[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2539 Reported in House (RH)]
Union Calendar No. 163
104th CONGRESS
1st Session
H. R. 2539
[Report No. 104-311]
_______________________________________________________________________
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.
_______________________________________________________________________
November 6, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 163
104th CONGRESS
1st Session
H. R. 2539
[Report No. 104-311]
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
November 6, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on October
26, 1995]
_______________________________________________________________________
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, ferry, and
intermodal equipment 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
Federal or State law.
``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) The jurisdiction of the Panel over--
``(1) transportation by rail carriers, and the remedies
provided in this part with respect to rates, classifications,
rules (including car service, interchange, and other operating
rules), practices, routes, services, 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.
``(c)(1) In this subsection--
``(A) the term `local governmental authority'--
``(i) has the same meaning given that term by
section 5302(a) of this title; and
``(ii) includes a person or entity that contracts
with the local governmental authority to provide
transportation services; and
``(B) the term `mass transportation' means transportation
services described in section 5302(a) of this title that are
provided by rail.
``(2) Except as provided in paragraph (3), the Panel does not have
jurisdiction under this part over mass transportation provided by a
local governmental authority.
``(3)(A) Notwithstanding paragraph (2) of this subsection, a local
governmental authority, described in paragraph (2), is subject to
applicable laws of the United States related to--
``(i) safety;
``(ii) the representation of employees for collective
bargaining; and
``(iii) employment retirement, annuity, and unemployment
systems or other provisions related to dealings between
employees and employers.
``(B) The Panel has jurisdiction under sections 10902 and 10903 of
this title over mass transportation provided by a local governmental
authority.
``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, determine whether to begin
an appropriate proceeding. If the Panel decides not to begin a
proceeding, the reasons for the decision 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. The Panel shall,
within 90 days after receipt of a request for revocation under this
subsection, determine whether to begin an appropriate proceeding. If
the Panel decides not to begin a proceeding, the reasons for the
decision shall be published in the Federal Register. Any proceeding
begun as a result of a request under this subsection shall be completed
within one year after it is begun.
``(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
``Sec.
``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.
``10546. Designation of certain routes by shippers.
``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 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 reasonable--
``(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,
within 90 days after the start of a proceeding, 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)(A) 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.
``(B) For purposes of this section, variable costs for a Class I
rail carrier shall be determined only by using such carrier's
unadjusted costs, calculated using the Panel's Rail Form A cost finding
methodology (or an alternative methodology adopted by the Panel in lieu
thereof) and indexed quarterly to account for current wage and price
levels in the region in which the carrier operates, with adjustments
specified by the Panel. A rail carrier may meet its burden of proof
under this subsection by establishing its variable costs in accordance
with this paragraph, but a shipper may rebut that showing by evidence
of such type, and in accordance with such burden of proof, as the Panel
shall prescribe.
``(2) 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.
``(c) The Panel shall, as often as practicable, but in no event
less often than quarterly, publish a rail cost adjustment factor which
shall be a fraction, the numerator of which is the latest published
Index of Railroad Costs (which index shall be compiled or verified by
the Panel, with appropriate adjustments to reflect the changing
composition of railroad costs, including the quality and mix of
material and labor) and the denominator of which is the same index for
the fourth quarter of every fifth year.
``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.
``(e) Any lawful contract between a rail carrier and one or more
purchasers of rail service that was in effect on the effective date of
the Staggers Rail Act of 1980 shall be considered a contract authorized
by this section.
``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)(1) 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.
``(2) For purposes of this section, a rail carrier engages in
unreasonable discrimination when it charges or receives from a person a
different compensation for a service rendered, or to be rendered, in
transportation the rail carrier may perform under this part than it
charges or receives from another person for performing a like and
contemporaneous service in the transportation of a like kind of traffic
under substantially similar circumstances.
``(b) This section shall not apply to--
``(1) contracts described in section 10509 of this title;
``(2) rail rates applicable to different routes; or
``(3) discrimination against the traffic of another carrier
providing transportation by any mode.
``(c) Differences between rates, classifications, rules, and
practices of rail carriers do not constitute a violation of this
section if such differences result from different services provided by
rail carriers.
