[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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