[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1396 Introduced in Senate (IS)]

  1st Session
                                S. 1396

To amend title 49, United States Code, to provide for the regulation of 
                        surface transportation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 3, 1995

Mr. Pressler (for himself and Mr. Exon) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to provide for the regulation of 
                        surface transportation.

    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 ``Interstate Commerce Commission 
Sunset Act of 1995''.

SEC. 2. AMENDMENT OF TITLE 49.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 49, United States 
Code.

SEC. 3. TABLE OF SECTIONS.

    The table of sections for this Act is as follows:

                        Section 1. Short title.................       1
                        Sec. 2. Amendment of title 49..........       1
                        Sec. 3. Table of sections..............       2
        TITLE I--TERMINATION OF THE INTERSTATE COMMERCE 
            COMMISSION; REPEAL OF OBSOLETE AND UNNECESSARY 
            PROVISIONS OF LAW                                         8
        Subtitle A--Termination of ICC                                8
                        Sec. 101. Agency termination...........       8
                        Sec. 102. Savings provisions...........       8
                        Sec. 103. References to the ICC in           11
                            other laws.
        Subtitle B--Repeal of Obsolete, Etc., Provisions             11
                        Sec. 121. Repeal of provisions.........      11
                        Sec. 122. Coverage of certain entities       23
                            under other, unrelated Acts not 
                            affected.
        TITLE II--INTERMODAL SURFACE TRANSPORTATION BOARD            23
        Subtitle A--Organization                                     23
                        Sec. 201. Amendment to subchapter I....      23
        ``Subchapter I--Establishment                                23
                        ``Sec. 10301. Establishment of               23
                            transportation board.
                        ``Sec. 10302. Functions................      27
                        ``Sec. 10303. Administrative provisions      27
                        ``Sec. 10304. Annual report............      29
                        Sec. 202. Administrative support.......      29
                        Sec. 203. Reorganization...............      29
                        Sec. 204. Transfer of assets...........      30
        Subtitle B--Administrative                                   30
                        Sec. 211. Powers.......................      30
                        Sec. 212. Commission action............      31
                        Sec. 213. Service of notice in               33
                            Commission proceedings.
                        Sec. 214. Service of process in court        34
                            proceedings.
                        Sec. 215. Federal Highway                    35
                            Administration rulemaking.
        TITLE III--RAIL AND PIPELINE TRANSPORTATION                  35
                        Sec. 301. General changes in references      35
                            to Commission, etc.
                        Sec. 302. Rail transportation policy...      37
                        Sec. 303. Definitions..................      37
                        Sec. 304. General jurisdiction.........      38
                        Sec. 305. Railroad and water                 39
                            transportation connections and 
                            rates.
                        Sec. 306. Authority to exempt rail           39
                            carrier and motor carrier 
                            transportation.
                        Sec. 307. Standards for rates,               41
                            classifications, etc.
                        Sec. 308. Standards for rates for rail       42
                            carriers.
                        Sec. 309. Authority for carriers to          43
                            establish rates, classifications, 
                            etc.
                        Sec. 310. Authority for carriers to          44
                            establish through routes.
                        Sec. 311. Authority and criteria for         44
                            prescribed rates, classifications, 
                            etc.
                        Sec. 312. Authority for prescribed           45
                            through routes, joint 
                            classifications, etc.
                        Sec. 313. Antitrust exemption for rate       46
                            agreements.
                        Sec. 314. Investigation and suspension       47
                            of new rail rates, etc.
                        Sec. 315. Zone of rail carrier rate          48
                            flexibility.
                        Sec. 316. Investigation and suspension       51
                            of new pipeline carrier rates, etc.
                        Sec. 317. Determination of market            52
                            dominance.
                        Sec. 318. Contracts....................      54
                        Sec. 319. Rates and liability based on       56
                            value.
                        Sec. 320. Prohibitions against               56
                            discrimination by common carriers.
                        Sec. 321. Facilities for interchange of      57
                            traffic.
                        Sec. 322. Liability for payment of           57
                            rates.
                        Sec. 323. Continuous carriage of             58
                            freight.
                        Sec. 324. Transportation services or         58
                            facilities furnished by shipper.
                        Sec. 325. Demurrage charges............      58
                        Sec. 326. Transportation prohibited          59
                            without tariff.
                        ``Sec. 10761. Transportation prohibited      59
                            without tariff.
                        Sec. 326. General elimination of tariff      59
                            filing requirements.
                        ``Sec. 10762. General elimination of         59
                            tariff filing requirements.
                        Sec. 327. Designation of certain routes      62
                        Sec. 328. Authorizing construction and       62
                            operation of railroad lines.
                        Sec. 329. Authorizing action to provide      63
                            facilities.
                        Sec. 330. Authorizing abandonment and        63
                            discontinuance.
                        Sec. 331. Filing and procedure for           63
                            applications to abandon or 
                            discontinue.
                        Sec. 332. Exceptions...................      64
                        Sec. 333. Railroad development.........      64
                        Sec. 334. Providing transportation,          64
                            service, and rates.
                        ``Sec. 11101. Providing transportation,      64
                            service, and rates.
                        Sec. 335. Use of terminal facilities...      66
                        Sec. 336. Switch connections and tracks      66
                        Sec. 337. Criteria.....................      66
                        Sec. 338. Rerouting traffic on failure       67
                            of rail carrier to serve public.
                        Sec. 339. Directed rail transportation.      67
                        Sec. 340. War emergencies; embargoes...      67
                        Sec. 341. Definitions for subchapter         67
                            III.
                        ``Sec. 11141. Definitions..............      67
                        Sec. 342. Depreciation charges.........      68
                        Sec. 343. Records, etc.................      68
                        Sec. 344. Reports by carriers, lessors,      69
                            and associations.
                        Sec. 345. Accounting and cost reporting      69
                        Sec. 346. Equipment trusts.............      69
                        Sec. 347. Restrictions on officers and       71
                            directors.
                            Sec. 348. Limitation on pooling      71
                                and division of 
                                transportation or earnings.
                            Sec. 349. Consolidation,             72
                                merger, and acquisition of 
                                control.
                            Sec. 350. General procedure and      72
                                conditions of approval for 
                                consolidation, etc.
                            Sec. 351. Rail carrier               73
                                procedure for 
                                consolidation, etc.
                            Sec. 352. Employee protective        74
                                arrangements.
                            Sec. 353. Authority over             74
                                noncarrier acquirers.
                            Sec. 354. Authority over             74
                                intrastate transportation.
                            Sec. 355. Tax discrimination         75
                                against rail transportation 
                                property.
                            Sec. 356. Withholding State and      75
                                local income tax by certain 
                                carriers.
                            Sec. 357. General authority for      75
                                enforcement, 
                                investigations, etc.
                            Sec. 358. Enforcement..........      76
                            Sec. 359. Attorney General           77
                                enforcement.
                            Sec. 360. Rights and remedies..      77
                            Sec. 361. Limitation on actions      78
                            Sec. 362. Liability of common        79
                                carriers under receipts and 
                                bills of lading.
                            Sec. 363. Liability when             80
                                property is delivered in 
                                violation of routing 
                                instructions.
                            Sec. 364. General civil              80
                                penalties.
                            Sec. 365. Civil penalty for          81
                                accepting rebates from 
                                common carrier.
                            Sec. 366. Rate, discrimination,      81
                                and tariff violations.
                            Sec. 367. Additional rate and        82
                                discrimination violations.
                            Sec. 368. Interference with          82
                                railroad car supply.
                            Sec. 369. Record keeping and         82
                                reporting violations.
                            Sec. 370. Unlawful disclosure        83
                                of information.
                            Sec. 371. Consolidation,             83
                                merger, and acquisition of 
                                control.
                            Sec. 372. General criminal           83
                                penalty.
                            Sec. 373. Financial assistance       83
                                for State projects.
                            Sec. 374. Status of AMTRAK and       84
                                applicable laws.
                            Sec. 375. Rail-shipper               84
                                transportation advisory 
                                council.
            ``Subchapter VI. Rail and Shipper 
                Transportation Advisory Council                  84
                            ``Sec. 10391. Rail and Shipper       84
                                Transportation Advisory 
                                Council.
            TITLE IV--MOTOR CARRIER, WATER CARRIER, BROKER, 
                AND FREIGHT FORWARDER TRANSPORTATION             92
            Subtitle A--Addition of Part B                       92
                            Sec. 401. Enactment of part B        92
                                of Subtitle IV, Title 49, 
                                United States Code.
            ``Part B--Motor Carriers, Water Carriers, 
                Brokers, and Freight Forwarders                  92
            ``Chapter 131--General Provisions                    92
                            ``Sec. 13101. Transportation         92
                                policy.
                            ``Sec. 13102. Definitions......      95
                            ``Sec. 13103. Remedies are          102
                                cumulative.
            ``Chapter 133--Administrative Provisions            102
                            ``Sec. 13301. Powers...........     102
                            ``Sec. 13302. Intervention.....     105
                            ``Sec. 13303. Service of notice     105
                                in proceedings under this 
                                part.
                            ``Sec. 13304. Service of            106
                                process in court 
                                proceedings.
            ``Chapter 135--Jurisdiction                         107
            Subchapter I--Motor Carrier Transportation          107
                            ``Sec. 13501. General               107
                                jurisdiction.
                            ``Sec. 13502. Exempt                108
                                transportation between 
                                Alaska and other States.
                            ``Sec. 13503. Exempt motor          108
                                vehicle transportation in 
                                terminal areas.
                            ``Sec. 13504. Exempt motor          110
                                carrier transportation 
                                entirely in one State.
            Subchapter II--Water Carrier Transportation         111
                            ``Sec. 13521. General               111
                                jurisdiction.
            Subchapter III--Freight Forwarder Service           112
                            ``Sec. 13531. General               112
                                jurisdiction.
            Subchapter IV--Authority to Exempt                  113
                            ``Sec. 13541. Authority to          113
                                exempt transportation or 
                                services.
            Chapter 137--Rates and Through Routes               115
                            ``Sec. 13701. Requirements for      115
                                reasonable rates, 
                                classifications, through 
                                routes, rules, and 
                                practices for certain 
                                transportation.
                            ``Sec. 13702. Tariff                116
                                requirement for certain 
                                transportation.
                            ``Sec. 13703. Certain               119
                                collective activities; 
                                exemption from antitrust 
                                laws.
                            ``Sec. 13704. Household goods       123
                                rates--estimates; 
                                guarantees of service.
                            ``Sec. 13705. Requirements for      125
                                through routes among motor 
                                carriers of passengers.
                            ``Sec. 13706. Liability for         125
                                payment of rates.
                            ``Sec. 13707. Billing and           127
                                collecting practices.
                            ``Sec. 13708. Procedures for        128
                                resolving claims involving 
                                unfiled, negotiated 
                                transportation rates.
                            ``Sec. 13709. Additional motor      135
                                carrier undercharge 
                                provisions.
                            ``Sec. 13710. Alternative           137
                                procedure for resolving 
                                undercharge disputes.
                            ``Sec. 13711. Government            141
                                traffic.
                            ``Sec. 13712. Food and grocery      141
                                transportation.
            Chapter 139--Registration                           142
                            ``Sec. 13901. Requirement for       142
                                registration.
                            ``Sec. 13902. Registration of       142
                                motor carriers.
                            ``Sec. 13903. Registration of       152
                                freight forwarders.
                            ``Sec. 13904. Registration of       152
                                motor carrier brokers.
                            ``Sec. 13905. Effective periods     153
                                of registration.
                            ``Sec. 13906. Security of motor     155
                                carriers, brokers, and 
                                freight forwarders.
                            ``Sec. 13907. Household goods       159
                                agents.
                            ``Sec. 13908. Registration and      162
                                other reforms.
            Chapter 141--Operations of Carriers                 165
            Subchapter I--General Requirements                  165
                            ``Sec. 14101. Providing             165
                                transportation and service.
                            ``Sec. 14102. Leased motor          166
                                vehicles.
                            ``Sec. 14103. Loading and           167
                                unloading motor vehicles.
                            ``Sec. 14104. Household goods       168
                                carrier operations.
            Subchapter II--Reports and Records                  170
                            ``Sec. 14121. Definitions......     170
                            ``Sec. 14122. Records: form;        171
                                inspection; preservation.
                            ``Sec. 14123. Reports by            172
                                carriers, brokers, and 
                                associations.
            Chapter 143--Finance                                173
                            ``Sec. 14301. Security              173
                                interests in certain motor 
                                vehicles.
                            ``Sec. 14302. Pooling and           175
                                division of transportation 
                                or earnings.
            Chapter 145--Federal-State Relations                179
                            ``Sec. 14501. Federal authority     179
                                over intrastate 
                                transportation.
                            ``Sec. 14502. Tax                   184
                                discrimination against 
                                motor carrier 
                                transportation property.
                            ``Sec. 14503. Withholding State     187
                                and local income tax by 
                                certain carriers.
                            ``Sec. 14504. State tax........     189
                            ``Sec. 14505. Bus charter           189
                                provision--subsidization by 
                                public entities.
            Chapter 147--Enforcement; Investigations; 
                Rights; Remedies                                189
                            ``Sec. 14701. General authority     189
                            ``Sec. 14702. Enforcement by        191
                                the regulatory authority.
                            ``Sec. 14703. Enforcement by        192
                                the attorney general.
                            ``Sec. 14704. Rights and            192
                                remedies of persons injured 
                                by carriers or brokers.
                            ``Sec. 14705. Limitation on         195
                                actions by and against 
                                carriers.
                            ``Sec. 14706. Liability of          197
                                carriers under receipts and 
                                bills of lading.
                            ``Sec. 14707. Private               202
                                enforcement of registration 
                                requirement.
                            ``Sec. 14708. Dispute               203
                                settlement program for 
                                household goods carriers.
                            ``Sec. 14709. Tariff                207
                                reconciliation rules for 
                                motor carriers of property.
                            ``Sec. 14710. Rate discounts...     208
            Chapter 149--Civil and Criminal Penalties           208
                            ``Sec. 14901. General civil         208
                                penalties.
                            ``Sec. 14902. Civil penalty for     211
                                accepting rebates from 
                                carrier.
                            ``Sec. 14903. Tariff                212
                                violations. .
                            ``Sec. 14904. Additional rate       213
                                violations.
                            ``Sec. 14905. Penalties for         215
                                violations of rules 
                                relating to loading and 
                                unloading motor vehicles.
                            ``Sec. 14906. Evasion of            215
                                regulation of carriers and 
                                brokers.
                            ``Sec. 14907. Record keeping        215
                                and reporting violations.
                            ``Sec. 14908. Unlawful              216
                                disclosure of information.
                            ``Sec. 14909. Disobedience to       218
                                subpenas.
                            ``Sec. 14910. General criminal      218
                                penalty when specific 
                                penalty not provided.
                            ``Sec. 14911. Punishment of         218
                                corporation for violations 
                                committed by certain 
                                individuals.
                            ``Sec. 14912. Weight-bumping in     219
                                household goods 
                                transportation.
                            ``Sec. 14913. Conclusiveness of     219
                                rates in certain 
                                prosecutions.
            Subtitle B--Motor Carrier Registration and 
                Insurance Requirements                          220
                            Sec. 451. Amendment of section      220
                                31102.
                            Sec. 452. Amendment of section      220
                                31138.
                            Sec. 453. Self--insurance rules     221
                            Sec. 454. Motor carrier             222
                                financial responsibility 
                                information system.
                            ``Sec. 31140. Motor Carrier         222
                                Financial Responsibility 
                                Information System.
                            Sec. 455. Safety fitness of         223
                                owners and operators.
                            Sec. 456. Registration.........     224
                            ``Sec. 31148. Registration.....     224
            TITLE V--AMENDMENTS TO OTHER LAWS                   229
                            Sec. 501. Federal Election          229
                                Campaign Act of 1971.
                            Sec. 502. Agricultural              229
                                Adjustment Act of 1938.
                            Sec. 503. Agricultural              230
                                Marketing Act of 1946.
                            Sec. 504. Animal Welfare Act...     230
                            Sec. 505. Title 11, United          230
                                States Code.
                            Sec. 506. Clayton Act..........     231
                            Sec. 507. Consumer Credit           232
                                Protection Act.
                            Sec. 508. National Trails           233
                                System Act.
                            Sec. 509. Title 18, United          233
                                States Code.
                            Sec. 510. Internal Revenue Code     234
                                of 1986.
                            Sec. 511. Title 28, United          235
                                States Code.
                            Sec. 512. Migrant and Seasonal      237
                                Agricultural Worker 
                                Protection Act.
                            Sec. 513. Title 39, United          237
                                States Code.
                            Sec. 514. Energy Policy Act of      238
                                1992.
                            Sec. 515. Railway Labor Act....     239
                            Sec. 516. Railroad Retirement       239
                                Act of 1974.
                            Sec. 517. Railroad Unemployment     240
                                Insurance Act.
                            Sec. 518. Emergency Rail            240
                                Services Act of 1970.
                            Sec. 519. Regional Rail             241
                                Reorganization Act of 1973.
                            Sec. 520. Alaska Railroad           243
                                Transfer Act of 1982.
                            Sec. 521. Merchant Marine Act,      243
                                1920.
                            Sec. 522. Service Contract Act      244
                                of 1965.
                            Sec. 523. Federal Aviation          244
                                Administration 
                                Authorization Act of 1994.
            TITLE VI--AUTHORIZATION                             244
                            Sec. 601. Authorization of          244
                                appropriations.
            TITLE VII--EFFECTIVE DATE                           245
                            Sec. 701. Effective date.......     245

 TITLE I--TERMINATION OF THE INTERSTATE COMMERCE COMMISSION; REPEAL OF 
               OBSOLETE AND UNNECESSARY PROVISIONS OF LAW

                     Subtitle A--Termination of ICC

SEC. 101. AGENCY TERMINATION.

    When functions transferred under this Act have been transferred to 
the Intermodal Surface Transportation Board and to the Secretary of 
Transportation, the Interstate Commerce Commission shall terminate.

SEC. 102. SAVINGS PROVISIONS.

    (a) In General.--All orders, determinations, rules, regulations, 
licenses, and privileges which are in effect at the time this Act takes 
effect, shall continue in effect according to their terms, insofar as 
they involve regulatory functions to be retained by this Act, until 
modified, terminated, superseded, set aside, or revoked in accordance 
with law by the Transportation Board (to the extent they involve the 
functions transferred to the Intermodal Surface Transportation Board 
under this Act) or by the Secretary (to the extent they involve 
functions transferred to the Secretary under this Act), or by a court 
of competent jurisdiction, or by operation of law.
    (b) Proceedings; Applications.--
            (1) The provisions of this Act shall not affect any 
        proceedings or any application for any license pending before 
        the Interstate Commerce Commission at the time this Act takes 
        effect, insofar as those functions are retained and transferred 
        by this Act; but such proceedings and applications, to the 
        extent that they relate to functions so transferred, shall be 
        continued. Orders shall be issued in such proceedings, appeals 
        shall be taken therefrom, and payments shall be made pursuant 
        to such orders, as if this Act had not been enacted; and orders 
        issued in any such proceedings shall continue in effect until 
        modified, terminated, superseded, or revoked by a duly 
        authorized official, by a court of competent jurisdiction, or 
        by operation of law. Nothing in this subsection shall be deemed 
        to prohibit the discontinuance or modification of any such 
        proceeding under the same terms and conditions and to the same 
        extent that such proceeding could have been discontinued or 
        modified if this Act had not been enacted.
            (2) The Transportation Board and the Secretary are 
        authorized to provide for the orderly transfer of pending 
        proceedings from the Interstate Commerce Commission.
    (c) Actions in Law Commenced Before Enactment.--Except as provided 
in subsection (e)--
            (1) the provisions of this Act shall not affect suits 
        commenced prior to the date this Act takes effect, and,
            (2) in all such suits, proceedings shall be had, appeals 
        taken, and judgments rendered in the same manner and effect as 
        if this Act had not been enacted.
    (d) Continuance of Actions Against Officers.--No suit, action, or 
other proceeding commenced by or against any officer in his official 
capacity as an officer of the Interstate Commerce Commission shall 
abate by reason of the enactment of this Act. No cause of action by or 
against the Interstate Commerce Commission, or by or against any 
officer thereof in his official capacity, shall abate by reason of 
enactment of this Act.
    (e) Substitution of Transportation Board as Party.--Any suit by or 
against the Interstate Commerce Commission begun before enactment of 
this Act shall be continued, insofar as it involves a function retained 
and transferred under this Act, with the Transportation Board (to the 
extent the suit involves functions transferred to the Transportation 
Board under this Act) or the Secretary (to the extent the suit involves 
functions transferred to the Secretary under this Act) substituted for 
the Commission.