``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.
``Sec. 10546. Designation of certain routes by shippers
``(a)(1) When a person delivers property to a rail carrier for
transportation subject to the jurisdiction of the Panel under this
part, the person may direct the rail carrier to transport the property
over an established through route. When competing rail lines constitute
a part of the route, the person shipping the property may designate the
lines over which the property will be transported. The designation must
be in writing. A rail carrier may be directed to transport property
over a particular through route when--
``(A) there are at least 2 through routes over which the
property could be transported;
``(B) a through rate has been established for
transportation over each of those through routes; and
``(C) the rail carrier is a party to those routes and
rates.
``(2) A rail carrier directed to route property transported under
paragraph (1) of this subsection must issue a through bill of lading
containing the routing instructions and transport the property
according to the instructions. When the property is delivered to a
connecting rail carrier, that rail carrier must also receive and
transport it according to the routing instructions and deliver it to
the next succeeding rail carrier or consignee according to the
instructions.
``(b) The Panel may prescribe exceptions to the authority of a
person to direct the movement of traffic under subsection (a) of this
section.
``CHAPTER 107--LICENSING
``Sec.
``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) The Panel may require any rail carrier proposing both to
construct and operate a new railroad line pursuant to this section to
provide a fair and equitable arrangement for the protection of the
interests of railroad employees who may be affected thereby no less
protective of and beneficial to the interests of such employees than
those established pursuant to section 11126 of this title.
``(f) Subsections (a), (b), (c), and (e) 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 (as defined by the Panel) 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. An
abandonment or discontinuance may be carried out only as authorized
under this chapter.
``(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) or subsection (d),
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 or provides for
appropriate trackage rights.
``(3) The Panel shall require as a condition of any abandonment or
discontinuance under this section provisions to protect the interests
of employees. The provisions shall be at least as beneficial to those
interests as the provisions established under sections 11126 and
24706(c) of this title.
``(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.
``(d) The Panel may disapprove a proposed abandonment or
discontinuance if the Panel finds it inconsistent with the public
convenience and necessity.
``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 in accordance with
section 10703.
``(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
``Sec.
``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
reasonable 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 request,
rates and other service terms. The response by a rail carrier to a
request for rates and other service terms shall be--
``(1) in writing and forwarded to the requesting person
promptly after receipt of the request; or
``(2) promptly made available in electronic form.
``(c) A rail carrier may not increase any common carrier rates or
change any common carrier service terms unless written notice is
provided in accordance with subsection (d) to--
``(1) any person who has requested such rates or terms
under subsection (b); and
``(2) any person who has made arrangements with the carrier
for a shipment that would be subject to such increased rates or
changed terms.
``(d) The Panel shall, by regulation, establish rules to implement
this section, including appropriate periods of notice.
``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.
``(c) When there is a shortage of equipment, congestion of traffic,
or other emergency declared by the Panel, it may prescribe temporary
through routes that are desirable in the public interest on its own
initiative or on application without regard to subchapter II of chapter
7 of this title, and subchapter II of chapter 5 of title 5.
``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 `rail carrier' and `lessor' include a
receiver or trustee of a rail carrier 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 Panel under
this part; and
``(3) the term `association' means an organization
maintained by or in the interest of a group of rail carriers
providing transportation or service subject to the jurisdiction
of the Panel 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 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 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 or lessor; and
``(2) inspect and copy any record of--
``(A) a rail carrier, 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, lessors, and persons furnishing cars.
``Sec. 10945. Reports by rail carriers, lessors, and associations
``(a) The Panel may require rail carriers, 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,
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
``Sec.
``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 or security interest in railroad cars,
locomotives, or other rolling stock, or accessories used on such
railroad cars, locomotives, or other rolling stock (including
superstructures and racks), 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.
