeal of Intercoastal Shipping Act, 1933.--The Act of March 3,
    1933 (Chapter 199; 46 App. U.S.C. 843 et seq.), commonly referred to as
    the Intercoastal Shipping Act, 1933, is repealed effective September
    30, 1996.
        (b) Repeal of Provisions of Shipping Act, 1916.--The following
    provisions of the Shipping Act, 1916, are repealed effective September
    30, 1996:
                (1) Section 3 (46 U.S.C. App. 804).
                (2) Section 14 (46 U.S.C. App. 812).
                (3) Section 15 (46 U.S.C. App. 814).
                (4) Section 16 (46 U.S.C. App. 815).
                (5) Section 17 (46 U.S.C. App. 816).
                (6) Section 18 (46 U.S.C. App. 817).
                (7) Section 19 (46 U.S.C. App. 818).
                (8) Section 20 (46 U.S.C. App. 819).
                (9) Section 21 (46 U.S.C. App. 820).
                (10) Section 22 (46 U.S.C. App. 821).
                (11) Section 23 (46 U.S.C. App. 822).
                (12) Section 24 (46 U.S.C. App. 823).
                (13) Section 25 (46 U.S.C. App. 824).
                (14) Section 27 (46 U.S.C. App. 826).
                (15) Section 29 (46 U.S.C. App. 828).
                (16) Section 30 (46 U.S.C. App. 829).
                (17) Section 31 (46 U.S.C. App. 830).
                (18) Section 32 (46 U.S.C. App. 831).
                (19) Section 33 (46 U.S.C. App. 832).
                (20) Section 35 (46 U.S.C. App. 833a).
                (21) Section 43 (46 U.S.C. App. 841a).
                (22) Section 45 (46 U.S.C. App. 841c).
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