SEC. 103. REFERENCES TO THE ICC IN OTHER LAWS.

    (a) Functions.--With respect to any functions transferred by this 
Act and exercised after the effective date of the Interstate Commerce 
Commission Sunset Act of 1995, reference in any other Federal law to 
the Interstate Commerce Commission shall be deemed to refer to--
            (1) the Intermodal Surface Transportation Board, insofar as 
        it involves functions transferred to the Transportation Board 
        by this Act; and
            (2) the Secretary of Transportation, insofar as it involves 
        functions transferred to the Secretary by this Act.
    (b) Other References.--Any other reference in any law, regulation, 
official publication, or other document to the Interstate Commerce 
Commission as an agency of the United States Government shall be 
treated as a reference to the Transportation Board.

            Subtitle B--Repeal of Obsolete, Etc., Provisions

SEC. 121. REPEAL OF PROVISIONS.

    The following provisions are repealed:
            (1) Section 10101 (relating to transportation policy) and 
        the item relating thereto in the table of sections of chapter 
        101 are repealed.
            (2) Section 10322 (relating to Commission action and 
        appellate procedure in nonrail proceedings) and the item 
        relating thereto in the table of sections of chapter 103 are 
        repealed.
            (3) Section 10326 (relating to limitations in rulemaking 
        proceedings related to rail carriers) and the item relating 
        thereto in the table of sections of chapter 103 are repealed.
            (4) Section 10327 (relating to Commission action and 
        appellate procedure in rail carrier proceedings) and the item 
        relating thereto in the table of sections of chapter 103 are 
        repealed.
            (5) Section 10328 (relating to intervention) and the item 
        relating thereto in the table of sections of chapter 103 are 
        repealed.
            (6) Subchapter III of chapter 103 (relating to joint 
        boards) and the items relating thereto in the table of sections 
        of such chapter are repealed.
            (7)(A) Subchapter IV of chapter 103 (relating to Rail 
        Services Planning Office) and the items relating thereto in the 
        table of sections of such chapter are repealed.
            (B) Section 24505(b) of title 49, United States Code, is 
        amended to read as follows:
    ``(b) Offer Requirements.--A commuter authority making an offer 
under subsection (a)(2) of this section shall show that it has obtained 
access to all rail property necessary to provide the additional 
commuter rail passenger transportation.''.
            (8) Subchapter V of chapter 103 (relating to Office of Rail 
        Public Counsel) and the items relating thereto in the table of 
        sections of such chapter are repealed.
            (9) Section 10502 (relating to express carrier 
        transportation) and the item relating thereto in the table of 
        sections of chapter 105 are repealed.
            (10) Section 10504 (relating to exempt rail mass 
        transportation) and the item relating thereto in the table of 
        sections of such chapter are repealed.
            (11) Subchapter II, III, and IV of chapter 105 (relating to 
        freight forwarder service) and the items relating thereto in 
        the table of sections of such chapter are repealed.
            (12) Section 10705a (relating to joint rate surcharges and 
        cancellations) and the item relating thereto in the table of 
        sections of chapter 107 are repealed.
            (13) Section 10710 (relating to elimination of 
        discrimination against recyclable materials) and the item 
        relating thereto in the table of sections of chapter 107 are 
        repealed.
            (14) Section 10711 (relating to effect of certain sections 
        on rail rates and practices) and the item relating thereto in 
        the table of sections of chapter 107 are repealed.
            (15) Section 10712 (relating to inflation-based rate 
        increases) and the item relating thereto in the table of 
        sections of chapter 107 are repealed.
            (16) Subchapter II (relating to special circumstances) of 
        chapter 107 (except for sections 10721 and 10730) and the items 
        relating thereto in the table of sections of chapter 107 
        (except for the subchapter caption and the items relating to 
        sections 10721 and 10730) are repealed.
            (17) Section 10743 (relating to payment of rates) and the 
        item relating thereto in the table of sections of chapter 107 
        are repealed.
            (18) Section 10746 (relating to transportation of 
        commodities manufactured or produced by a rail carrier) and the 
        item relating thereto in the table of sections of chapter 107 
        are repealed.
            (19) Section 10748 (relating to transportation of livestock 
        by rail carrier) and the item relating thereto in the table of 
        sections of chapter 107 are repealed.
            (20) Section 10749 (relating to exchange of services and 
        limitation on use of common carriers by household goods freight 
        forwarders) and the item relating thereto in the table of 
        sections of chapter 107 are repealed.
            (21) Section 10751 (relating to business entertainment 
        expenses) and the item relating thereto in the table of 
        sections of chapter 107 are repealed.
            (22) Section 10764 (relating to arrangements between 
        carriers) and the item relating thereto in the table of 
        sections of chapter 107 are repealed.
            (23) Section 10765 (relating to water transportation under 
        arrangements with certain other carriers) and the item relating 
        thereto in the table of sections of chapter 107 are repealed.
            (24) Section 10766 (relating to freight forwarder traffic 
        agreements) and the item relating thereto in the table of 
        sections of chapter 107 are repealed.
            (25) Section 10767 (relating to billing and collecting 
        practices) and the item relating thereto in the table of 
        sections of chapter 107 are repealed.
            (26) Subchapter V of chapter 107 (relating to valuation of 
        property) and the items relating thereto in the table of 
        sections of chapter 107 are repealed.
            (27)(A) Section 10908 (relating to discontinuing or 
        changing interstate train or ferry transportation) and the item 
        relating thereto in the table of sections of chapter 109 are 
        repealed.
            (B) Subsection (d) of section 24705 of title 49, United 
        States Code, is repealed.
            (28) Section 10909 (relating to discontinuing or changing 
        train or ferry transportation in one State) and the item 
        relating thereto in the table of sections of chapter 109 are 
        repealed.
            (29) Subchapter II (relating to other carriers and motor 
        carrier brokers) of chapter 109 and the items relating thereto 
        in the table of sections of chapter 109.
            (30) Section 11105 (relating to protective services) and 
        the item relating thereto in the table of sections of chapter 
        111 are repealed.
            (31) Section 11106 (relating to identification of motor 
        vehicles) and the item relating thereto in the table of 
        sections of chapter 111 are repealed.
            (32) Section 11107 (relating to leased motor vehicles) and 
        the item relating thereto in the table of sections of chapter 
        111 are repealed.
            (33) Section 11108 (relating to water carriers subject to 
        unreasonable discrimination in foreign transportation) and the 
        item relating thereto in the table of sections of chapter 111 
        are repealed.
            (34) Section 11109 (relating to loading and unloading motor 
        vehicles) and the item relating thereto in the table of 
        sections of chapter 111 are repealed.
            (35) Section 11110 (relating to household goods carrier 
        operations) and the item relating thereto in the table of 
        sections of chapter 111 are repealed.
            (36) Section 11111 (relating to use of citizen band radios 
        on buses) and the item relating thereto in the table of 
        sections of chapter 111 are repealed.
            (37) Section 11126 (distribution of coal cars) and the item 
        relating thereto in the table of sections of chapter 111 are 
        repealed.
            (38) Section 11127 (relating to service of household 
        freight forwarders) and the item relating thereto in the table 
        of sections of chapter 111 are repealed.
            (39) Section 11142 (relating to uniform accounting system 
        for motor carriers) and the item relating thereto in the table 
        of sections of chapter 111 are repealed.
            (40) Section 11161 (relating to railroad accounting 
        principles board) and the item relating thereto in the table of 
        sections of chapter 111 are repealed.
            (41) Section 11162 (relating to cost accounting principles) 
        and the item relating thereto in the table of sections of 
        chapter 111 are repealed.
            (42) Section 11163 (relating to implementation of cost 
        accounting principles) and the item relating thereto in the 
        table of sections of chapter 111 are repealed.
            (43) Section 11164 (relating to certification of rail 
        carrier cost accounting systems) and the item relating thereto 
        in the table of sections of chapter 111 are repealed.
            (44) Section 11167 (relating to report) and the item 
        relating thereto in the table of sections of chapter 111 are 
        repealed.
            (45) Section 11168 (relating to authorization of 
        appropriations) and the item relating thereto in the table of 
        sections of chapter 111 are repealed.
            (46) Section 510 of the Railroad Revitalization and 
        Regulatory Reform Act of 1976 (45 U.S.C. 830) is amended by 
        striking ``the provisions of section 20a of the Interstate 
        Commerce Act (49 U.S.C. 20a), nor''.
            (47) Section 11304 (relating to security interest in 
        certain motor vehicles) and the item relating thereto in the 
        table of sections of chapter 113 are repealed.
            (48) Section 11321 (relating to limitation on ownership of 
        certain water carriers) and the item relating thereto in the 
        table of sections for chapter 113 are repealed.
            (49) Section 11322 (relating to restrictions on officers 
        and directors) and the item relating thereto in the table of 
        sections for chapter 113 are repealed.
            (50) Section 11345a (relating to motor carrier procedures 
        for consolidation, merger, and acquisition of control) and the 
        item relating thereto in the table of sections of chapter 113 
        are repealed.
            (51) Section 11346 (relating to expedited rail carrier 
        procedures for consolidation, merger, and acquisition of 
        control) and the item relating thereto in the table of sections 
        of chapter 113 are repealed.
            (52) Section 11349 (relating to temporary operating 
        approval for transactions involving motor and water carriers) 
        and the item relating thereto in the table of sections of 
        chapter 113 are repealed.
            (53) Section 11350 (relating to responsibility of the 
        Secretary of Transportation in certain transactions) and the 
        item relating thereto in the table of sections of chapter 113 
        are repealed.
            (54) Subchapter IV of chapter 113 (relating to financial 
        structure) and the items relating thereto in the table of 
        sections of chapter 113 are repealed.
            (55) Section 11502 (relating to conferences and joint 
        hearings with State authorities) and the item relating thereto 
        in the table of sections of chapter 115 are repealed.
            (56) Section 11503a (tax discrimination against motor 
        carrier transportation property) and the item relating thereto 
        in the table of sections of chapter 115 are repealed.
            (57) Section 11505 (relating to State action to enjoin rail 
        carriers from certain actions) and the item relating thereto in 
        the table of sections of chapter 115 are repealed.
            (58) Section 11506 (relating to registration of motor 
        carriers by a State) and the item relating thereto in the table 
        of sections of chapter 115 are repealed.
            (59) Section 11507 (relating to prison-made property 
        governed by State law) and the item relating thereto in the 
        table of sections of chapter 115 are repealed.
            (60) Section 11704 (relating to action by a private person 
        to enjoin abandonment of service) and the item relating thereto 
        in the table of sections of chapter 117 are repealed.
            (61) Section 11708 (relating to private enforcement) and 
        the item relating thereto in the table of sections of chapter 
        117 are repealed.
            (62) Section 11709 (relating to liability for issuance of 
        securities by certain carriers) and the item relating thereto 
        in the table of sections of chapter 117 are repealed.
            (63) Section 11711 (relating to dispute settlement program 
        for household goods carriers) and the item relating thereto in 
        the table of sections of chapter 117 are repealed.
            (64) Section 11712 (relating to tariff reconciliation rules 
        for motor common carriers of property) and the item relating 
        thereto in the table of sections of chapter 117 are repealed.
            (65) Section 11902a (relating to penalties for violations 
        of rules relating to loading and unloading motor vehicles) and 
        the item relating thereto in the table of sections of chapter 
        119 are repealed.
            (66) Section 11905 (relating to transportation of 
        passengers without charge) and the item relating thereto in the 
        table of sections of chapter 119 are repealed.
            (67) Section 11906 (relating to evasion of regulation of 
        motor carriers and brokers) and the item relating thereto in 
        the table of sections of chapter 119 are repealed.
            (68) Section 11908 (relating to abandonment of service by 
        household goods freight forwarders) and the item relating 
        thereto in the table of sections of chapter 119 are repealed.
            (69) Section 11911 (relating to issuance of securities, 
        etc.) and the item relating thereto in the table of sections of 
        chapter 119 are repealed.
            (70) Section 11913a (relating to accounting principles 
        violations) and the item relating thereto in the table of 
        sections of chapter 119 are repealed.
            (71) Section 11917 (relating to weight-bumping in household 
        goods transportation) and the item relating thereto in the 
        table of sections of chapter 119 are repealed.

SEC. 122. COVERAGE OF CERTAIN ENTITIES UNDER OTHER, UNRELATED ACT NOT 
              AFFECTED.

    Notwithstanding any provision of this Act, an entity that is, or is 
treated as, an employer under the Railroad Retirement Act, the Railroad 
Unemployment Insurance Act, or the Railroad Retirement Tax Act under 
subtitle IV of title 49, United States Code, as in effect on the day 
before the date of enactment of this Act, shall continue to be covered 
as employers under those Acts.

           TITLE II--INTERMODAL SURFACE TRANSPORTATION BOARD

                        Subtitle A--Organization

SEC. 201. AMENDMENT TO SUBCHAPTER I.

    (a) Amendment.--Subchapter I of chapter 103 is amended to read as 
follows:

                     ``SUBCHAPTER I--ESTABLISHMENT

``Sec. 10301. Establishment of Transportation Board
    ``(a) Establishment.--There is hereby established within the 
Department of Transportation the Intermodal Surface Transportation 
Board.
    ``(b) Membership.--(1) The Transportation Board 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 Transportation 
Board shall be individuals with professional standing and demonstrated 
knowledge in the fields of rail or motor transportation or 
transportation regulation, and at least 1 member shall be an individual 
with professional or business experience in the private sector.
    ``(3) The term of each member of the Transportation Board 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 
1 year. The President may remove a member for neglect of duty or 
malfeasance in office.
    ``(4) On the effective date of this section, the members of the 
Interstate Commerce Commission then serving terms shall become members 
of the Transportation Board, 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 Transportation 
Board for more than 2 terms. In the case of an individual appointed to 
fill a vacancy occurring before the expiration of the term for which 
the precedessor of that individual was appointed, such individual may 
not be appointed for more than 1 additional term.
    ``(6) A member of the Transportation Board 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 Transportation Board does 
not impair the right of the remaining members to exercise all of the 
powers of the Transportation Board. The Transportation Board may 
designate a member to act as Chairman during any period in which there 
is no Chairman designated by the President.
    ``(c) Chairman.--(1) There shall be at the head of the 
Transportation Board a Chairman, who shall be designated by the 
President from among the members of the Transportation Board. The 
Transportation Board shall be administered under the supervision and 
direction of the Chairman. The Chairman 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 Transportation Board the Chairman shall be 
responsible for administering the Transportation Board. The Chairman 
may delegate the powers granted under this paragraph to an officer, 
employee, or office of the Transportation Board. The Chairman 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 Transportation Board, including 
        attorneys to provide legal aid and service to the 
        Transportation Board and its members, and to represent the 
        Transportation Board in any case in court;
            ``(B) appoint the heads of major office with the approval 
        of the Transportation Board;
            ``(C) distribute Transportation Board business among 
        officers and employees and offices of the Transportation Board;
            ``(D) prepare requests for appropriations for the 
        Transportation Board and submit those requests to the President 
        and Congress with the prior approval of the Transportation 
        Board; and
            ``(E) supervise the expenditure of funds allocated by the 
        Transportation Board for major programs and purposes.
``Sec. 10302. Functions
    ``Except as otherwise provided in the Interstate Commerce 
Commission Sunset Act of 1995, or the amendments made thereby, the 
Transportation Board 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. 10303. Administrative provisions
    ``(a) Executive Reorganization.--For purposes of chapter 9 of title 
5, United States Code, the Transportation Board shall be deemed to be 
an independent regulatory agency and an establishment of the United 
States Government.
    ``(b) Open Meetings.--For purposes of section 552b of title 5, 
United States Code, the Transportation Board shall be deemed to be an 
agency.
    ``(c) Independence.--In the performance of their functions, the 
members, employees, and other personnel of the Transportation Board 
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 
Chairman of the Transportation Board may appear for, and represent the 
Transportation Board in, any civil action brought in connection with 
any function carried out by the Transportation Board pursuant to this 
subtitle or as otherwise authorized by law.
    ``(e) Admission to Practice.--Subject to section 500 of title 5, 
the Transportation Board 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 Transportation Board 
and include a statement by the Transportation Board--
            ``(1) showing the amount requested by the Transportation 
        Board in its budgetary presentation to the Secretary and the 
        Office of Management and Budget; and
            ``(2) an assessment of the budgetary needs of the 
        Transportation Board.
    ``(g) Direct Transmittal to Congress.--The Transportation Board 
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 Transportation Board with Congress, or a 
committee or member of Congress, about the information.
``Sec. 10304. Annual report
    ``The Transportation Board shall annually transmit to the Congress 
a report on its activities.''.
    (b) Conforming Amendment.--The items relating to subchapter I of 
chapter 103 in the table of sections of such chapter are amended to 
read as follows:

                     ``SUBCHAPTER I--ESTABLISHMENT

``Sec.
``10301. Establishment of Transportation Board.
``10302. Functions.
``10303. Administrative provisions.
``10304. Annual report.''.

SEC. 202. ADMINISTRATIVE SUPPORT.

    The Secretary of Transportation shall provide administrative 
support for the Transportation Board.

SEC. 203. REORGANIZATION.

    The Chairman of the Transportation Board may allocate or reallocate 
any function of the Transportation Board, consistent with this title 
and subchapter I of chapter 103, as amended by section 201 of this 
title, among the members or employees of the Transportation Board, and 
may establish, consolidate, alter, or discontinue in the Transportation 
Board any organizational entities that were entities of the Interstate 
Commerce Commission, as the Chairman considers necessary or 
appropriate.

SEC. 204. 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 Transportation Board by this Act shall be 
available to the Transportation Board for use in connection with the 
functions transferred.

                       Subtitle B--Administrative

SEC. 211. POWERS.