``(e) A mortgage, lease, equipment trust agreement, conditional
sales agreement, or other instrument evidencing the mortgage, lease,
conditional sale, or bailment of or security interest in railroad cars,
locomotives, or other rolling stock, or accessories used on such
railroad cars, locomotives, or other rolling stock (including
superstructures and racks), or any assignment thereof, which--
``(1) is duly constituted under the laws of a country other
than the United States; and
``(2) relates to property that bears the reporting marks
and identification numbers of any person domiciled in or
corporation organized under the laws of such country,
shall be recognized with the same effect as having been filed under
this section.
``(f) Interests with respect to which documents are filed or
recognized under this section are deemed perfected in all
jurisdictions, and shall be governed by applicable State or foreign law
in all matters not specifically governed by this section.
``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 section 5(2)(f) of the Interstate Commerce Act 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)
of 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) 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 rail 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, 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 a 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 or vehicles 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 transportation subject to
jurisdiction under chapter 135 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 carrier, a broker, or a
freight forwarder providing transportation or service subject to
jurisdiction under chapter 135 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 and possessions 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 chapter 135 for
transportation or service involving--
``(A) a movement of household goods described in
section 13102(9)(A), or
``(B) a rate for a movement by or 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.
``(c) Zone of Reasonableness.--
``(1) In general.--For purposes of this section, a rate or
division of a carrier for service in noncontiguous domestic
trade is reasonable if the aggregate of increases and decreases
in any such rate or division is not more than 10 percent above,
or more than 10 percent below, the rate or division in effect 1
year before the effective date of the proposed rate or
division.
``(2) Adjustments to the zone.--The percentage specified in
paragraph (1) shall be increased or decreased, as the case may
be, by the percentage change in the Producers Price Index, as
published by the Department of Labor, that has occurred during
the most recent 1-year period before the date the rate or
division in question first took effect.
``Sec. 13702. Tariff requirement for certain transportation
``(a) In General.--A carrier subject to jurisdiction under chapter
135 may provide transportation or service that is--
``(1) in noncontiguous domestic trade, except with regard
to bulk cargo, forest products, recycled metal scrap, waste
paper, and paper waste; 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) Inland divisions.--A carrier providing transportation
or service described in subsection (a)(1) under a joint rate
for a through movement shall not be required to state
separately or otherwise reveal in tariff filings the inland
divisions of that through rate.
``(4) Time-volume rates.--Rates in tariffs filed under this
subsection may vary with the volume of cargo offered over a
specified period of time.
``(5) 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 if that tariff violates this
section or a regulation of the Panel carrying out this section.
``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) Registration of private recipients of governmental
assistance.--The Secretary shall register under subsection
(a)(1) a private recipient of governmental assistance to
provide special or charter transportation subject to
jurisdiction under subchapter I of chapter 135 as a motor
carrier of passengers if the Secretary finds that the recipient
meets the requirements of subsection (a)(1), unless the
Secretary finds, on the basis of evidence presented by any
person objecting to the registration, that the transportation
to be provided pursuant to the registration is not in the
public interest.
``(2) Registration of public recipients of governmental
assistance.--
``(A) Charter transportation.--The Secretary shall
register under subsection (a)(1) a public recipient of
governmental assistance to provide special or charter
transportation subject to jurisdiction under subchapter
I of chapter 135 as a motor carrier of passengers if
the Secretary finds that--
``(i) the recipient meets the requirements
of subsection (a)(1); and
``(ii)(I) no motor carrier of passengers
(other than a motor carrier of passengers which
is a public recipient of governmental
assistance) is providing, or is willing to
provide, the transportation; or
``(II) the transportation is to be provided
entirely in the area in which the public
recipient provides regularly scheduled mass
transportation services.
``(B) Regular-route transportation.--The Secretary
shall register under subsection (a)(1) a public
recipient of governmental assistance to provide
regular-route transportation subject to jurisdiction
under subchapter I of chapter 135 as a motor carrier of
passengers if the Secretary finds that the recipient
meets the requirements of subsection (a)(1), unless the
Secretary finds, on the basis of evidence presented by
any person objecting to the registration, that the
transportation to be provided pursuant to the
registration is not in the public interest.
``(C) Treatment of certain public recipients.--Any
public recipient of governmental assistance which is
providing or seeking to provide transportation of
passengers subject to jurisdiction under subchapter I
of chapter 135 shall, for purposes of this part, be
treated as a person which is providing or seeking to
provide transportation of passengers subject to such
jurisdiction.