    Section 10321 is amended--
            (1) by striking ``Interstate Commerce Commission'' in 
        subsection (a) and inserting in lieu thereof ``Transportation 
        Board'';
            (2) striking subsection (b) and inserting the following:
    ``(b) The Transportation Board may obtain from carriers providing 
transportation and service subject to this part, and from persons 
controlling, controlled by, or under common control with those carriers 
to the extent that the business of that person is related to the 
management of the business of those carriers, information the 
Transportation Board decides is necessary to carry out this part.'';
            (3) in subsection (c)(1), by striking ``Commission, an 
        individual Commissioner, an employee board, and an employee 
        delegated to act under section 10305 of this title'' and 
        inserting in lieu thereof ``Transportation Board'';
            (4) by striking paragraph (2) of subsection (c);
            (5) by redesignating paragraph (3) of subsection (c) as 
        paragraph (2); and
            (6) by striking ``Commission'' each place it appears and 
        inserting in lieu thereof ``Transportation Board''.

SEC. 212. COMMISSION ACTION.

    (a) Amendments.--Section 10324 is amended--
            (1) in the section heading, by striking ``Commission'' and 
        inserting in lieu thereof ``Transportation Board'';
            (2) by striking ``Interstate Commerce Commission'' in 
        subsection (a) and inserting in lieu thereof ``Transportation 
        Board'';
            (3) by striking ``Commission'' each place it appears in 
        subsection (b) and inserting in lieu thereof ``Transportation 
        Board'';
            (4) by striking subsection (c); and
            (5) by adding at the end the following new subsections:
    ``(c) The Transportation Board 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 Transportation Board; or
            ``(3) change an action of the Transportation Board.
An interested party may petition to reopen and reconsider an action of 
the Transportation Board under this subsection under regulations of the 
Transportation Board.
    ``(d) Notwithstanding this subtitle, an action of the 
Transportation Board 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.''.
    (b) Conforming Amendment.--The item relating to section 10324 in 
the table of sections of chapter 103 is amended by striking 
``Commission'' and inserting in lieu thereof ``Transportation Board''.

SEC. 213. SERVICE OF NOTICE IN COMMISSION PROCEEDINGS.

    (a) Amendments.--Section 10329 is amended--
            (1) by striking ``Commission'' in the section heading;
            (2) by striking ``Interstate Commerce Commission'' in 
        subsection (a) and inserting in lieu thereof ``Transportation 
        Board'';
            (3) striking ``(1)'' in subsection (a) and by striking 
        paragraph (2) of subsection (a);
            (4) striking ``subchapter I of'' in subsection (a);
            (5) striking the second sentence in subsection (b);
            (6) striking ``(1) in subsection (c) and by striking 
        paragraphs (2) and (3);
            (7) striking ``notices of the Commission shall be served as 
        follows: (1) A'' in subsection (c) and inserting ``a'';
            (8) by striking ``, express, sleeping car,'' in subsection 
        (c)(1);
            (9) by striking ``Secretary of the'' in subsection (c);
            (10) in subsection (d)--
                    (A) by striking ``, express, sleeping car,''; and
                    (B) by striking ``who filed the tariff'';
            (11) by striking subsection (e); and
            (12) by striking ``Commission'' each place it appears and 
        inserting in lieu thereof ``Transportation Board''.
    (b) Conforming Amendment.--The item relating to section 10329 in 
the table of sections of chapter 103 is amended by striking 
``Commission''.

SEC. 214. SERVICE OF PROCESS IN COURT PROCEEDINGS.

    Section 10330 is amended--<plus-minus>
            (1) by striking ``Interstate Commerce Commission'' in 
        subsection (a) and inserting in lieu thereof ``Transportation 
        Board'';
            (2) by striking ``subchapter I of'' in the first sentence 
        of subsection (a);
            (3) by striking ``Secretary of the Commission'' in 
        subsection (a) and inserting in lieu thereof ``Transportation 
        Board'';
            (4) by striking subsection (b); and
            (5) by redesignating subsection (c) as subsection (b).

SEC. 215. FEDERAL HIGHWAY ADMINISTRATION RULEMAKING.

    The Federal Highway Administration shall issue an advance notice of 
proposed rulemaking dealing with a variety of fatigue-related issues 
(including 8 hours of continuous sleep after 10 hours of driving, 
loading and unloading operations, automated and tamper-proof recording 
devices, rest and recovery cycles, fatigue and stress in longer 
combination vehicles, fitness for duty, and other appropriate 
regulatory and enforcement countermeasures for reducing fatigue-related 
incidents and increasing driver alertness) not later than March 1, 
1996.

              TITLE III--RAIL AND PIPELINE TRANSPORTATION

SEC. 301. GENERAL CHANGES IN REFERENCES TO COMMISSION, ETC.

    Subtitle IV is amended--
            (1) by striking ``Interstate Commerce Commission'' each 
        place it appears (including chapter and section headings) and 
        inserting ``Intermodal Surface Transportation Board'';
            (2) by striking ``Commission'' each place it appears in 
        reference to the Interstate Commerce Commission (including 
        chapter and section headings) and inserting ``Transportation 
        Board'';
            (3) by striking ``Commissioner'' each place it appears in 
        reference to a member of the Interstate Commerce Commission 
        (including chapter and section headings) and inserting 
        ``Transportation Board member'';
            (4) by striking ``Commissioners'' each place it appears in 
        reference to members of the Interstate Commerce Commission 
        (including chapter and section headings) and inserting 
        ``Transportation Board members'';
            (5) by striking ``this subtitle'' each place it appears and 
        inserting ``this part'';
            (6) by inserting ``Part A--Rail and Pipeline Carriers'' 
        after ``SUBTITLE IV--INTERSTATE COMMERCE'';
            (7) by inserting before section 10101 the following:

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

                    ``Chapter                                ``Sec.
                            ``131. General provisions......   13101
                            ``133. Administrative             13301
                                provisions.
                            ``135. Jurisdiction............   13501
                            ``137. Rates...................   13701
                            ``139. Registration............   13901
                            ``141. Operations of carriers..   14101
                            ``143. Finance.................   14301
                            ``145. Federal-State relations.   14501
                            ``147. Enforcement;               14701
                                investigations; rights; 
                                remedies.
                            ``149. Civil and criminal         14901
                                penalties.

    ``PART A--RAIL AND PIPELINE CARRIERS''.

SEC. 302. RAIL TRANSPORTATION POLICY.

    Section 10101a is amended by--
            (1) striking ``and'' after the semicolon in paragraph (14);
            (2) striking the period at the end of paragraph (15) and 
        inserting a semicolon and ``and''; and
            (3) adding at the end the following:
            ``(16) to provide expeditious remedies for traffic and 
        facilities lacking effective transportation competition.''.

SEC. 303. DEFINITIONS.

    Section 10102 is amended by--
            (1) striking paragraphs (1), (2), (5), (6) (8) through 
        (18), (19), (25), (27), and (30) through (33);
            (2) redesignating the remaining paragraphs as paragraphs 
        (1) through (11), respectively;
            (3) striking paragraph (2) (as redesignated) and inserting
            ``(2) `common carrier' means a pipeline carrier and a rail 
        carrier;'';
            (4) inserting ``common carrier'' after ``railroad'' in 
        paragraph (6) (as redesignated);
            (5) striking ``, fare,'' in paragraph (8) (as 
        redesignated);
            (6) striking ``of passengers or property, or both,'' in 
        paragraph (10)(A) (as redesignated) and inserting ``of 
        property,''; and
            (7) striking ``passengers and'' in paragraph (10)(B) (as 
        redesignated).

SEC. 304. GENERAL JURISDICTION.

    Section 10501 is amended by--
            (1) striking ``Subject to this chapter and other law, the'' 
        in subsection (a), and inserting ``The'';
            (2) inserting ``of property'' after ``transportation'' in 
        subsection (a);
            (3) striking ``express carrier, sleeping car carrier,'' in 
        subsection (a)(1);
            (4) striking ``passengers or'' in subsection (b)(1);
            (5) striking ``subchapter'' in subsection (c) and inserting 
        ``chapter'' and by striking ``(1) the transportation is deemed 
        to be subject to the jurisdiction of the Commission pursuant to 
        section 11501(b)(4)(B) of this title, or (2)'' in subsection 
        (c); and
            (6) striking ``(b)'' after ``section 11501'' in subsection 
        (d).

SEC. 305. RAILROAD AND WATER TRANSPORTATION CONNECTIONS AND RATES.

    Section 10503 is amended by--
            (1) striking ``passengers or'' each place it appears in 
        subsection (a)(2); and
            (2) striking ``passengers,'' in subsection (a)(2)(B).

SEC. 306. AUTHORITY TO EXEMPT RAIL CARRIER AND MOTOR CARRIER 
              TRANSPORTATION.

    Section 10505 is amended by--
            (1) striking ``rail carrier and motor carrier'' from the 
        section heading;
            (2) striking subsection (a) and inserting the following:
    ``(a) In a matter subject to the jurisdiction of the Intermodal 
Surface Transportation Board under this chapter, the Transportation 
Board shall exempt a person, class of persons, or a transaction or 
service from the application of a provision of this title in whole or 
in part within 180 days after the filing of an application for an 
exemption, when the Transportation Board finds that the application of 
that provision in whole or in part--
            ``(1) is not necessary to carry out the transportation 
        policy of section 10101 or section 10101a of this title; and
            ``(2) either (A) the transaction or service is of limited 
        scope, or (B) the application of a provision of this title is 
        not needed to protect shippers from the abuse of market 
        power.'';
            (3) striking subsection (d) and inserting the following:
    ``(d) The Transportation Board shall revoke an exemption in whole 
or in part, to the extent that application of a provision of this title 
to the person, class, or transportation is necessary to carry out the 
transportation policy of section 10101a of this title. The 
Transportation Board shall conclude a proceeding under this subsection 
within 180 days. In acting upon a request for revocation, the 
Transportation Board shall consider the availability of other economic 
transportation alternatives, in addition to any other factors it deems 
relevant. If a request for revocation under this subsection is 
accompanied by a complaint seeking monetary damages for a violation of 
a provision of this title by a railroad, and the Transportation Board 
does not render a final decision on such request within 180 days after 
the filing of the revocation request and complaint, then any monetary 
damages which the Transportation Board may award at the conclusion of 
the proceeding shall be calculated no later than the 181st day 
following the filing of the revocation request and complaint if the 
Transportation Board finds that such failure to render a final decision 
within said 180 days is due in substantial part to dilatory practices 
of the railroad''.;
            (4) striking subsection (f) and inserting the following:
    ``(f) The Transportation Board may exercise its authority under 
this section to exempt transportation that is provided by a carrier as 
a part of a continuous intermodal movement.''; and
            (5) striking subsection (g) and inserting the following:
    ``(g) The Transportation Board may not exercise its authority under 
this section to relieve a carrier of its obligation to protect the 
interests of employees as required by this part.''.

SEC. 307. STANDARDS FOR RATES, CLASSIFICATIONS, ETC.

    Section 10701 is amended by--
            (1) redesignating subsection (c) as subsection (b);
            (2) striking ``subchapter I or III of chapter 105'' in 
        subsection (b) as so redesignated and inserting ``chapter 
        105'';
            (3) striking ``the jurisdiction of the Commission under 
        either of those subchapters'' in subsection (b) as so 
        redesignated and inserting ``jurisdiction either under chapter 
        105 of this part or under part B of this subtitle''; and
            (4) striking subsections (d) through (f).

SEC. 308. STANDARDS FOR RATES FOR RAIL CARRIERS.

    Section 10701a is amended by--
            (1) striking ``subchapter I of'' in subsection (a);
            (2) striking ``lesser of the percentages described in 
        clauses (i) and (ii) of section 10707a(e)(2)(A) of this title'' 
        in subparagraphs (2)(A)(i) and (2)(B)(i) of subsection (b), and 
        inserting ``percentage described in section 10707a(d)(2)(A)''; 
        and
            (3) adding at the end of subsection (b) the following:
            ``(4)(A) Within 1 year after the date of enactment of the 
        Interstate Commerce Commission Sunset Act of 1995, the 
        Transportation Board shall complete the Interstate Commerce 
        Commission non-coal rate guidelines proceeding pending on the 
        date of enactment of the Interstate Commerce Commission Sunset 
        Act of 1995 to establish a simplified and expedited method for 
        determining the reasonableness of challenged rail rates in 
        those cases in which a stand-alone cost presentation is 
        impractical.
            ``(B) Within 6 months after that date of enactment, the 
        Transportation Board shall establish procedures to ensure 
        expeditious handling of challenges to the reasonableness of 
        railroad rates. The procedures shall include appropriate 
        measures for avoiding delay in the discovery and evidentiary 
        phases of such proceedings and for ensuring prompt disposition 
        of motions and interlocutory administrative appeals.
            ``(C) In a proceeding to challenge the reasonableness of a 
        railroad rate, other than a proceeding arising under section 
        10707 of this title, the Transportation Board shall make its 
        determination as to the reasonableness of the challenged rate--
                    ``(i) within 6 months after the close of the 
                administrative record if the determination is based 
                upon a stand-alone cost presentation, or
                    ``(ii) within 3 months after the close of the 
                administrative record if the determination is based 
                upon an alternative, simplified evidentiary 
                presentation.''.

SEC. 309. AUTHORITY FOR CARRIERS TO ESTABLISH RATES, CLASSIFICATIONS, 
              ETC.

    Section 10702 is amended by--
            (1) beginning with ``service,'' in paragraph (2) of 
        subsection (a) striking all that follows and inserting 
        ``service.''; and
            (2) striking subsections (b) and (c).

SEC. 310. AUTHORITY FOR CARRIERS TO ESTABLISH THROUGH ROUTES.

    Section 10703 is amended by--
            (1) striking ``, express, sleeping car,'' in paragraph (1) 
        of subsection (a);
            (2) striking paragraphs (3) and (4) of subsection (a); and
            (3) replacing ``Commission under subchapter I, II (insofar 
        as motor carriers of property are concerned), or III of'' in 
        subsection (b) with ``Transportation Board under''.

SEC. 311. AUTHORITY AND CRITERIA FOR PRESCRIBED RATES, CLASSIFICATIONS, 
              ETC.

    Section 10704 is amended by--
            (1) striking ``subchapter I of'' and ``(including a maximum 
        or minimum rate, or both)'' in the first sentence of subsection 
        (a)(1);
            (2) striking ``subchapter'' in the first sentence of 
        subsection (a)(2) and inserting ``chapter'';
            (3) striking the third sentence of subsection (a)(2);
            (4) striking paragraph (3) of subsection (a) and 
        redesignating paragraph (4) as (3);
            (5) striking ``within 180 days after the effective date of 
        the Staggers Rail Act of 1980 and'' and ``thereafter'' in 
        subsection (a)(3), as redesignated;
            (6) striking subsections (b), (c), (d) and (e);
            (7) redesignating subsection (f) as subsection (b);
            (8) striking ``on its own initiative or'' in subsection (b) 
        as redesignated; and
            (9) striking the last sentence of subsection (b), as 
        redesignated.

SEC. 312. AUTHORITY FOR PRESCRIBED THROUGH ROUTES, JOINT 
              CLASSIFICATIONS, ETC.

    Section 10705 is amended by--
            (1) striking ``subchapter I, II (except a motor common 
        carrier of property), or III of'', and ``(including maximum or 
        minimum rates or both)'' in paragraph (1) of subsection (a);
            (2) striking paragraph (3) of subsection (a);
            (3) striking subsections (b) and (h) and redesignating 
        subsections (c) through (g) as subsections (b) through (f);
            (4) striking ``or (b)'' and ``, water carrier, or motor 
        common carrier of property'' in subsection (b), as 
        redesignated;
            (5) striking ``tariff'' in subsection (d), as redesignated, 
        and inserting ``proposed rate change'';
            (6) striking ``, water common carrier, or motor common 
        carrier of property'' in subsection (d), as redesignated;
            (7) striking ``or (b)'' and ``on its own initiative or'' in 
        the first sentence of subsection (e)(1) as redesignated;
            (8) striking ``if the proceeding is brought on complaint or 
        within 18 months after the commencement of a proceeding on the 
        initiative of the Commission'' in the second sentence of 
        subsection (e)(1), as redesignated; and
            (9) striking ``subsection (f)'' in subsection (f), as 
        redesignated, and inserting ``subsection (e)''.

SEC. 313. ANTITRUST EXEMPTION FOR RATE AGREEMENTS.

    Section 10706 is amended by--
            (1) striking subsection (a)(3)(B);
            (2) redesignating paragraphs (3)(C) and (D) of subsection 
        (a) as paragraphs (3)(B) and (C);
            (3) striking ``consider'' in subsection (a)(3)(B)(ii)(II), 
        as redesignated, and inserting ``considered'';
            (4) striking ``subchapter I of'' in subsection (a)(5)(A);
            (5) striking ``the effective date of the Staggers Rail Act 
        of 1980'' in subsection (a)(5)(C), and inserting ``October 1, 
        1980,'';
            (6) striking subsections (b), (c), and (d) and 
        redesignating subsections (e) through (g) as subsections (b) 
        through (d);
            (7) striking the first sentence of subsection (c), as 
        redesignated, and inserting ``The Transportation Board 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.'';
            (8) striking ``subsection (a), (b), or (c) of this 
        section.'' in subsection (d), as redesignated and inserting 
        ``subsection (a).''; and
            (9) striking subsections (h) and (i).

SEC. 314. INVESTIGATION AND SUSPENSION OF NEW RAIL RATES, ETC.

    Section 10707 is amended by--
            (1) striking the first sentence of subsection (a) and 
        inserting ``When a new individual or joint rate or individual 
        or joint classification, rule, or practice related to a rate is 
        proposed by a rail carrier providing transportation subject to 
        the jurisdiction of the Intermodal Surface Transportation Board 
        under chapter 105 of this title, the Transportation Board may 
        begin a proceeding, on complaint of an interested party, to 
        determine whether the proposed rate, classification, rule, or 
        practice violates this part.'';
            (2) striking ``days, except that this paragraph shall not 
        apply to general rate increases under section 10706 of this 
        title.'' in subsection (d)(2) and inserting ``days.'';
            (3) striking subsection (d)(3) and redesignating subsection 
        (d)(4) as (d)(3); and
            (4) striking ``or section 10761'' in subsection (d)(3), as 
        redesignated.

SEC. 315. ZONE OF RAIL CARRIER RATE FLEXIBILITY.

    Section 10707a is amended by--
            (1) striking ``Commencing with the fourth quarter of 1980, 
        the'' in subsection (a)(2)(B) and inserting ``The'';
            (2) striking ``subchapter I of chapter 105 of this title 
        may'' in subsection (b)(1) and inserting ``chapter 105 of this 
        title is authorized to'';
            (3) inserting a period after ``involved'' in paragraph (1) 
        of subsection (b) and striking the remainder of the paragraph;
            (4) striking ``may not'' in subsection (b)(3) and inserting 
        ``is not authorized to'';
            (5) striking ``(A)'' and ``or (B) inflation based rate 
        increases under section 10712 of this title applicable to that 
        rate'' in subsection (b)(3);
            (6) striking subsections (c), (d) and (e), redesignating 
        subsections (f), (g), and (h) as subsections (d), (e), and (f), 
        and inserting after subsection (b) the following:
    ``(c) In determining whether a rate is reasonable, the 
Transportation Board shall consider, among other factors, evidence of 
the following:
            ``(1) the amount of traffic which is transported at 
        revenues which do not contribute to going concern value and 
        efforts made to minimize such traffic;
            ``(2) the amount of traffic which contributes only 
        marginally to fixed costs and the extent to which, if any, 
        rates on such traffic can be changed to maximize the revenues 
        from such traffic; and
            ``(3) the carrier's mix of rail traffic to determine 
        whether one commodity is paying an unreasonable share of the 
        carrier's overall revenues.''; and
            (7) by striking subsection (d), as redesignated, and 
        inserting the following:
    ``(d)(1) A finding by the Commission that a rate increase exceeds 
the increase authorized under this section does not establish a 
presumption that the rail carrier proposing such rate increase has or 
does not have market dominance over the transportation to which the 
rate applies.
    ``(2)(A) If a rate increase authorized under this section in any 
year results in a revenue-variable cost percentage for the 
transportation to which the rate applies that is equal to or greater 
than 20 percentage points above the revenue-variable cost percentage 
applicable under section 10709(d) of this title, the Transportation 
Board may on complaint of an interested party, begin an investigation 
proceeding to determine whether the proposed rate increase violates 
this subtitle.
    ``(B) In determining whether to investigate or not to investigate 
any proposed rate increase that results in a revenue-variable cost 
percentage for the transportation to which the rate applies that is 
equal to or greater than the percentage described in subparagraph (A) 
of this paragraph (without regard to whether such rate increase is 
authorized under this section), the Transportation Board shall set 
forth its reasons therefor, giving due consideration to the following 
factors--
            ``(i) the amount of traffic which is transported at 
        revenues which do not contribute to going concern value and 
        efforts made to minimize such traffic;
            ``(ii) the amount of traffic which contributes only 
        marginally to fixed costs and the extent to which, if any, 
        rates on such traffic can be changed to maximize the revenues 
        from such traffic; and
            ``(iii) the impact of the proposed rate or rate increase on 
        the attainment of the national energy goals and the rail 
        transportation policy under section 10101a of this title, 
        taking into account the railroads' role as a primary source of 
        energy transportation and the need for a sound rail 
        transportation system in accordance with the revenue adequacy 
        goals of section 10704 of this title.
This subparagraph shall not be construed to change existing law with 
regard to the nonreviewability of such determination.''.

SEC. 316. INVESTIGATION AND SUSPENSION OF NEW PIPELINE CARRIER RATES, 
              ETC.

    Section 10708 is amended by--
            (1) striking subsection (a)(1) and inserting the following:
    ``(a)(1) The Intermodal Surface Transportation Board may begin a 
proceeding to determine the lawfulness of a proposed rate, 
classification, rule, or practice on application of an interested party 
when a new individual or joint rate or individual or joint 
classification, rule, or practice affecting a rate is proposed by a 
pipeline carrier subject to the Transportation Board's jurisdiction 
under chapter 105 of this part.'';
            (2) striking ``an express, sleeping car, or'' in the third 
        sentence of subsection (b) and inserting ``a''; and
            (3) striking subsections (d) through (g).

SEC. 317. DETERMINATION OF MARKET DOMINANCE.

    Section 10709 is amended by--
            (1) adding at the end of subsection (a) the following: ``In 
        making a determination under this section, the Transportation 
        Board shall consider the availability of other economic 
        transportation alternatives, in addition to any other factors 
        it deems relevant.''
            (2) striking ``subchapter I of'' in the first sentence of 
        subsection (b); and
            (3) striking subsection (d) and inserting the following:
    ``(d) Determinations of Rate Challenges.--
            ``(1) 180 percent safe harbor.--In making a determination 
        under this section, the Transportation Board 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.
            ``(2) Methodology.--For purposes of determining the 
        revenue-variable cost percentage for a particular 
        transportation, variable costs shall be determined by using the 
        carrier's costs, calculated using the Uniform Railroad Costing 
        System (or an alternative cost finding methodology adopted by 
        the Transportation Board in lieu thereof), with use of the 
        current cost of capital for calculating the return on 
        investment, and indexed quarterly to account for current wage 
        and price levels in the region in which the carrier operates.
            (3) Burden of proof; rebuttal.--A rail carrier may meet its 
        burden of proof under this subsection by so establishing its 
        variable costs, but a shipper may rebut that showing by 
        evidence of such type, and in accordance with such burden of 
        proof, as the Transportation Board may prescribe.
            (4) No presumptions created.--A finding by the 
        Transportation Board 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. 318. CONTRACTS.

    Section 10713 is amended by--
            (1) striking ``subchapter I of'' in the first sentence of 
        subsection (a);
            (2) striking subsection (b)(1) and inserting the following:
    ``(b)(1) A summary of each contract for the transportation of 
agricultural products, including grain as defined in section 3 of the 
United States Grain Standards Act (7 U.S.C. 75) and products thereof, 
entered into under this section shall be filed with the Transportation 
Board, containing such nonconfidential information as the 
Transportation Board prescribes. The Transportation Board shall publish 
special rules for such contracts in order to assure that the essential 
terms of the contract are available to the general public. The parties 
to any such contract shall supply a copy of the full contract to the 
Transportation Board upon request.'';
            (3) striking ``in tariff format'' in subparagraphs (A) and 
        (C) of subsection (b)(2);
            (4) striking subsection (b)(2)(D);
            (5) striking ``other than a contract for the transportation 
        of agricultural commodities (including forest products and 
        paper),'' in subsection (d)(2)(A) and inserting ``for the 
        transportation of agricultural commodities,'';
            (6) strike ``only'' in (d)(2)(A)(i);
            (7) striking ``the case of a contract for the 
        transportation of agricultural commodities (including forest 
        products and paper), in'' in subsection (d)(2)(B);
            (8) inserting ``of agricultural commodities'' after ``filed 
        by a shipper'' in subsection (d)(2)(B);
            (9) striking the last sentence of subsection (d)(2)(B);
            (10) striking ``A contract that is approved by the 
        Commission'' in subsection (i)(1) and inserting ``If the 
shipper in writing expressly waives all rights and remedies under this 
part for the transportation covered by the contract, a contract entered 
into'';
            (11) striking subsections (l) and (m); and
            (12) striking ``(including forest products but not 
        including wood pulp, wood chips, pulpwood or paper)'' in 
        subsection (i)(1).

SEC. 319. RATES AND LIABILITY BASED ON VALUE.

    Section 10730 is amended by--
            (1) striking subsections (a) and (b);
            (2) striking ``(c)'';
            (3) striking ``rail carrier'' and inserting ``carrier''; 
        and
            (4) striking ``subchapter I of''.

SEC. 320. PROHIBITIONS AGAINST DISCRIMINATION BY COMMON CARRIERS.

    Section 10741 is amended by--
            (1) striking ``subchapter I of'' in subsection (a);
            (2) striking subsection (c) and inserting the following:
    ``(c) A carrier providing transportation subject to the 
jurisdiction of the Transportation Board under chapter 105 of this 
title may not subject a freight forwarder providing service subject to 
jurisdiction under part B of this subtitle to unreasonable 
discrimination whether or not the freight forwarder is controlled by 
that carrier.'';
            (3) striking ``subchapter I of'' in subsection (e);
            (4) striking subsection (f)(1) and inserting the following: 
        ``(1) contracts under section 10713 of this title;'';
            (5) striking paragraphs (2), (3), and (5) of subsection (f) 
        and redesignating paragraph (4) as paragraph (2); and
            (6) striking ``paragraphs (2), (3), and (4)'' in subsection 
        (f) and inserting ``paragraph (2)''.

SEC. 321. FACILITIES FOR INTERCHANGE OF TRAFFIC.

    Section 10742 is amended by--
            (1) striking ``subchapter I or III of'' and ``passengers 
        and''; and
            (2) striking ``either of those subchapters.'' and inserting 
        ``Part A or B of this subtitle.''.

SEC. 322. LIABILITY FOR PAYMENT OF RATES.

    Section 10744 is amended by--
            (1) striking ``, motor, or water common'' in the first 
        sentence of subsection (a)(1);
            (2) striking ``or express'' in the first sentence of 
        subsection (b);
            (3) striking ``subtitle'' in the first sentence of 
        subsections (a)(1) and (b) and inserting ``part'';
            (4) striking paragraph (2) of subsection (c) and 
        renumbering paragraph (3) as paragraph (2); and
            (5) striking ``or express'' in subsection (c)(2), as 
        redesignated.

SEC. 323. CONTINUOUS CARRIAGE OF FREIGHT.

    Section 10745 is amended by striking ``subchapter I of''.

SEC. 324. TRANSPORTATION SERVICES OR FACILITIES FURNISHED BY SHIPPER.

    Section 10747 is amended by--
            (1) striking the first and second sentences and inserting 
        the following: ``A carrier providing transportation or service 
        subject to the jurisdiction of the Intermodal Surface 
        Transportation Board under chapter 105 of this title may 
        establish 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 
        Transportation Board may prescribe the maximum reasonable 
        charge or allowance paid for such service or instrumentality 
        furnished.''; and
            (2) striking ``on its own initiative or'' in the last 
        sentence.

SEC. 325. DEMURRAGE CHARGES.

    Section 10750 is amended by striking ``subchapter I of''.

SEC. 326. TRANSPORTATION PROHIBITED WITHOUT TARIFF.

    Section 10761 is amended to read as follows:
``Sec. 10761. Transportation prohibited without tariff
    ``Except when providing transportation by contract as provided in 
this subtitle, a carrier providing transportation of agricultural 
products including grain as defined in section 3 of the United States 
Grain Standards Act (7 U.S.C. 75) and products thereof, subject to the 
jurisdiction of the Intermodal Surface Transportation Board under 
chapter 105 of this title shall provide that transportation only if the 
rate for the transportation is contained in a tariff that is in effect 
under this subchapter. A carrier subject to this subsection may not 
charge or receive a different compensation for that transportation 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 another 
device.''.

SEC. 326. GENERAL ELIMINATION OF TARIFF FILING REQUIREMENTS.

    Section 10762 is amended to read as follows:
``Sec. 10762. General elimination of tariff filing requirements
    ``(a) Except as provided in this section and section 10713 of this 
title, a carrier providing transportation of agricultural products 
including grain as defined in section 3 of the United States Grain 
Standards Act (7 U.S.C. 75) and products thereof, subject to the 
jurisdiction of the Intermodal Surface Transportation Board under 
chapter 105 of this title shall publish, keep open and retain for 
public inspection, and immediately furnish to an entity requesting the 
same, tariffs containing its rates for the transportation of such 
commodities and its classifications, rules, and practices related to 
such rates.
    ``(b)(1) Within 180 days after the enactment of the Interstate 
Commerce Commission Sunset Act of 1995, the Intermodal Surface 
Transportation Board shall prescribe the form and manner of publishing, 
keeping open, furnishing to the public, and retaining for public 
inspection tariffs under this section. The Transportation Board may 
prescribe specific charges to be identified in a tariff required under 
this section to be published, kept open, furnished to the public, or 
retained for public inspection, but those tariffs must identify 
plainly--
            ``(A) the places between which property will be 
        transported;
            ``(B) privileges given and facilities allowed; and
            ``(C) any rules that change, affect, or determine any part 
        of the published rate.
    ``(2) A joint tariff published and filed by a carrier under this 
section shall identify the carriers that are parties to it. The 
carriers that are parties to a joint tariff, other than the carrier 
filing it, must file a concurrence or acceptance of the tariff with the 
Transportation Board. The Transportation Board may prescribe or approve 
what constitutes a concurrence or acceptance.
    ``(c)(1) When a carrier proposes to change a rate for 
transportation subject to this section, or a classification, rule, or 
practice related to such rate the carrier shall publish, transmit, and 
keep open for public inspection a notice of the proposed change as 
required under subsections (a) and (b) of this section.
    ``(2) A notice published or filed under this subsection shall 
plainly identify the proposed change or new or reduced rate and 
indicate its proposed effective date. A proposed rate change resulting 
in an increased rate or a new rate shall not become effective for 20 
days after the notice is published and a proposed rate change resulting 
in a reduced rate shall not become effective for 1 day after the notice 
is published, except that a contract authorized under section 10713 of 
this title shall become effective in accordance with the provisions of 
such section.
    ``(d) The Transportation Board may reduce the notice period of 
subsection (c) of this section if cause exists. The Transportation 
Board may change the other requirements of this section if cause exists 
in particular instances or as they apply to special circumstances.
    ``(e) Acting in response to a complaint or on its own motion, the 
Transportation Board may reject a tariff published or filed under this 
section if that tariff violates this section or a regulation of the 
Transportation Board carrying out this section.''.

SEC. 327. DESIGNATION OF CERTAIN ROUTES.

    Section 10763 is amended by striking ``subchapter I of'' in 
subsection (a)(1).

SEC. 328. AUTHORIZING CONSTRUCTION AND OPERATION OF RAILROAD LINES.

    Section 10901 is amended by--
            (1) striking ``subchapter I of'' in subsection (a); and
            (2) adding at the end the following new subsection:
    ``(f) Special Rule for Non-Class I Transactions.--For all 
transactions involving Class II freight rail carriers, Class III 
freight rail carriers and non-carriers, that are not owned or 
controlled by a Class I rail carrier and that are not a commuter, 
switching or terminal railroad, which propose to sell, acquire, 
construct, operate, or provide transportation over a railroad line 
pursuant to this section, the Transportation Board may, consistent with 
the public interest, require an arrangement for the protection of the 
interest of railroad employees who are adversely affected by the 
transaction not to exceed one year's salary per adversely affected 
employee and protection no less than required by sections 2 through 5 
of the Worker Adjustment and Retraining Act, unless the adversely 
affected employees or their representatives and the parties to the 
transaction agree otherwise.''.

SEC. 329. AUTHORIZING ACTION TO PROVIDE FACILITIES.

    Section 10902 is amended by striking ``subchapter I of'' in the 
first sentence.

SEC. 330. AUTHORIZING ABANDONMENT AND DISCONTINUANCE.

    Section 10903 is amended by striking ``subchapter I of'' in 
subsection (a).

SEC. 331. FILING AND PROCEDURE FOR APPLICATIONS TO ABANDON OR 
              DISCONTINUE.

    Section 10904 is amended by--
            (1) striking ``subchapter I of'' in subsection (a)(2);
            (2) striking subsection (d)(2);
            (3) striking ``(1)'' in subsection (d); and
            (4) striking ``the application was approved by the 
        Secretary of Transportation as part of a plan or proposal under 
        section 333(a)-(d) of this title, or'' in subsection (e)(3).

SEC. 332. EXCEPTIONS.

    Section 10907 is amended by striking ``subchapter I of'' in 
subsection (a).

SEC. 333. RAILROAD DEVELOPMENT.

    Section 10910 is amended by--
            (1) striking paragraph (2) of subsection (a) and inserting 
        the following:
            ``(2) `railroad line' means any line of railroad.'';
            (2) striking ``the effective date of the Staggers Rail Act 
        of 1980'' in subsection (g)(2), and inserting ``October 1, 
        1980,''; and
            (3) striking subsection (k) and inserting the following:
    ``(k) The Transportation Board shall maintain such regulations and 
procedures as may be necessary to carry out the provisions of this 
section.''.

SEC. 334. PROVIDING TRANSPORTATION, SERVICE, AND RATES.

    Section 11101 is amended to read as follows:
``Sec. 11101. Providing transportation, service, and rates
    ``(a) A carrier providing transportation or service subject to the 
jurisdiction of the Intermodal Surface Transportation Board under 
chapter 105 of this title shall provide the transportation or service 
on reasonable request.
    ``(b) Notwithstanding any other provision of this title, a rail 
carrier providing transportation service subject to the jurisdiction of 
the Transportation Board under chapter 105 of this title shall provide, 
on reasonable written request, common carrier rates and other common 
carrier service terms of the type requested for specified services 
between specified points. The response by a rail carrier to a request 
for such rates or other service terms shall be in writing and forwarded 
to the requesting person no later than 30 days after receipt of the 
request. A rail carrier shall not refuse to respond to a request under 
this subsection on grounds that the movement at issue is subject at the 
time a request is made to a contract entered into under section 10713 
of this title.
    ``(c) Common carrier rates and service terms provided pursuant to 
subsection (b) of this section shall be subject to the provisions of 
this title.
    ``(d) A rail carrier may not increase any common carrier rates, or 
change any common carrier service terms, provided pursuant to 
subsection (b) unless at least 20 days' written notice is first 
provided to the person that made the request for the issue rate or 
service. Any such increases or changes shall be subject to provisions 
of this subtitle.''.

SEC. 335. USE OF TERMINAL FACILITIES.

    Section 11103 is amended by striking ``subchapter I of'' in 
subsection (a).

SEC. 336. SWITCH CONNECTIONS AND TRACKS.

    Section 11104 is amended by striking ``subchapter I of'' in 
subsection (a).

SEC. 337. CRITERIA.

    Section 11121 is amended by--
            (1) striking ``subchapter I of'' in subsection (a)(1);
            (2) striking subsection (a)(2) and inserting the following:
            ``(2) The Transportation Board may require a rail carrier 
        to file its car service rules with the Transportation Board.'';
            (3) striking ``, 11127,'' in subsection (b); and
            (4) adding at the end the following:
    ``(c) The Transportation Board shall consult, as it deems 
necessary, with the National Grain Car Council on matters within the 
charter of that body.''.

SEC. 338. REROUTING TRAFFIC ON FAILURE OF RAIL CARRIER TO SERVE PUBLIC.

    Section 11124 is amended by striking ``subchapter I of'' in 
subsection (a).

SEC. 339. DIRECTED RAIL TRANSPORTATION.

    Section 11125 is amended by striking ``subchapter I of'' in 
subsection (a).

SEC. 340. WAR EMERGENCIES; EMBARGOES.

    Section 11128 is amended by--
            (1) striking ``sections 11123(a)(4) and 11127(a)(1)(C)'' 
        and inserting ``section 11123(a)'' in subsection (a)(1); and
            (2) striking ``subchapter I of'' in subsection (a)(2).

SEC. 341. DEFINITIONS FOR SUBCHAPTER III.

    Section 11141 is amended to read as follows:
``Sec. 11141. Definitions
    ``In this subchapter--
            ``(1) `carrier' and `lessor' include a receiver or trustee 
        of a carrier and lessor respectively.
            ``(2) `lessor' means a person owning a railroad or a 
        pipeline that is leased to and operated by a carrier providing 
        transportation subject to the jurisdiction of the Intermodal 
        Surface Transportation Board under chapter 105 of this title.
            ``(3) `association' means an organization maintained by or 
        in the interest of a group of carriers providing transportation 
        or service subject to the jurisdiction of the Intermodal 
        Surface Transportation Board that performs a service, or 
        engages in activities, related to transportation under this 
        part.''.

SEC. 342. DEPRECIATION CHARGES.

    Section 11143 is amended by--
            (1) striking ``subchapter I or III of''; and
            (2) striking ``and may, for a class of carriers providing 
        transportation subject to its jurisdiction under subchapter II 
        of that chapter,''.

SEC. 343. RECORDS, ETC.

    Section 11144 is amended by--
            (1) striking ``, brokers,'' in subsection (a)(1);
            (2) striking ``or express'' and ``subchapter I of'' in 
        subsection (a)(2);
            (3) striking ``, broker,'' in subsection (b)(1);
            (4) striking ``broker,'' in subsection (b)(2)(A);
            (5) striking ``or express'' in subsection (b)(2)(C);
            (6) redesignating subsection (d) as subsection (c); and
            (7) striking ``brokers,'' in subsection (c), as 
        redesignated.

SEC. 344. REPORTS BY CARRIERS, LESSORS, AND ASSOCIATIONS.

    Section 11145 is amended by--
            (1) striking ``brokers,'' in subsection (a)(1);
            (2) striking ``or express,'' in subsection (a)(2);
            (3) striking ``broker,'' in the first sentence of 
        subsection (b)(1);
            (4) striking the second sentence of subsection (b)(1); and
            (5) striking subsection (c).