``(3) 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.
``(4) 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.
``(5) 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.
``(6) 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.
``(7) 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.
``(8) Definitions.--In this subsection, the following
definitions apply:
``(A) Public recipient of governmental
assistance.--The term `public recipient of governmental
assistance' means--
``(i) any State,
``(ii) any municipality or other political
subdivision of a State,
``(iii) any public agency or
instrumentality of one or more States and
municipalities and political subdivisions of a
State,
``(iv) any Indian tribe,
``(v) any corporation, board, or other
person owned or controlled by any entity
described in clause (i), (ii), (iii), or (iv),
and
which before, on, or after the effective date of this
subsection received governmental assistance for the
purchase or operation of any bus.
``(B) Private recipient of government assistance.--
The term `private recipient of government assistance'
means any person (other than a person described in
subparagraph (A)) who before, on, or after the
effective date of this paragraph received governmental
financial assistance in the form of a subsidy for the
purchase, lease, or operation of any bus.
``(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 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) 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 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 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 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 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 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.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Household goods.--The term `household goods' has the
meaning such term had under section 10102(11) of this title, as
in effect on the day before the effective date of this section.
``(2) Transportation.--The term `transportation' means
transportation that would be subject to the jurisdiction of the
Interstate Commerce Commission under subchapter II of chapter
105 of this title, as in effect on the day before such
effective date, if such subchapter were still in effect.
``Sec. 13908. Registration and other reforms
``(a) Regulations Replacing Certain Programs.--The Secretary, in
cooperation with the States, and after notice and opportunity for
public comment, 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 this chapter, and the financial responsibility information
system under section 13906 with a single, on-line, Federal system. The
new system shall serve as a clearinghouse and depository of information
on and identification of all foreign and domestic motor carriers,
brokers, and 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), 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.
``(6) How, and under what conditions, to extend the
registration system to motor private carriers and to carriers
exempt under sections 13502, 13503, and 13506.
``(c) Fee System.--The Secretary may establish, under section 9701
of title 31, a fee system for registration and filing evidence of
financial responsibility under the new system under subsection (a).
Fees collected under the fee system shall cover the costs of operating
and upgrading the registration system, including all personnel costs
associated with the system. Fees collected under this subsection may be
credited to the Department of Transportation appropriations account for
purposes for which such fees are collected, and shall be available for
expenditure until expended.
``(d) State Registration Programs.--If the Secretary determines
that no State should require insurance filings or collect fees for such
filings under section 14504, the Secretary may prevent any State or
political subdivision thereof, or any political authority of 2 or more
States, from imposing any insurance filing requirements or fees that
are for the same purposes as filings or fees the Secretary requires
under the new system under subsection (a).
``(e) Deadline for Conclusion; Modifications.--Not later than 24
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
``(a) In General.--The Secretary shall require Class I motor
carriers, and may require Class II motor carriers, to file with the
Secretary annual financial and safety reports, the form and substance
of which shall be prescribed by the Secretary; except that, at a
minimum, such reports shall include balance sheets and income
statements.
``(b) Matters To Be Covered.--In determining the matters to be
covered by any reports to be filed under subsection (a), the Secretary
shall consider--
``(1) safety needs;
``(2) the need to preserve confidential business
information and trade secrets and prevent competitive harm;
``(3) private sector, academic, and public use of
information in the reports; and
``(4) the public interest.
``(c) Exemption From Public Release.--
``(1) In general.--The Secretary shall allow, upon request,
a filer of a report under subsection (a) that is not a publicly
held corporation or that is not subject to financial reporting
requirements of the Securities and Exchange Commission, an
exemption from the public release of such report.
``(2) Procedure.--After a request under paragraph (1) and
notice and opportunity for comment but no event later than 90
days after the date of such request, the Secretary shall
approve such request if the Secretary finds that the exemption
requested is necessary to avoid competitive harm and to avoid
the disclosure of information that qualifies as a trade secret
or privileged or confidential information under section
552(b)(4) of title 5.