SEC. 345. ACCOUNTING AND COST REPORTING.

    Section 11166 is amended by--
            (1) striking ``subchapter I of'' in the first sentence of 
        subsection (a);
            (2) striking the third sentence of subsection (a); and
            (3) striking ``the cost accounting principles established 
        by the Transportation Board or under generally accepted 
        accounting principles or the requirements of the Securities and 
        Exchange Commission'' in subsection (b) and inserting ``the 
        appropriate cost accounting principles''.

SEC. 346. EQUIPMENT TRUSTS.

    Section 11303 is amended by adding at the end thereof the 
following:
    ``(c) The Transportation Board shall collect, maintain and keep 
open for public inspection a railway equipment register consistent with 
the manner and format maintained at the time of enactment of the 
Interstate Commerce Commission Sunset Act of 1995.
    ``(d) 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.
    ``(e) 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.''.

SEC. 347. RESTRICTIONS ON OFFICERS AND DIRECTORS.

    Section 11322 is amended by--
            (1) redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively;
            (2) inserting before subsection (b), as redesignated, the 
        following:
    ``(a) In this section ``carrier'' means a rail carrier providing 
transportation subject to the jurisdiction of the Intermodal Surface 
Transportation Board under chapter 105 of this title (except a street, 
suburban, or interurban electric railway not operated as a part of a 
general railroad system of transportation), and a corporation organized 
to provide transportation by rail carrier subject to that chapter.'';
            (3) striking ``as defined in section 11301(a)(1) of this 
        title'' in subsection (b) as redesignated; and
            (4) striking ``subsection (a)'' and inserting ``subsection 
        (b)'' in subsection (c), as redesignated.

SEC. 348. LIMITATION ON POOLING AND DIVISION OF TRANSPORTATION OR 
              EARNINGS.

    Section 11342 is amended by--
            (1) striking ``subchapter I, II, or III of'' in the first 
        sentence of subsection (a);
            (2) striking ``Except as provided in subsection (b) for 
        agreements or combinations between or among motor common 
        carriers of property, the'' in the second sentence of 
        subsection (a) and inserting ``The''; and
            (3) striking subsections (b) and (d) and redesignating 
        subsections (c) and (e) as subsections (b) and (c), 
        respectively.

SEC. 349. CONSOLIDATION, MERGER, AND ACQUISITION OF CONTROL.

    Section 11343 is amended by--
            (1) inserting ``(except a pipeline carrier)'' after 
        ``involving carriers'' in subsection (a);
            (2) striking ``subchapter I (except a pipeline carrier), 
        II, or III of'' in subsection (a);
            (3) striking paragraph (1) of subsection (d) and striking 
        ``(2)'' in paragraph (2); and
            (4) striking subsection (e).

SEC. 350. GENERAL PROCEDURE AND CONDITIONS OF APPROVAL FOR 
              CONSOLIDATION, ETC.

    Section 11344 is amended by--
            (1) striking the third sentence in subsection (a);
            (2) striking ``subchapter I of that chapter'' in the last 
        sentence of subsection (a) and inserting ``chapter 105'';
            (3) striking paragraph (2) of subsection (b) and striking 
        ``(1)'' in the first paragraph of subsection (b);
            (4) striking the fourth sentence of subsection (c);
            (5) striking ``When a rail carrier is involved in the 
        transaction, the'' in the last sentence of subsection (c) and 
        inserting ``The'';
            (6) striking the last two sentences of subsection (d); and
            (7) striking subsection (e).

SEC. 351. RAIL CARRIER PROCEDURE FOR CONSOLIDATION, ETC.

    Section 11345 is amended by--
            (1) striking ``subchapter I of'' in the first sentence of 
        subsection (a);
            (2) inserting ``, including comments by the Secretary of 
        Transportation and the Attorney General,'' before ``may be 
        filed'' in the first sentence of subsection (c)(1);
            (3) striking the last two sentences of subsection (c)(1);
            (4) inserting ``, including comments by the Secretary of 
        Transportation and the Attorney General,'' before ``may be 
        filed'' in the first sentence of subsection (d)(1); and
            (5) striking the last two sentences of subsection (d)(1).

SEC. 352. EMPLOYEE PROTECTIVE ARRANGEMENTS.

    Section 11347 is amended by striking ``or section 11346'' in the 
first sentence.

SEC. 353. AUTHORITY OVER NONCARRIER ACQUIRERS.

    Section 11348 is amended by--
            (1) striking ``(a)'' in subsection (a);
            (2) striking subsection (b); and
            (3) striking all after the colon and inserting ``sections 
        504(f) and 10764, subchapter III of chapter 111, and sections 
        11901(e) and 11909.''.

SEC. 354. AUTHORITY OVER INTRASTATE TRANSPORTATION.

    Section 11501 is amended by--
            (1) striking subsections (a), (e), (g) and (h) and 
        redesignating subsections (b), (c), (d), and (f) as subsections 
        (a), (b), (c) and (d), respectively;
            (2) striking paragraphs (2) through (6) of subsection (a), 
        as redesignated;
            (3) striking ``(1)'' and ``subchapter I of'' in subsection 
        (a), as redesignated;
            (4) striking ``subchapter I of'' in subsection (b), as 
        redesignated;
            (5) striking ``subchapter I of'' in subsection (c)(1), as 
        redesignated;
            (6) striking ``subsection (a) of this section and'' in 
        subsection (c)(2), as redesignated; and
            (7) striking the first sentence of subsection (d), as 
        redesignated, and inserting the following: ``The Transportation 
        Board may take action under this section only after a full 
        hearing.''.

SEC. 355. TAX DISCRIMINATION AGAINST RAIL TRANSPORTATION PROPERTY.

    Section 11503 is amended by--
            (1) striking ``subchapter I of'' in subsection (a)(3); and
            (2) striking ``subchapter I of'' in subsection (b)(4).

SEC. 356. WITHHOLDING STATE AND LOCAL INCOME TAX BY CERTAIN CARRIERS.

    Section 11504 is amended by--
            (1) striking ``subchapter I of'' in subsection (a);
            (2) striking subsections (b) and (c) and redesignating 
        subsection (d) as subsection (b); and
            (3) striking ``, motor, and motor private'' and 
        ``subsection (a) or (b) of'' in subsection (b), as 
        redesignated.

SEC. 357. GENERAL AUTHORITY FOR ENFORCEMENT, INVESTIGATIONS, ETC.

    Section 11701 is amended by--
            (1) striking ``, broker or freight forwarder'' in the 
        second and fourth sentences of subsection (a);
            (2) striking the third sentence of subsection (a);
            (3) striking the first 2 sentences of subsection (b) and 
        inserting the following: ``A person, including a governmental 
        authority, may file with the Transportation Board a complaint 
        about a violation of this part by a carrier providing 
        transportation or service subject to the jurisdiction of the 
        Transportation Board under this part. The complaint must state 
        the facts that are the subject of the violation.''; and
            (4) striking ``subchapter I of'' in the last sentence of 
        subsection (b).

SEC. 358. ENFORCEMENT.

    Section 11702 is amended by--
            (1) striking ``(a)'' in subsection (a);
            (2) striking paragraphs (4) through (6) of subsection (a);
            (3) striking ``or 10933'' in paragraph (1);
            (4) striking paragraph (2) and inserting the following:
            ``(2) to enforce subchapter III of chapter 113 of this 
        title and to compel compliance with an order of the 
        Transportation Board under that subchapter; and''
            (5) striking ``subchapter I of'' in paragraph (3);
            (6) striking the semicolon at the end of paragraph (3) and 
        inserting a period; and
            (7) striking subsection (b).

SEC. 359. ATTORNEY GENERAL ENFORCEMENT.

    Section 11703 is amended by striking ``or permit'' wherever it 
appears in subsection (a).

SEC. 360. RIGHTS AND REMEDIES.

    Section 11705 is amended by--
            (1) striking ``or a freight forwarder'' in subsection (a);
            (2) striking subsection (b)(1) and inserting the following:
    ``(b)(1) A carrier providing transportation or service subject to 
the jurisdiction of the Transportation Board under chapter 105 of this 
title is liable to a person for amounts charged that exceed the 
applicable rate for the transportation or service.'';
            (3) striking ``subparagraph I or III of'' in subsection 
        (b)(2);
            (4) striking subsection (b)(3);
            (5) striking ``subchapter I or III of'' in the first 
        sentence of subsection (c)(1);
            (6) striking the second sentence of subsection (c)(1);
            (7) striking ``subchapter I or III of'' in the second 
        sentence of subsection (c)(2);
            (8) striking ``subchapter I or III of'' in the first 
        sentence of subsection (d)(1); and
            (9) striking ``, or (D) if a water carrier, in which a port 
        of call on a route operated by that carrier is located'' and 
        inserting ``or'' before ``(C)'' in the fourth sentence of 
        subsection (d)(1).

SEC. 361. LIMITATION ON ACTIONS.

    Section 11706 is amended by--
            (1) striking subsection (a) and inserting the following:
    ``(a) A carrier providing transportation or service subject to the 
jurisdiction of the Intermodal Surface Transportation Board under 
chapter 105 of this title must begin a civil action to recover charges 
for the transportation or service provided by the carrier within 3 
years after the claim accrues.'';
            (2) striking the first sentence of subsection (b) and 
        inserting ``A person must begin a civil action to recover 
        overcharges under section 11705(b)(1) of this title within 3 
        years after the claim accrues.'';
            (3) striking ``subchapter I or III of'' in the last 
        sentence of subsection (b);
            (4) striking ``(1)'' in subsection (c);
            (5) striking paragraph (2) of subsection (c); and
            (6) striking ``(c)(1)'' in the second sentence of 
        subsection (d) and inserting ``(c)''.

SEC. 362. LIABILITY OF COMMON CARRIERS UNDER RECEIPTS AND BILLS OF 
              LADING.

    (a) Section 11707 is amended by--
            (1) striking ``(a)(1)'' in subsection (a) and inserting 
        ``(a)'';
            (2) striking paragraph (2) of subsection (a);
            (3) striking ``subchapter I, II, or IV of'' and ``and a 
        freight forwarder'' in the first sentence of subsection (a), as 
        amended;
            (4) striking ``or freight forwarder'' in the second 
        sentence of subsection (a), as amended;
            (5) striking ``subchapter I, II, or IV'' in the second 
        sentence of subsection (a), as amended, and inserting ``chapter 
        105 or subject to jurisdiction under part B of this subtitle'';
            (6) striking ``, except in the case of a freight 
        forwarder,'' in the third sentence of subsection (a), as 
        amended;
            (7) striking ``diverted under a tariff filed under 
        subchapter IV of chapter 107 of this title.'' in the third 
        sentence of subsection (a), as amended, and inserting 
        ``diverted.'';
            (8) striking ``or freight forwarder'' in the fourth 
        sentence of subsection (a);
            (9) striking ``and freight forwarder'' in subsection 
        (c)(1), and striking ``filed with the Commission'';
            (10) striking paragraph (3) of subsection (c) and 
        redesignating paragraph (4) as paragraph (3);
            (11) striking ``or freight forwarder'' wherever it appears 
        in subsection (e); and
            (12) striking ``or freight forwarder's'' in subsection 
        (e)(2).
    (b) The index for chapter 117 is amended by striking out the item 
relating to section 11707 and inserting in lieu thereof the following:

    ``Sec. 11707. Liability of Carriers under receipts and bills of 
                                lading.''.

SEC. 363. LIABILITY WHEN PROPERTY IS DELIVERED IN VIOLATION OF ROUTING 
              INSTRUCTIONS.

    Section 11710 is amended by striking ``subchapter I of'' in 
subsection (a)(1).

SEC. 364. GENERAL CIVIL PENALTIES.

    Section 11901 is amended by:
            (1) striking ``subchapter I of'' in subsection (a) and 
        subsection (b);
            (2) striking subsection (c) and subsections (g) through 
        (l), and redesignating subsections (d) through (f) as (c) 
        through (e), respectively, and subsection (m) as (f);
            (3) striking ``11127'' in subsection (d), as redesignated;
            (4) striking ``(1)'' in subsection (d), as redesignated, 
        and striking paragraph (2) of that subsection;
            (5) striking ``subchapter I of'' each place it appears in 
        subsection (e), as redesignated;
            (6) striking ``(1)'' in subsection (f), as redesignated, 
        and striking paragraph (2) of that subsection; and
            (7) striking ``subsections (a)-(f) of'' in subsection (f), 
        as redesignated.

SEC. 365. CIVIL PENALTY FOR ACCEPTING REBATES FROM COMMON CARRIER.

    Section 11902 is amended by striking ``contained in a tariff filed 
with the Commission under subchapter IV of chapter 107 of this title''.

SEC. 366. RATE, DISCRIMINATION, AND TARIFF VIOLATIONS.

    Section 11903 is amended by striking ``under chapter 107 of this 
title'' in subsection (a).

SEC. 367. ADDITIONAL RATE AND DISCRIMINATION VIOLATIONS.

    Section 11904 is amended by--
            (1) striking subsections (b) through (d);
            (2) striking ``(a)(1)'' in subsection (a) and inserting 
        ``(a)'';
            (3) redesignating paragraphs (2) and (3) of subsection (a) 
        as subsections (b) and (c), respectively;
            (4) striking ``(A)'' and ``(B)'' in subsection (b), as 
        redesignated, and inserting ``(1)'' and ``(2)'', respectively;
            (5) striking ``subchapter I of'' in subsections (b) and 
        (c), as redesignated; and
            (6) striking `under chapter 107 of this title'' in 
        subsection (b), as redesignated.

SEC. 368. INTERFERENCE WITH RAILROAD CAR SUPPLY.

    Section 11907 is amended by striking ``subchapter I of'' in 
subsections (a) and (b).

SEC. 369. RECORD KEEPING AND REPORTING VIOLATIONS.

    Section 11909 is amended by--
            (1) striking subsections (b) through (d);
            (2) striking ``subchapter I of'' in subsection (a); and
            (3) striking ``(a)'' in subsection (a).

SEC. 370. UNLAWFUL DISCLOSURE OF INFORMATION.

    Section 11910 is amended by--
            (1) striking paragraphs (2) through (4) of subsection (a);
            (2) striking ``(a)(1)'' in subsection (a) and inserting 
        ``(a)'';
            (3) striking ``(A)'' and ``(B)'' in subsection (a) and 
        inserting ``(1)'' and ``(2)'', respectively;
            (4) striking ``subchapter I of'' in subsections (a) and 
        (d); and
            (5) striking ``or broker'' in subsection (b).

SEC. 371. CONSOLIDATION, MERGER, AND ACQUISITION OF CONTROL.

    Section 11912 is amended by striking out ``11346,''.

SEC. 372. GENERAL CRIMINAL PENALTY.

    Section 11914 is amended by--
            (1) striking subsections (b) through (d);
            (2) striking ``(a)'' in subsection (a);
            (3) striking ``subchapter I of'' in the first sentence; and
            (4) striking ``11321(a) or'' in the last sentence.

SEC. 373. FINANCIAL ASSISTANCE FOR STATE PROJECTS.

    Section 22101 is amended by striking ``subchapter I of'' in the 
first sentence of subsection (a).

SEC. 374. STATUS OF AMTRAK AND APPLICABLE LAWS.

    Section 24301 is amended by striking ``subchapter I of'' in 
subsection (c)(2)(B) and (d).

SEC. 375. RAIL-SHIPPER TRANSPORTATION ADVISORY COUNCIL.

    (a) Establishment.--Chapter 103 is amended by adding at the end 
thereof the following:

   ``SUBCHAPTER VI. RAIL AND SHIPPER TRANSPORTATION ADVISORY COUNCIL

Sec. 10391. Rail and Shipper Transportation Advisory Council
    ``(a) Establishment; Membership.--There is established the Rail-
Shipper Transportation Advisory Council (hereinafter in this section 
referred to as the ``Council'') to be composed of 15 members appointed 
by the Chairman of the Transportation Board, upon recommendation from 
carrier and shipper groups, within 60 days after the date of enactment 
of the Interstate Commerce Commission Sunset Act of 1995. The members 
of the Council shall be appointed as follows:
            ``(1) The members of the Council shall be appointed from 
        among citizens of the United States who are not regular full-
        time employees of the United States and shall be selected for 
        appointment so as to provide as nearly as practicable a broad 
        representation of the various segments of the rail and rail 
        shipper industry.
            ``(2) Nine of the members shall be appointed from senior 
        executive officers of organizations engaged in the railroad and 
        rail shipping industry, which 9 members shall be the voting 
        members of the Council. Council action and Council positions 
        shall be determined by a majority vote of said members or by a 
        majority vote of a quorum thereof. A majority of such voting 
        members shall constitute a quorum. Of such 9 voting members--
                    ``(A) at least 4 shall be from organizations 
                representative of small shippers (as determined by the 
                Chairman); and
                    ``(B) at least 4 shall be from organizations 
                representative of small railroads (Class II or III).
            ``(3) The remaining 6 members of the Council shall serve in 
        a non-voting advisory capacity only, but shall be entitled to 
        participate in Council deliberations. Of said remaining 
        members--
                    ``(A) 3 shall be from Class I railroads; and
                    ``(B) 3 shall be from large shipper organizations 
                (as determined by the Chairman).
            ``(4) The Secretary of Transportation and the members of 
        the Transportation Board shall serve as ex officio members of 
        the Council. The Council shall not be subject to the Federal 
        Advisory Committee Act. A list of the members appointed to the 
        Council shall be forwarded to the Chairmen and ranking members 
        of the Senate Committee on Commerce, Science, and 
        Transportation and the House Committee on Transportation and 
        Infrastructure.
            ``(5) Each ex-officio member of the Council may designate 
        an alternate, who shall serve as a member of the Council 
        whenever the ex-officio member is unable to attend a meeting of 
        the Council. Any such designated alternate shall be selected 
        from individuals who exercise significant decision-making 
        authority in the Federal agency involved.
    ``(b) Term of Office.--The members of the Council shall be 
appointed for a term of office of three years, except that of the 
members first appointed--
            ``(1) 5 members shall be appointed for terms of 1 year, and
            ``(2) 5 members shall be appointed for terms of 2 years,
as designated by the Chairman at the time of appointment. Any member 
appointed to fill a vacancy occurring before the expiration of the term 
for which the member's predecessor was appointed shall be appointed 
only for the remainder of such term. A member may serve after the 
expiration of his term until his successor has taken office. Vacancies 
on the Council shall be filled in the same manner in which the original 
appointments were made. No member of the Council shall be eligible to 
serve in excess of two consecutive terms.
    ``(c) Election and Duties of Officers.--The Council Chairman and 
Vice Chairman and other appropriate officers of the Council shall be 
elected by and from the voting members of the Council. The Council 
Chairman shall serve as the Council's executive officer and shall 
direct the administration of the Council, assign officer and committee 
duties, and shall be responsible for issuing and communicating the 
reports, policy positions and statements of the Council. In the event 
that the Council Chairman is unable to serve, the Vice Chairman shall 
act as Council Chairman.
    ``(d) Expenses.--The members of the Council shall receive no 
compensation for their services as such, but upon request by the 
Council Chairman, based on a showing of significant economic burden, 
the Secretary of Transportation or the Chairman may provide reasonable 
and necessary travel expenses for such individual Council members from 
Department or Transportation Board funding sources in order to foster 
balanced representation on the Council. Upon request by the Council 
Chairman, the Secretary or Chairman may but is not required to pay the 
reasonable and necessary expenses incurred by the Council in connection 
with the coordination of Council activities, announcement and reporting 
of meetings, and preparation of such Council documents as are required 
or permitted by this Act. However, prior to making any funding requests 
the Council Chairman shall undertake best efforts to fund such 
activities privately unless he or she reasonably feels such private 
funding would create irreconcilable conflicts or the appearance 
thereof, or is otherwise impractical. The Council Chairman shall not 
request funding from any federal agency unless he or she provides 
written justification as to why private funding would create such 
conflict or appearance, or is otherwise impractical. To enable the 
Council to carry out its functions--
            ``(1) the Council Chairman may request directly from any 
        Federal department or agency such personnel, information, 
        services, or facilities, on a compensated or uncompensated 
        basis, as he or she determines necessary to carry out the 
        functions of the Council;
            ``(2) each Federal department or agency may, in their 
        discretion, furnish the Council with such information, 
        services, and facilities as the Council Chairman may request to 
the extent permitted by law and within the limits of available funds; 
and
            ``(3) Federal agencies and departments may, in their 
        discretion, detail to temporary duty with the Council, such 
        personnel as the Council Chairman may request for carrying out 
        the functions of the Council, each such detail to be without 
        loss of seniority, pay, or other employee status.
    ``(e) Meetings.--The Council shall meet at least semi-annually and 
shall hold such other meetings as deemed prudent by and at the call of 
the Council Chairman. Appropriate federal facilities, where available, 
may be used for such meetings. Whenever the Council, or a committee of 
the Council, considers matters that affect the jurisdictional interests 
of Federal agencies that are not represented on the Council, the 
Council Chairman may invite the heads of such agencies, or their 
alternates, to participate in the deliberations of the Council.
    ``(f) Functions and Duties; Annual Report.--The Council shall 
advise the Secretary, Chairman, and relevant Congressional 
transportation policy oversight committees with respect to rail 
transportation policy issues it deems significant, with particular 
attention to issues of importance to small shippers and small 
railroads, including car supply, rates, competition, and effective 
procedures for addressing legitimate shipper and other claims. To the 
extent the Council addresses specific grain car issues, it shall 
coordinate such activities with the Grain Car Council. The Secretary 
and Chairman shall work in cooperation with the Council to provide 
research, technical and other reasonable support in developing any 
documents provided for hereby. The Council shall endeavor to develop 
within the private sector mechanisms to prevent or identify and 
effectively address obstacles to the most effective and efficient 
transportation system practicable. The Council shall prepare an annual 
report concerning its activities and the results of Council efforts to 
resolve industry issues within the Council structure in lieu of seeking 
regulatory or legislative relief, and propose whatever regulatory or 
legislative relief it deems appropriate in the event such efforts are 
unsuccessful. The Council shall include therein such recommendations as 
it deems appropriate with respect to the performance of the Secretary 
and Chairman under this chapter, and with respect to the operation and 
effectiveness of meetings and industry developments relating to the 
Council's efforts, and such other information as it deems appropriate. 
Such annual reports shall be reviewed by the Secretary and Chairman, 
and shall include the Secretary's and Chairman's views or comments 
relating to the accuracy of information therein, Council efforts and 
reasonableness of Council positions and actions and any other aspects 
of the Council's work as they may deem appropriate. The Council may 
prepare other reports or develop policy statements as the Council deems 
appropriate. Each annual report shall cover a fiscal year and shall be 
submitted to the Secretary and Chairman on or before the thirty-first 
day of December following the close of the fiscal year. Other such 
reports and statements may be communicated as the Council deems 
appropriate.''.
    (b) Conforming Amendment.--The table of subchapters for chapter 103 
is amended by adding at the end thereof the following:

       ``SUBCHAPTER VI. RAIL AND SHIPPER TRANSPORTATION ADVISORY 
                                COUNCIL

    ``10391. Rail and shipper advisory council.''.

 TITLE IV--MOTOR CARRIER, WATER CARRIER, BROKER, AND FREIGHT FORWARDER 
                             TRANSPORTATION

                     Subtitle A--Addition of Part B

SEC. 401. ENACTMENT OF PART B OF SUBTITLE IV, TITLE 49, UNITED STATES 
              CODE.

    Subtitle IV is amended by inserting after chapter 119 the 
following:

    ``Part B--Motor Carriers, Water Carriers, Brokers, and Freight 
                               Forwarders

                   ``CHAPTER 131--GENERAL PROVISIONS

``Sec. 13101. Transportation policy
    ``(a) Except where policy has an impact on rail carriers, in which 
case the principles of section 10101a of this title shall govern, 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 provide 
for the impartial regulation of the modes of transportation , and--
            ``(1) in regulating 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 regulating 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 
        Federal regulatory efficiency in the motor carrier 
        transportation system and to require fair and expeditious 
        regulatory decisions when regulation is 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 regulating 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 of this title and 
        the Bus Regulatory Reform Act of 1995 of 1982 are not nullified 
        by State regulatory actions.
    ``(b) This part shall be administered and enforced to carry out the 
policy of this section.
``Sec. 13102. Definitions
    ``In this part--
            ``(1) `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' 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' means--
                    ``(A) for transportation provided before the date 
                of enactment of the Interstate Commerce Commission 
                Sunset Act of 1995, service provided pursuant to a 
                permit issued under former section 10923 of this 
                subtitle; and
                    ``(B) for transportation provided on or after that 
                date, service provided under an agreement entered into 
                under section 14101(b) of this part;
            ``(4) `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' means a person (including a 
        motor carrier of property but excluding a motor private 
        carrier)--
                    ``(A)(i) which is domiciled in a contiguous foreign 
                country; or
                    ``(ii) which is owned or controlled by persons of a 
                contiguous foreign country and is not domiciled in the 
                United States; and
                    ``(B) in the case of a person which is not a motor 
                carrier of property, which 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' means a person 
        (including a motor private carrier but excluding a motor 
        carrier of property)--
                    ``(A)(i) which is domiciled in a contiguous foreign 
                country; or
                    ``(ii) which is owned or controlled by persons of a 
                contiguous foreign country and is not domiciled in the 
                United States; and
                    ``(B) in the case of a person which is not a motor 
                private carrier, which 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' 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 part A or part B 
                of this subtitle; but the term does not include a 
                person using transportation of an air carrier subject 
                to part A of subtitle VII of this title;
            ``(8) `highway' means a road, highway, street, and way in a 
        State;
            ``(9) `household goods' means--
                    ``(A) 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, whether 
                the transportation is--
                            ``(i) requested 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 dwelling; or
                            ``(ii) arranged and paid for by another 
                        party;
                    ``(B) furniture, fixtures, equipment, and the 
                property of stores, offices, museums, institutions, 
                hospitals or other establishments when a part of the 
                stock, equipment, or supply of such stores, offices, 
                museums, institutions, hospitals, or other 
                establishments and similar property; except that this 
                subparagraph shall not be construed to include the 
                stock-in-trade of any establishment, whether consignor 
                or consignee, other than used furniture and used 
                fixtures, except when transported as incidental to 
                moving of the establishment, or a portion thereof, from 
                one location to another; and
                    ``(C) articles, including objects of art, displays, 
                and exhibits, which because of their unusual nature or 
                value require the specialized handling and equipment 
                usually employed in moving household goods and similar 
                articles; except that this subparagraph shall not be 
                construed to include any article, whether crated or 
                uncrated, which does not, because of its unusual nature 
                or value, require the specialized handling and 
                equipment usually employed in moving household goods;
            ``(10) `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' means a person providing motor 
        vehicle transportation for compensation;
            ``(12) `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' 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) `non-contiguous domestic trade' means motor-water 
        transportation subject to jurisdiction under chapter 135 of 
        this title involving traffic originating in or destined to 
        Alaska, Hawaii, or a territory or possession of the United 
        States;
            ``(15) `person', in addition to its meaning under section 1 
        of title 1, includes a trustee, receiver, assignee, or personal 
        representative of a person;
            ``(16) `State' means a State of the United States and the 
        District of Columbia;
            ``(17) `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;
            ``(18) `United States' means the States of the United 
        States and the District of Columbia;
            ``(19) `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; and
            ``(20) `water carrier' means a person providing water 
        transportation for compensation.
``Sec. 13103. Remedies are cumulative
    ``Except as otherwise provided in this part, the remedies provided 
under this part are in addition to remedies existing under another law 
or at common law.

                ``CHAPTER 133--ADMINISTRATIVE PROVISIONS

``Sec. 13301. Powers
    ``(a) Except as otherwise specified, the Secretary of 
Transportation 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) 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)(1) The Secretary may subpena 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 
subpena, the Secretary, or a party to a proceeding under this part, may 
petition a court of the United States to enforce that subpena.
    ``(2) The district courts of the United States have jurisdiction to 
enforce a subpena issued under this section. Trial is in the district 
in which the proceeding is conducted. The court may punish a refusal to 
obey a subpena as a contempt of court.
    ``(d)(1) 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) If a witness fails to be deposed or to produce records under 
paragraph (1) of this subsection, the Secretary may subpena 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 
Secretary or agreed on by the parties by written stipulation filed with 
the Secretary. A deposition shall be filed with the Secretary promptly.
    ``(e) 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) For those provisions of this part that are specified to be 
carried out by the Intermodal Surface Transportation Board, the 
Transportation Board shall have the same powers as the Secretary has 
under this section.
``Sec. 13302. Intervention
    ``Under regulations of the Secretary of Transportation, 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 of this title shall be 
given to interested persons.
``Sec. 13303. Service of notice in proceedings under this part
    ``(a) A motor carrier, a broker, or a freight forwarder providing 
transportation or service subject to jurisdiction under chapter 135 of 
this title shall designate in writing an agent by name and post office 
address on whom service of notices in a proceeding before, and of 
actions of, the Secretary may be made.
    ``(b) A notice to a motor carrier, broker, or freight forwarder is 
served personally or by mail on the motor carrier, broker, or freight 
forwarder or on its designated agent. Service by mail on the designated 
agent is 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, broker, or freight forwarder 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) 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 and each State may require that an 
additional designation be filed with it. 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) 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
    ``The Secretary of Transportation and the Intermodal Surface 
Transportation Board 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 of 
this title is provided in a foreign country--
            ``(1) neither the Secretary of Transportation nor the 
        Intermodal Surface Transportation Board 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)(1) Neither the Secretary of Transportation nor the Intermodal 
Surface Transportation Board 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 of this title;
                    ``(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) Transportation exempt from jurisdiction under paragraph (1) 
of this subsection is subject to jurisdiction under chapter 105 of this 
title 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)(1) Except to the extent provided by paragraph (2) of this 
subsection, neither the Secretary nor the Transportation Board 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) 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 of Transportation nor the Intermodal 
Surface Transportation Board 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.

             ``SUBCHAPTER II--WATER CARRIER TRANSPORTATION

``Sec. 13521. General jurisdiction
    ``The Transportation Board 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.

              ``SUBCHAPTER III--FREIGHT FORWARDER SERVICE

``Sec. 13531. General jurisdiction
    ``(a) The Secretary of Transportation and the Intermodal Surface 
Transportation Board 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) Neither the Secretary nor the Transportation Board 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 any matter subject to jurisdiction under this chapter, the 
Secretary of Transportation or the Intermodal Surface Transportation 
Board, as applicable, shall exempt a person, class of persons, or a 
transaction or service from the application of a provision of this 
title, or use this exemption authority to modify a provision of this 
title, when the Secretary or Transportation Board 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 of this title; and
            ``(2) either (A) the transaction or service is of limited 
        scope, or (B) the application of a provision of this title is 
        not needed to protect shippers from the abuse of market power.
In a proceeding that affects the transportation of household goods 
described in section 13102(9)(A), the Secretary or the Transportation 
Board shall also consider whether the exemption will be consistent with 
the transportation policy set forth in section 13101 of this title and 
will not be detrimental to the interests of individual shippers.
    ``(b) The Secretary or Transportation Board, as applicable, may, 
where appropriate, begin a proceeding under this section on the 
Secretary's or Transportation Board's own initiative or on application 
by an interested party.
    ``(c) The Secretary or Transportation Board, as applicable, may 
specify the period of time during which an exemption granted under this 
section is effective.
    ``(d) The Secretary or Transportation Board, as applicable, may 
revoke an exemption, to the extent specified, on finding that 
application of a provision of this title to the person, class, or 
transportation is necessary to carry out the transportation policy of 
section 13101 of this title.
    ``(e) This exemption authority may not be used to relieve a person 
(except a person that would have been covered by a statutory exemption 
under subchapter II or IV of chapter 105 of this title that was 
repealed by the Interstate Commerce Commission Sunset Act of 1995) from 
the application of, and compliance with, any law, rule, regulation, 
standard, or order pertaining to cargo loss and damage; insurance; or 
safety fitness.