``(3) Use of data for internal dot purposes.--If an
exemption is granted under this subsection, nothing shall
prevent the Secretary from using data from reports filed under
this subsection for internal purposes of the Department of
Transportation or including such data in aggregate industry
statistics released for publication if such inclusion would not
render the filer's data readily identifiable.
``(4) Period of exemptions.--Exemptions granted under this
subsection shall be for 3-year periods.
``(5) Pending requests.--The Secretary shall not release
publicly the report of a carrier making a request under
paragraph (1) while such request is pending.
``(d) Streamlining and Simplification.--The Secretary shall
streamline and simplify, to the maximum extent practicable, any
reporting requirements the Secretary imposes under this section.
``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 in accordance
with this section to shippers of household goods arbitration as a means
of settling disputes between such carriers and shippers of household
goods concerning damage or loss to the household goods transported.
``(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 dispute involves a claim for $1,000 or
less and the shipper requests arbitration, such arbitration
shall be binding on the parties. If the dispute involves a
claim for more than $1,000 and the shipper requests
arbitration, such arbitration shall be binding on the parties
only if the carrier agrees to arbitration.
``(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) Minimum Financial Responsibility Requirements With Respect to
Certain Mass Transportation Service.--Section 31138(e) is amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) providing mass transportation service within a
transit service area in other than urbanized areas under an
agreement with a State or local government funded, in whole or
in part, with a grant under section 5310 or 5311, including
transportation designed and carried out to meet the special
needs of elderly individuals and individuals with disabilities;
provided that, in any case in which the transit service area is
located in more than 1 State, the minimum level of financial
responsibility for such motor vehicle will be at least the
highest level required for any of such States.''.
(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.
(f) Automobile Transporters Defined.--The Secretary of
Transportation shall issue a regulation amending the definition of
automobile transporters under part 658 of title 23, Code of Federal
Regulations, to mean any vehicle combination designed and used
specifically for the transport of assembled (capable of being driven)
highway vehicles, race car transporters, or specialty trailers designed
for the racing industry with a 10-foot 1-inch spread axle setting.
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. In the case of an individual who becomes a member of the
Panel pursuant to paragraph (4), or 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 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;
``(3) obtain from those carriers, brokers, and persons
information the Panel decides is necessary to carry out
subtitle IV; and
``(4) when necessary to prevent irreparable harm, issue an
appropriate order without regard to subchapter II of chapter 5
of title 5.
``(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''; and
(D) 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'' before the
semicolon 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 sections
5208(a) and 5215(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 ``an application for
abandonment of'' and inserting in lieu thereof ``a 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 inserting ``the Transportation Adjudication Panel,''
after ``the Interstate Commerce Commission,'' in subsection
(o).
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--
(1) by striking ``Interstate Commerce Commission'' each
place it appears and inserting in lieu thereof ``Transportation
Adjudication Panel''; and
(2) by striking ``Commission'' in subsection (b) and
inserting in lieu thereof ``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''; and
(2) 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 other provision of this Act or 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 or subsection
(c) shall be considered in violation of section 6 of the Railway Labor
Act, and shall be actionable as such.
``(c) Notwithstanding any other provision of this Act or 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, other than for scrappage, 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 the Corporation's
principal maintenance facility covered by collective bargaining
agreements, is prohibited.''.
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'' (Public Law 97-92; 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).
SEC. 336. DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
APPROPRIATION ACT, 1982 AMENDMENT.
Section 402 of the Department of Transportation and Related
Agencies Appropriation Act, 1982 (Public Law 97-102; 95 Stat. 1465) is
repealed.
HR 2539 RH----2
HR 2539 RH----3
HR 2539 RH----4
HR 2539 RH----5
HR 2539 RH----6
HR 2539 RH----7
HR 2539 RH----8
HR 2539 RH----9
HR 2539 RH----10
HR 2539 RH----11
HR 2539 RH----12
HR 2539 RH----13
HR 2539 RH----14
HR 2539 RH----15
HR 2539 RH----16
HR 2539 RH----17
HR 2539 RH----18
HR 2539 RH----19
HR 2539 RH----20