                ``CHAPTER 137--RATES AND THROUGH ROUTES

``Sec. 13701. Requirements for reasonable rates, classifications, 
              through routes, rules, and practices for certain 
              transportation
    ``(a)(1) A rate, classification, rule, or practice related to 
transportation or service provided by a carrier subject to jurisdiction 
under subchapters I or III of chapter 135 of this title for 
transportation or service involving--
            ``(i) a movement of household goods described in section 
        13102(9)(A)(i) of this title, or
            ``(ii) a joint rate for a through movement with a water 
        carrier in non-contiguous domestic trade,
must be reasonable.
    ``(2) Through routes and divisions of joint rates for such 
transportation or service as described in paragraph (1) (i) or (ii) 
must be reasonable.
    ``(b) When the Intermodal Surface Transportation Board finds it 
necessary to stop or prevent a violation of subsection (a), the 
Transportation Board shall prescribe the rate, classification, rule, 
practice, through route, or division of joint rates to be applied for 
such transportation or service.
``Sec. 13702. Tariff requirement for certain transportation
    ``(a) A carrier subject to jurisdiction under subchapters I or III 
of chapter 135 of this title may provide transportation or service that 
is
            ``(1) under a joint rate for a through movement in non-
        contiguous domestic trade, or
            ``(2) for movement of household goods described in section 
        13102(9)(A)(i) of this title,
only if the rate for such transportation or service is contained in a 
tariff that is in effect under this section. A rate contained in a 
tariff shall be stated in money of the United States. The carrier may 
not charge or receive a different compensation for that 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.
    ``(b)(1) A carrier providing transportation or service described in 
paragraph (1) of subsection (a) shall publish and file with the 
Intermodal Surface Transportation Board tariffs containing the rates 
established for such transportation or service. The Transportation 
Board may prescribe other information that carriers shall include in 
such tariffs.
    ``(2) Carriers that publish tariffs under this subsection shall 
keep them open for public inspection.
    ``(c) The Transportation Board shall prescribe the form and manner 
of publishing, filing, and keeping tariffs open for public inspection 
under subsection (b). The Transportation Board may prescribe specific 
charges to be identified in a tariff published by a carrier, but those 
tariffs must identify plainly--
            ``(1) the carriers that are parties to it;
            ``(2) the places between which property will be 
        transported;
            ``(3) terminal charges if a carrier providing 
        transportation or service subject to jurisdiction under 
        subchapter III of chapter 135 of this title;
            ``(4) privileges given and facilities allowed; and
            ``(5) any rules that change, affect, or determine any part 
        of the published rate.
    ``(d) The Transportation Board may permit carriers to change rates, 
classifications, rules, and practices without filing complete tariffs 
that cover matter that is not being changed when the Transportation 
Board finds that action to be consistent with the public interest. 
Those carriers may either--
            ``(1) publish new tariffs that incorporate changes, or
            ``(2) plainly indicate the proposed changes in the tariffs 
        then in effect and kept open for public inspection.
    ``(e) The Transportation Board may reject a tariff submitted to it 
by a carrier under subsection (b) if that tariff violates this section 
or regulation of the Transportation Board carrying out this section.
    ``(f)(1) A carrier providing transportation described in subsection 
(a)(2) shall maintain rates and related rules and practices in a 
published tariff. The tariff must be available for inspection by the 
Transportation Board and by shippers, upon reasonable request, at the 
offices of the carrier and of each tariff publishing agent of the 
carrier.
    ``(2) A carrier that maintains a tariff and makes it available for 
inspection as provided in paragraph (1) 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) A carrier that maintains a tariff under this subsection is 
bound by the tariff except as otherwise provided in this subtitle. A 
carrier that does not maintain a tariff as provided in this subsection 
may not enforce the tariff against any individual shipper except as 
otherwise provided in this subtitle, and shall not transport household 
goods described in section 13102(9)(A)(i).
    ``(4) A carrier may incorporate by reference the rates, terms, and 
other conditions in a tariff in agreements covering the transportation 
of household goods (except those household goods described in section 
13102(9)(A)(i)), if the tariff is maintained as provided in this 
subsection and the agreement gives notice of the incorporation and of 
the availability of the tariff for inspection by the commercial 
shipper.
    ``(5) A complaint that a rate or related rule or practice 
maintained in a tariff under this subsection violates section 13701(a) 
may be filed with the Transportation Board.
``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 
        Interstate Commerce Commission Sunset 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 of this title may enforce 
collection of its mileage rates unless such carrier or forwarder 
maintains its own independent publication of mileage and classification 
which can be examined by any interested person upon reasonable request 
or 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)(1) 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 of this title 
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) 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)(1) 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 of this title 
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) Before a carrier may establish a rate for any service under 
paragraph (1) of this subsection, the Secretary of Transportation may 
require such carrier to have in effect and keep in effect, during any 
period such rate is in effect under such paragraph, 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) A motor carrier of passengers shall establish through routes 
with other carriers of the same type and shall establish individual and 
joint rates applicable to them.
    ``(b) A through route between motor carriers providing 
transportation of passengers subject to jurisdiction under subchapter I 
of chapter 135 must be reasonable.
    ``(c) When the Intermodal Surface Transportation Board finds it 
necessary to enforce the requirements of this section, the 
Transportation Board 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 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) When the consignee is liable only for rates billed at the 
time of delivery under subsection (a) of this section, 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) 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. 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. 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.
    ``(b) The Transportation Board shall promulgate regulations that 
prohibit a motor carrier subject to jurisdiction under subchapter II of 
chapter 105 of this title from providing a reduction in a rate for the 
provision of transportation of property to any person other than--
            ``(1) the person paying the motor carrier directly for the 
        transportation service according to the bill of lading, 
        receipt, or contract; or
            ``(2) an agent of the person paying for the transportation.
``Sec. 13708. Procedures for resolving claims involving unfiled, 
              negotiated transportation rates
    ``(a) 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 of this title (as in effect on the day before the effective date of 
this section) or subchapter I of chapter 135 of this title, 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--
            ``(1) 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
            ``(2) with respect to the claim--
                    ``(A) the person was offered a transportation rate 
                by the carrier or freight forwarder other than that 
                legally on file at the time with the Transportation 
                Board or with the former Interstate Commerce 
                Commission, as required, for the transportation 
                service;
                    ``(B) the person tendered freight to the carrier or 
                freight forwarder in reasonable reliance upon the 
                offered transportation rate;
                    ``(C) the carrier or freight forwarder did not 
                properly or timely file with the Transportation Board 
                or with the former Interstate Commerce Commission, as 
                required, a tariff providing for such transportation 
                rate or failed to enter into an agreement for contract 
                carriage;
                    ``(D) such transportation rate was billed and 
                collected by the carrier or freight forwarder; and
                    ``(E) the carrier or freight forwarder demands 
                additional payment of a higher rate filed in a tariff.
        If there is a dispute as to the showing under paragraph (1), 
        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 (2), such dispute shall be resolved by the Intermodal 
        Surface Transportation Board. Pending the resolution of any 
        such dispute, the person shall not have to pay any additional 
        compensation to the carrier or freight forwarder. Satisfaction 
        of the claim under subsection (b), (c), or (d) shall be binding 
        on the parties, and the parties shall not be subject to chapter 
        149 of this title or chapter 119 of this title, as such chapter 
        was in effect on the date before the date of enactment of the 
        Interstate Commerce Commission Sunset Act of 1995.
    ``(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 Transportation Board .
    ``(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 Transportation 
Board.
    ``(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 Transportation Board.
    ``(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 part or, for 
transportation provided before the effective date of this section, all 
rights and remedies that existed under this title on the day before the 
date of enactment of the Interstate Commerce Commission Sunset Act of 
1995.
    ``(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 described in subsection (a) 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 
Transportation Board 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.--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--
            ``(1) if such person qualifies as a small-business concern 
        under the Small Business Act (15 U.S.C. 631 et seq.),
            ``(2) 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
            ``(3) if the cargo involved in the claim is recyclable 
        materials. In this provision, `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)(1) 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) 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 Transportation Board 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) If a shipper seeks to contest the charges originally billed, 
the shipper may request that the Transportation Board determine whether 
the charges originally billed must be paid. A shipper must contest the 
original bill within 180 days in order to have the right to contest 
such charges.
    ``(4) Any tariff on file with the Interstate Commerce Commission on 
August 26, 1994, 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 the Interstate Commerce 
Commission Sunset Act of 1995 not required to be filed after that date 
is null and void beginning on that date.
    ``(b) If a motor carrier (other than a motor carrier providing 
transportation of household goods) subject to jurisdiction under 
subchapter I of chapter 135 of this title 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 the Interstate Commerce 
Commission Sunset Act of 1995 was provided in its common carrier or 
contract carrier capacity and the parties are not able to resolve the 
dispute consensually, the Transportation Board 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 is subject to jurisdiction of subchapter 
I of chapter 135 of this title or was subject to jurisdiction under 
subchapter II of chapter 105 of this title, 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--
            ``(1) the applicable rate that was lawfully in effect 
        pursuant to a tariff that was filed in accordance with this 
        chapter, or with respect to transportation provided before the 
        effective date of this section in accordance with chapter 107 
        of this title as in effect on the date the transportation 
        service was provided by the carrier or freight forwarder 
        applicable to such transportation service; and
            ``(2) 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 the 
        application of this section.
    ``(b) Jurisdiction Of Transportation Board.--The Intermodal Surface 
Transportation Board 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 Transportation Board 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. 
In making such determination, the Transportation Board shall consider--
            ``(1) whether the person was offered a transportation rate 
        by the carrier or freight forwarder or party other than that 
legally on file with the Transportation Board or with the Interstate 
Commerce Commission, as required, at the time of the movement for the 
transportation service;
            ``(2) whether the person tendered freight to the carrier or 
        freight forwarder in reasonable reliance upon the offered 
        transportation rate;
            ``(3) whether the carrier or freight forwarder did not 
        properly or timely file with the Transportation Board or with 
        the Interstate Commerce Commission, as required, a tariff 
        providing for such transportation rate or failed to enter into 
        an agreement for contract carriage;
            ``(4) whether the transportation rate was billed and 
        collected by the carrier or freight forwarder; and
            ``(5) 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 Transportation Board 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 prior to the 
effective date of the Interstate Commerce Commission Sunset Act of 
1995, to the requirements of sections 10761(a) and 10762 of this title 
as in effect on the date before the date of enactment of the Interstate 
Commerce Commission Sunset Act of 1995, relating to a filed tariff rate 
and other general tariff requirements.
    ``(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 
of this part shall not apply to such rate.
    ``(f) Definitions.--For purposes of 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
    ``A person may provide transportation or service subject to 
jurisdiction under subchapter I or III of chapter 135 of this title or 
be a broker for transportation subject to jurisdiction under subchapter 
I of that chapter, only if the person is currently registered under 
this chapter to provide the transportation or service.
``Sec. 13902. Registration of motor carriers
    ``(a)(1) Except as provided in this section, the Secretary of 
Transportation 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, the applicable regulations of the 
        Secretary and the Intermodal Surface Transportation Board, and 
        any safety requirements imposed by the Secretary,
            ``(B) the safety fitness requirements established by the 
        Secretary under section 31144 of this title, and
            ``(C) the minimum financial responsibility requirements 
        established by the Secretary pursuant to sections 13906 and 
        31128 of this title.
    ``(2) 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) The Secretary shall find any registrant as a motor carrier 
under this section to be unfit if the registrant does not meet the 
fitness requirements under paragraph (1) of this subsection and shall 
withhold registration.
    ``(4) 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 Transportation Board, the safety 
requirements 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 government 
        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 by interstate carriers.--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) Jurisdiction over certain intrastate 
        transportation.--Any intrastate transportation authorized under 
        this subsection shall be deemed to be transportation subject to 
        jurisdiction under subchapter I of chapter 135 of this title 
        until such time, not later than 30 days after the date on which 
        a motor carrier of passengers first begins providing 
        transportation entirely in one State pursuant to this 
        paragraph, as the carrier takes such action as is necessary to 
        establish under the laws of such State rates, rules, and 
        practices applicable to such transportation.
            ``(5) 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.
            ``(6) Revocation of authority for intrastate 
        transportation.--Notwithstanding paragraph (3) of this 
        subsection, intrastate transportation authorized under this 
        subsection may be suspended or revoked by the Secretary under 
        section 13905 of this title at any time.
            ``(7) Preemption of state regulation.--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 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 of this title.
            ``(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) If the President of the United States, or his or her 
        delegate, 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 of property or 
        passengers to, from, or within such foreign country, the 
        President, or his or her 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) 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) The President, or his or her delegate, may remove or 
        modify in whole or in part any action taken under paragraph 
        (1)(A) if the President, or his or her 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) Unless and until the President or his or her delegate 
        makes a determination under paragraphs (1) or (3) above, 
        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 defined at the time 
                of enactment of the Interstate Commerce Commission 
                Sunset Act of 1995; 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) Unless the President, or his or her delegate, 
        determines that expeditious action is required, the President 
        shall publish in the Federal Register any determination under 
        paragraphs (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 paragraphs (1)(B) or (3) and provide an 
        opportunity for public comments.
            ``(6) The President may delegate any or all authority under 
        this subsection to the Secretary of Transportation, who shall 
        consult with other agencies as appropriate. In accordance with 
        the directions of the President, the Secretary of 
        Transportation may issue regulations to enforce this 
        subsection.
            ``(7) Either the Secretary of Transportation 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) This subsection shall not affect the requirement for 
        all foreign motor carriers and foreign motor private carriers 
        operating in the United States to fully 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 1994.
``Sec. 13903. Registration of freight forwarders
    ``(a) The Secretary of Transportation 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 
fit, willing, and able to provide the service and to comply with this 
part and applicable regulations of the Secretary and the Intermodal 
Surface Transportation Board.
    ``(b) The freight forwarder may provide transportation as the 
carrier itself only if the freight forwarder also has been registered 
to provide transportation as a carrier under this chapter.
``Sec. 13904. Registration of motor carrier brokers
    ``(a) The Secretary of Transportation shall register, subject to 
section 13906(b) of this title, a person to be a broker for 
transportation of property subject to jurisdiction under subchapter I 
of chapter 135 of this title, if the Secretary finds that the person is 
fit, willing, and able to be a broker for transportation and to comply 
with this part and applicable regulations of the Secretary.
    ``(b)(1) The broker may provide the transportation itself only if 
the broker also has been registered to provide the transportation under 
this chapter.
    ``(2) 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 of the Secretary shall provide for the protection 
of shippers by motor vehicle, to be observed by brokers.
    ``(d) 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) Each registration under section 13902, 13903, or 13904 of 
this title is effective from the date specified by the Secretary of 
Transportation and remains in effect for a period of 5 years except as 
otherwise provided in this section or in section 13906. The Secretary 
may require any carrier or registrant to provide periodic updating of 
carrier information.
    ``(b) On application of the holder, 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 Intermodal Surface Transportation Board, or a 
condition of its registration.
    ``(c)(1) Except on application of the holder, the Secretary may 
revoke a registration of a motor carrier, freight forwarder, or broker, 
only after the Secretary has issued an order to the holder under 
section 14701 of this title requiring compliance with this part, a 
regulation of the Secretary, or a condition of the registration of the 
holder, and the holder willfully does not comply with the order.
    ``(2) The Secretary may act under paragraph (1) of this subsection 
only after giving the holder of the registration at least 30 days to 
comply with the order.
    ``(d)(1) 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) 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 is conducting unsafe 
operations which are an imminent hazard to public health or property.
    ``(3) The Secretary may suspend the registration only after giving 
notice of the suspension to the holder. The suspension remains in 
effect until the holder complies with those applicable sections or, in 
the case of a suspension under paragraph (2) of this subsection, until 
the Secretary revokes such suspension.
``Sec. 13906. Security of motor carriers, brokers, and freight 
              forwarders
    ``(a)(1) The Secretary of Transportation may register a motor 
carrier under section 13902 only if the registering carrier (including 
a motor private carrier, a foreign motor carrier, and a foreign motor 
private carrier) 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 of this title, and the laws of 
the State or States in which the carrier 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 carrier 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 carrier continues to satisfy the security requirements of 
this paragraph.
    ``(2) A motor carrier and a foreign motor private carrier and 
foreign motor carrier operating in the United States (when providing 
transportation between places in a foreign country or between a place 
in one foreign country and a place in another foreign country) 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.
    ``(3) 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) The Secretary may register a person as a broker under section 
13904 of this title 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)(1) 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) 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) 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) 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 date of enactment of 
the Interstate Commerce Commission Sunset Act of 1995 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) The Secretary shall promulgate 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. 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) Each motor carrier providing transportation of household 
goods subject to jurisdiction under subchapter I of chapter 135 of this 
title shall be responsible for all acts or omissions of any of its 
agents which relate to the performance of household goods 
transportation services (including accessorial or terminal services) 
subject to jurisdiction under subchapter I of chapter 135 of this title 
and which are within the actual or apparent authority of the agent from 
the carrier or which are ratified by the carrier.
    ``(b) Each motor carrier providing transportation of household 
goods subject to jurisdiction under subchapter I of chapter 135 of this 
title 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)(1) Whenever the Secretary of Transportation has reason to 
believe from a complaint or investigation that an agent providing 
household goods transportation services (including accessorial and 
terminal services) under the authority of a motor carrier providing 
transportation of household goods subject to jurisdiction under 
subchapter I of chapter 135 of this title has violated section 14901(e) 
or 14912 of this title 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) Such agent shall have the right to appear at such hearing and 
rebut the charges contained in the complaint.
    ``(3) If such person does not appear at the hearing or if the 
Secretary finds that the agent has violated section 14901(e) or 14912 
of this title or is consistently not fit, willing, and able to provide 
adequate household goods transportation services (including accessorial 
and terminal services), the Secretary may issue an order to compel 
compliance with the requirement that the agent be fit, willing, and 
able. Thereafter, the Secretary may issue an order to limit, condition, 
or prohibit such agent from any involvement in the transportation or 
provision of services incidental to the transportation of household 
goods subject to jurisdiction under subchapter I of chapter 135 of this 
title 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) 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) 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) The antitrust laws, as defined in the first section of the 
Clayton Act (15 U.S.C. 12), do not apply to discussions or agreements 
between a motor carrier providing transportation of household goods 
subject to jurisdiction under subchapter I of chapter 135 of this title 
and its agents (whether or not an agent is also a carrier) related 
solely to (1) rates for the transportation of household goods under the 
authority of the principal carrier, (2) accessorial, terminal, storage, 
or other charges for services incidental to the transportation of 
household goods transported under the authority of the principal 
carrier, (3) allowances relating to transportation of household goods 
under the authority of the principal carrier, and (4) ownership of a 
motor carrier providing transportation of household goods subject to 
jurisdiction under subchapter I of chapter 135 of this title by an 
agent or membership on the board of directors of any such motor carrier 
by an agent.
``Sec. 13908. Registration and other reforms
    ``(a) In General.--Within 18 months after the date of enactment of 
the Interstate Commerce Commission Sunset Act of 1995, the Secretary, 
in cooperation with the States, industry groups, and other interested 
parties shall complete a rulemaking to determine whether, and to what 
extent, the current Department of Transportation identification number 
system, the single State registration system under section 14506, the 
registration system contained in this chapter, and the financial 
responsibility information system under section 13906, should be 
replaced with a single, on-line Federal system.
    ``(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 145-5(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 18 
months after the date of enactment of the Interstate Commerce 
Commission Sunset Act of 1995, 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
    ``(a) A carrier providing transportation or service subject to 
jurisdiction under chapter 135 of this title shall provide the 
transportation or service on reasonable request. In addition, a motor 
carrier shall provide safe and adequate service, equipment, and 
facilities.
    ``(b) A carrier providing transportation or service subject to 
jurisdiction under chapter 135 of this title may enter into a contract 
with a shipper, other than a shipper of household goods described in 
section 13102(a)(A)(i), to provide specified services under specified 
rates and conditions. If the shipper and carrier in writing expressly 
waives any or all rights and remedies under this part for the 
transportation covered by the contract, the transportation provided 
under that contract shall not be subject to those provisions of this 
part, and may not be subsequently challenged on the ground that it 
violates such provision. The parties may not waive the provisions 
governing registration, insurance, or safety fitness. 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) The Secretary of Transportation may require a motor carrier 
providing transportation subject to jurisdiction under subchapter I of 
chapter 135 of this title 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) 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 of this title 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) 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 of this title) 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) 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 of this 
title) 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)(1) The Secretary of Transportation 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 of this title. 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) 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 of this title. In establishing performance 
standards under this paragraph, the Secretary shall take into account 
at least the following:
            ``(A) The level of performance that can be achieved by a 
        well-managed motor carrier transporting household goods.
            ``(B) The degree of harm to individual shippers which could 
        result from a violation of the regulation.
            ``(C) 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.
            ``(D) Service requirements of the carriers.
            ``(E) The cost of compliance in relation to the consumer 
        benefits to be achieved from such compliance.
            ``(F) The need to set the level of performance at a level 
        designed to encourage carriers to offer service responsive to 
        shipper needs.
    ``(3) 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)(1) Every motor carrier providing transportation of household 
goods subject to jurisdiction under subchapter I of chapter 135 of this 
title may, upon request of a prospective shipper, 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) 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 of this title shall be 
subject to the antitrust laws, as defined in the first section of the 
Clayton Act (15 U.S.C. 12).
    ``(c) The Secretary shall issue regulations that provide motor 
carriers providing transportation of household goods subject to 
jurisdiction under subchapter I of chapter 135 of this title 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--
            ``(1) `carrier' and `broker' include a receiver or trustee 
        of a carrier and broker, respectively.
            ``(2) `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 of this title that performs a service, or engages in 
        activities, related to transportation under this part.
``Sec. 14122. Records: form; inspection; preservation
    ``(a) The Secretary of Transportation or the Intermodal Surface 
Transportation Board, 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) The Secretary or Transportation Board, or an employee 
designated by the Secretary or Transportation Board, 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 
                Transportation Board, as applicable, considers 
                inspection relevant to that person's relation to, or 
                transaction with, that carrier.
    ``(c) The Secretary or Transportation Board, as applicable, may 
prescribe the time period during which operating, accounting, and 
financial records must be preserved by carriers.
``Sec. 14123. Reports by carriers, brokers, and associations
    ``(a) The Secretary--
            ``(1) shall require class I and class II motor carriers (as 
        defined by the Secretary) to file annual reports with the 
        Secretary, including a detailed balance sheet and income 
        statement, information related to the ownership or lease of 
        equipment operated by the motor carrier, and data related to 
        the movement of traffic and safety performance, the form and 
        substance of which shall be prescribed by the Secretary and may 
        vary for different classes of motor carriers;
            ``(2) may require carriers, freight forwarders, brokers, 
        lessors, and associations, or classes of them as the Secretary 
        may prescribe, to file quarterly, periodic, or special reports 
        with the Secretary and to respond to surveys concerning their 
        operations; and
            ``(3) shall have the authority upon good cause shown to 
        exempt any party from the financial reporting requirements 
        prescribed by subsection (a)(1) or (a)(2).
    ``(b) Any request for exemption under paragraph (3) of subsection 
(a) must demonstrate, at a minimum, that an exemption is required to 
avoid competitive harm and preserve confidential business information 
that is not otherwise publicly available. Exemptions shall only be 
granted for one-year periods.''.
    ``(c) The Intermodal Surface Transportation Board may require 
carriers to file special reports containing information needed by the 
Transportation Board.

                         ``CHAPTER 143--FINANCE

``Sec. 14301. Security interests in certain motor vehicles
    ``(a) In this section--
            ``(1) `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' 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' 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', 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) 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) 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 Intermodal 
Surface Transportation Board under this section.
    ``(b) The Transportation Board 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 Transportation Board 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)(1) Any motor carrier of property may apply to the 
Transportation Board 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 
Transportation Board not less than 50 days before its effective date. 
Prior to the effective date of the agreement or combination, the 
Transportation Board 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 Transportation Board determines that 
neither of these two 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 Transportation 
Board may issue, and for such consideration between such carriers and 
upon such terms and conditions as shall be found by the Transportation 
Board to be just and reasonable. If the Transportation Board 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 Transportation 
Board 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 
Transportation Board 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 Transportation Board may issue, and 
for such consideration between such carriers and upon such terms and 
conditions as shall be found by the Transportation Board to be just and 
reasonable.
    ``(2) In the case of an application for Transportation Board 
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 date of enactment of the 
Interstate Commerce Commission Sunset Act of 1995.
    ``(3) The Transportation Board shall streamline, simplify, and 
expedite, to the maximum extent practicable, the process (including, 
but not limited to, 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) The Transportation Board may impose conditions governing the 
pooling or division and may approve and authorize payment of a 
reasonable consideration between the carriers.
    ``(e) The Transportation Board may begin a proceeding under this 
section on its own initiative or on application.
    ``(f) A carrier may participate in an arrangement approved by or 
exempted by the Transportation Board 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.
    ``(g) Any agreements in operation under the provisions of this 
title on the date of enactment of the Interstate Commerce Commission 
Sunset Act of 1995 that are succeeded by this section shall remain in 
effect until further order of the Transportation Board.

                 ``CHAPTER 145--FEDERAL-STATE RELATIONS

``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 provisions 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 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 Transportation 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 transportation 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) of this title) or 
        any motor private carrier or any transportation intermediary 
        (as defined in sections 13102(1) and 13102(7) of this subtitle) 
        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 and related conditions of for-hire motor vehicle 
                transportation by a tow truck, if such transportation 
                is performed--
                            ``(i) at the request of a law enforcement 
                        agency; 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 of Transportation or 
                        the Intermodal Surface Transportation Board 
                        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) In this section--
            ``(1) `assessment' means valuation for a property tax 
        levied by a taxing district;
            ``(2) `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' means 
        property, as defined by the Secretary of Transportation, 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 of 
        this title; and
            ``(4) `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 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) 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 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) 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 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. 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 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
            ``(2) 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)(1) No part of the compensation paid by a motor carrier 
providing transportation subject to jurisdiction under subchapter I of 
chapter 135 of this title 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) In this subsection `employee' has the meaning given such term 
in section 31132 of this title.
    ``(b)(1) 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) A water carrier providing transportation subject to the 
jurisdiction of the Secretary of Transportation under subchapter II of 
chapter 135 of this title 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) 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) 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. 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.
``Sec. 14505. Bus charter provision--subsidization by public entities

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

``Sec. 14701. General authority
    ``(a) The Secretary of Transportation or the Intermodal Surface 
Transportation Board, as applicable, may begin an investigation under 
this part on the Secretary's or the Transportation Board's own 
initiative or on complaint. If the Secretary or Transportation Board, 
as applicable finds that a carrier or broker is violating this part, 
the Secretary or Transportation Board, 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 of this title, the Secretary shall 
take appropriate action to compel compliance with that chapter. The 
Secretary or Transportation Board, 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) A person, including a governmental authority, may file with 
the Secretary or Transportation Board, 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 Transportation Board, as applicable, may dismiss a 
complaint that it determines does not state reasonable grounds for 
investigation and action.
    ``(c) A formal investigative proceeding begun by the Secretary or 
Transportation Board under subsection (a) of this section is dismissed 
automatically unless it is concluded with administrative finality by 
the end of the third year after the date on which it was begun.
``Sec. 14702. Enforcement by the regulatory authority
    ``(a) The Secretary of Transportation or the Intermodal Surface 
Transportation Board, 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 Transportation Board, 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) 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) The Transportation Board, 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 Board shall, 
bring court proceedings (1) to enforce this part or a regulation or 
order of the Secretary or Transportation Board 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 Transportation Board or term of 
registration under this part.
``Sec. 14704. Rights and remedies of persons injured by carriers or 
              brokers
    ``(a) A person injured because a carrier or broker providing 
transportation or service subject to jurisdiction under chapter 135 of 
this title does not obey an order of the Secretary of Transportation or 
the Intermodal Surface Transportation Board, 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)(1) A carrier providing transportation or service subject to 
jurisdiction under chapter 135 of this title is liable to a person for 
amounts charged that exceed the applicable rate for transportation or 
service contained in a tariff filed under section 13702 of this title.
    ``(2) A carrier or broker providing transportation or service 
subject to jurisdiction under chapter 135 of this title 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)(1) A person may file a complaint with the Transportation 
Board 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 of 
this title.
    ``(2) When the Transportation Board or Secretary, as applicable, 
makes an award under subsection (b) of this section, the Transportation 
Board or Secretary, as applicable, shall order the carrier to pay the 
amount awarded by a specific date. The Transportation Board or 
Secretary, as applicable, may order a carrier or broker providing 
transportation or service subject to jurisdiction under chapter 135 of 
this title to pay damages only when the proceeding is on complaint. The 
person for whose benefit an order of the Transportation Board 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)(1) When a person begins a civil action under subsection (b) 
of this section to enforce an order of the Transportation Board 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 Transportation 
Board 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 
Transportation Board 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) 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) 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) A carrier providing transportation or service subject to 
jurisdiction under chapter 135 of this title must begin a civil action 
to recover charges for transportation or service provided by the 
carrier within 18 months after the claim accrues.
    ``(b) 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 of this title and an election to file a complaint with the 
Intermodal Surface Transportation Board or Secretary of Transportation, 
as applicable, is made under section 14704(c)(1), the complaint must be 
filed within 3 years after the claim accrues.
    ``(c) A person must file a complaint with the Transportation Board 
or Secretary, as applicable, to recover damages under section 
14704(b)(2) of this title within 2 years after the claim accrues.
    ``(d) 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) A person must begin a civil action to enforce an order of the 
Transportation Board or Secretary against a carrier for the payment of 
money within one year after the date the order required the money to be 
paid.
    ``(f) 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.
    ``(g) 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)(1) A carrier providing transportation or service subject to 
jurisdiction under subchapter I or III of chapter 135 of this title 
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 of this title 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 
(1) the receiving carrier, (2) the delivering carrier, or (3) 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) 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 of this title 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) 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)(1) A carrier may limit or be exempt from liability imposed 
under subsection (a) of this section by a mutual agreement recorded in 
writing or in an electronic medium, 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) 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)(1) 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)(A) 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.
    ``(B) A civil action under this section may be brought in a United 
States district court or in a State court.
    ``(C) In this section, `judicial district' means (i) in the case of 
a United States district court, a judicial district of the United 
States, and (ii) in the case of a State court, the applicable 
geographic area over which such court exercises jurisdiction.
    ``(e) A carrier may not provide by rule, contract, or otherwise, a 
period of less than 9 months for filing a claim against it under this 
section and a period of less than 2 years for bringing a civil action 
against it under this section. The period for bringing a civil action 
is computed from the date the carrier gives a person written notice 
that the carrier has disallowed any part of the claim specified in the 
notice. For the purposes of this subsection--
            ``(1) an offer of compromise shall not constitute a 
        disallowance of any part of the claim unless the carrier, in 
        writing, informs the claimant that such part of the claim is 
        disallowed and provides reasons for such disallowance; and
            ``(2) communications received from a carrier's insurer 
        shall not constitute a disallowance of any part of the claim 
        unless the insurer, in writing, informs the claimant that such 
        part of the claim is disallowed, provides reason for such 
        disallowance, and informs the claimant that the insurer is 
        acting on behalf of the carrier.
    ``(f) A carrier or group of carriers subject to jurisdiction under 
subchapter I or III of chapter 135 of this title may petition the 
Transportation Board 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) Within one year after enactment of the Interstate Commerce 
Commission Sunset Act of 1995, the Secretary shall deliver to the 
appropriate Congressional authorizing committees a report on the 
benefit of revising or modifying the terms or applicability of this 
section, together with any proposed legislation to implement the 
study's recommendations, if any.
``Sec. 14707. Private enforcement of registration requirement
    ``(a) If a person provides transportation by motor vehicle or 
service in clear violation of section 13901-13904 or 13906 of this 
title, 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) A copy of the complaint in a civil action under subsection 
(a) of this section shall be served on the Secretary of Transportation 
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) of this section. 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) In a civil action under subsection (a) of this section, 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)(1) As a condition of registration under section 13902 or 
13903 of this title, a carrier providing transportation of household 
goods subject to jurisdiction under subchapter I or III of chapter 135 
of this title must agree to offer to shippers neutral arbitration as a 
means of settling disputes between such carriers and shippers of 
household goods concerning the transportation of household goods.
    ``(b)(1) 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) 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 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) 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) 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 of 
Transportation 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) No fee for instituting an arbitration proceeding may be 
charged the shipper; except that, if the arbitration is binding solely 
on the carrier, the shipper may be charged a fee of not more than $25 
for instituting an arbitration proceeding. 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) The carrier must not require the shipper to agree to utilize 
arbitration prior to the time that a dispute arises.
    ``(7) 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) 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) 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 of this 
title.
    ``(d) 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 of 
this title 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) 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 of 
this title 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) The provisions of this section shall apply only in the case 
of collect-on-delivery transportation of those types of household goods 
described in section 13102(9)(A) of this title.
``Sec. 14709. Tariff reconciliation rules for motor carriers of 
              property
    ``Subject to review and approval by the Intermodal Surface 
Transportation Board, motor carriers subject to jurisdiction under 
subchapter I of chapter 135 of this title (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 section 13702 
of this part or sections 10761 and 10762 of this title prior to the 
effective date of the Interstate Commerce Commission Sunset Act of 
1995. Resolution of such claims among the parties shall not subject any 
party to the penalties for departing from a filed tariff.
``Sec. 14710. Rate Discounts
    ``A person, or an officer, employee, or agent of that person, that 
knowingly pays, accepts, or solicits a reduced rate or rates in 
violation of the regulations issued under section 13707 of this title 
is liable to the injured party or the United States for a civil penalty 
of not less than $5,000 and not more than $10,000 plus 3 times the 
amount of damages which a party incurs because of such violation.

              ``CHAPTER 149--CIVIL AND CRIMINAL PENALTIES

``Sec. 14901. General civil penalties
    ``(a) A person required to make a report to the Secretary of 
Transportation or to the Intermodal Surface Transportation Board, 
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 of this title or transportation by a foreign 
carrier registered under section 13902 of this title, 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 of 
this title, or (5) does not comply with section 13902(c) of this title 
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 does not 
have authority under this part to provide transportation of passengers, 
or an officer, agent, or employee of such person, that does not comply 
with section 13901 of this title 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) A person subject to jurisdiction under subchapter I of 
chapter 135 of this title, 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) 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) If a carrier providing transportation of household goods 
subject to jurisdiction under subchapter I or III of chapter 135 of 
this title or a receiver or trustee of such carrier fails or refuses to 
comply with any regulation issued by the Secretary or the 
Transportation Board 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) 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 of this title 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) 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 of this title 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 of this title,
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) 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 of 
this title at less than the rate in effect under section 13702 of this 
title shall be fined at least $1,000 but not more than $20,000, 
imprisoned for not more than 2 years, or both.
    ``(b) A carrier providing transportation or service subject to 
jurisdiction under chapter 135 of this title 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 of this title, 
shall be fined at least $1,000 but not more than $20,000, imprisoned 
for not more than 2 years, or both.
    ``(c) 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) 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) 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 of 
        this title; 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 of this 
        title,
shall be fined at least $200 for the first violation and at least $250 
for a subsequent violation.
    ``(b)(1) A freight forwarder providing service subject to 
jurisdiction under subchapter III of chapter 135 of this title, 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 of this title, 
shall be fined not more than $500 for the first violation and not more 
than $2,000 for a subsequent violation.
    ``(2) A person that knowingly and willfully by any means gets, or 
attempts to get, service provided under subchapter III of chapter 135 
of this title at less than the rate in effect for that service under 
section 13702 of this title, 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) Any person who knowingly authorizes, consents to, or permits 
a violation of subsection (a) or (b) of section 14103 of this title 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) 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 of 
Transportation or to the Intermodal Surface Transportation Board, 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 of this title, 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 
Transportation Board, 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 Transportation Board shall be 
fined not more than $5,000.
``Sec. 14908. Unlawful disclosure of information
    ``(a)(1) A carrier or broker providing transportation subject to 
jurisdiction under subchapter I, II, or III of chapter 135 of this 
title 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) 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) This part does not prevent a carrier or broker providing 
transportation subject to jurisdiction under chapter 135 of this title 
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 subpenas
    ``A person not obeying a subpena or requirement of the Secretary of 
Transportation or the Intermodal Surface Transportation Board to appear 
and testify or produce records shall be fined not less than $5,000, 
imprisoned for not more than one 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 of 
this title or a condition of a registration under section 13902 of this 
title, 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 of this title 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) 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 of this title.
    ``(b) 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 of this title. A departure, or offer 
to depart, from that published or filed rate is a violation of those 
sections.''.

   Subtitle B--Motor Carrier Registration and Insurance Requirements

SEC. 451. AMENDMENT OF SECTION 31102.

    Section 31102(b)(1) is amended by--
            (1) striking ``and'' at the end of subparagraph (O);
            (2) striking the period at the end of subparagraph (P) and 
        inserting a semicolon and ``and''; and
            (3) adding at the end thereof the following:
            ``(Q) ensures that the State will cooperate in the 
        enforcement of registration and financial responsibility 
        requirements under sections 31140 and 31146 of this title, or 
        regulations issued thereunder.''

SEC. 452. AMENDMENT OF SECTION 31138.

    (a) Section 31138(c) 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) Section 31138 is amended by adding at the end thereof the 
following:
    ``(f) Lower Coverage Permitted for Certain Operations.--Under 
regulations promulgated by the Secretary, the minimum amount set forth 
in subsection (b)(1) shall not apply to motor vehicles used, under a 
program funded in whole or in part with a Federal transit grant, to 
provide supplemental para-transit services for the elderly and 
disabled.''.
    (c) Section 31139(e) 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.''.

SEC. 453. 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
            (B) 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.

SEC. 454. MOTOR CARRIER FINANCIAL RESPONSIBILITY INFORMATION SYSTEM.

    (a) Subchapter III of chapter 311 is amended by--
            (1) redesignating section 31140 as 31140a; and
            (2) inserting after section 31139 the following:
``Sec. 31140. Motor Carrier Financial Responsibility Information System
    ``(a) General Requirement.--The Secretary of Transportation shall 
establish and maintain a Motor Carrier Register that will serve as a 
clearinghouse and depository of information on compliance with the 
required levels of financial responsibility, service of process agents, 
and identification and disqualification of motor carriers required to 
register with the Secretary pursuant to section 13901 and 13906 of this 
title. The Secretary shall consult with the States, motor carriers, and 
insurers in <plus-minus>carrying out this section.
    ``(b) Access to Register Information.--
            ``(1) The information on the Register shall be made 
        available by electronic and other means to any person or State 
        upon the receipt of a request for such information.
            ``(2) The Secretary is authorized to establish a user fee 
        system for making inquiries to obtain financial responsibility 
        information from the information system, pursuant to section 
        9701, title 31, United States Code. The fees shall not exceed 
        120 percent of the direct costs of responding to the inquiry. 
        Fees collected under this subsection in a fiscal year shall not 
        exceed the costs of operating the information system in that 
        fiscal year. Such fees may be credited to the Department of 
        Transportation appropriation account charged in proportion to 
        the amount expended from the account for these purposes, and 
        shall be available for expenditure until expended. The 
        Secretary shall waive the fees applicable to States for access 
        to the motor carrier register.''.
    (b) The index for subchapter III of chapter 311 is amended by 
striking the item relating to section 31140 and inserting the 
following:

    ``31140. Motor carrier financial responsibility information 
                                system
    ``31140a. Submission of State laws and regulations for 
                                review''.

SEC. 455. SAFETY FITNESS OF OWNERS AND OPERATORS.

    Section 31144 is amended by--
            (1) striking ``In cooperation with the Interstate Commerce 
        Commission, the'' in the first sentence of subsection (a) and 
        inserting ``The'';
            (2) by striking ``sections 10922 and 10923'' in that 
        sentence and inserting ``section 13902'';
            (3) striking ``and the Commission'' in subsection 
        (a)(1)(C); and
            (4) striking subsection (b) and inserting the following:
    ``(b) Findings and action on registrations.--The Secretary shall--
            ``(1) find a registrant as a motor carrier unfit if the 
        registrant does not meet the safety fitness requirements 
        established under subsection (a) of this section; and
            ``(2) withhold registration.''.

SEC. 456. REGISTRATION.

    (a) Subchapter III of chapter 311 is amended by adding at the end 
the following:
``Sec. 31148. Registration
    ``(a) Persons Required to File.--
            ``(1) The Secretary of Transportation shall require any 
        motor carrier of passengers or property, operating in 
        interstate commerce, to register its motor vehicle operations 
        with the Department of Transportation.
            ``(2) The Secretary shall require motor carriers and motor 
        private carriers domiciled in foreign countries or owned or 
        controlled by nationals of foreign countries contiguous to the 
        United States to register with the Department of Transportation 
        when offering or providing transportation services within the 
        United States or between the United States and a foreign 
        country.
            ``(3) Department of Transportation Identification Number.--
        Upon receipt of a registration statement completed in 
        accordance with the requirements of this section, the Secretary 
        shall issue a Department of Transportation identification 
        number.
            ``(4) Regulations.--
                    ``(A) The Secretary shall promulgate regulations to 
                implement the requirements of this section. Such 
                regulations shall become effective no later than 6 
                months after the date of enactment of the Interstate 
                Commerce Commission Sunset Act of 1995.
                    ``(B) The information regarding financial 
                responsibility and agent for service of process shall 
                be submitted in formats to be prescribed by the 
                Secretary. Such information may be submitted either 
                electronically or non-electronically. Until the 
                Secretary prescribes such formats, the information 
                shall continue to be submitted on forms authorized by 
                the Interstate Commerce Commission as of the date of 
                enactment of the Interstate Commerce Commission Sunset 
                Act of 1995.
    ``(b) Compliance With Registration Requirements.--
            ``(1) No carrier required to file a registration statement 
        under subsection (a) may operate any commercial motor vehicle, 
        as defined in section 31132 of this title, in commerce unless 
        the carrier's operations are currently registered with the 
        Secretary and the carrier has a valid number issued by the 
        Secretary.
            ``(2) The Secretary may deny, revoke, or suspend a 
        carrier's operations, as provided for in this section, because 
        of noncompliance with the motor carrier safety fitness 
        standards, required levels of financial responsibility, or any 
        restrictions or conditions imposed pursuant to section 31181, 
        as determined by the Secretary.
    ``(c) Financial Responsibility of Carriers.--The Secretary may 
issue a Department of Transportation identification number under this 
section only if the carrier applying for such registration number files 
with the Secretary proof of financial responsibility in an amount not 
less than that prescribed by the Secretary pursuant to sections 31138 
and 31139 of this title.
    ``(d) Filing Deadlines.--
            ``(1) Carriers that have valid operating authority from the 
        Interstate Commerce Commission as of the date of enactment need 
        not make a separate registration filing with the Department but 
        shall be considered to have validly registered with the 
        Department.
            ``(2) Any carrier that does not currently have operating 
        authority from the Interstate Commerce Commission and is 
        required to file a registration statement under subsection (a) 
        of this section shall file its registration statement with the 
        Department within 90 days of the effective date of the 
        regulations issued pursuant to this section or prior to 
        initiating operations described in subsection (a).
            ``(3) A carrier's registration shall remain in effect for 
        the 5-year term without any additional filing or renewal as 
        long as the carrier continues to provide transportation in 
        interstate commerce and continues to meet its financial 
        responsibility requirements.
            ``(4) A carrier shall file or have filed for it, notice of 
        any change in the status of its financial responsibility 
        requirements.
    ``(e) Fee System.--The Secretary is authorized to establish a fee 
system for filing registration statements and evidence of financial 
responsibility, pursuant to section 9701 of title 31, United States 
Code. Fees collected under this subsection shall equal as nearly as 
possible the costs of operating the registration system in the fiscal 
year, except--
            ``(1) the fee for registering a motor carrier pursuant to 
        this section shall not exceed $300; and
            ``(2) the fee for filing evidence of financial 
        responsibility pursuant to this section shall not exceed $10 
        per filing.
No fee shall be charged for the filing of agents for service of process 
or the filing of other information relating to financial 
responsibility. Fees collected under this subsection may be credited to 
the Department of Transportation appropriation account charged in 
proportion to the amount expended from the account for these purposes, 
and shall be available for expenditure until expended.
    ``(f) Limitations.--The Secretary shall have no authority to 
require any registration filing from any motor private carrier or from 
any carrier providing transportation described in section 10526 of this 
title as in effect on July 1, 1995, unless such carrier also provides 
transportation that would have been subject to section 10521 of this 
title as in effect on July 1, 1995.''.
    (b) The index for subchapter III of chapter 311 is amended by 
adding at the end thereof the following:

    ``31148. Registration''.

                   TITLE V--AMENDMENTS TO OTHER LAWS

SEC. 501. FEDERAL ELECTION CAMPAIGN ACT OF 1971.

    Section 401 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
451) is amended by--
            (1) striking ``Interstate Commerce Commission,'' and 
        inserting ``Intermodal Surface Transportation Board,''; and
            (2) striking ``promulgate, within ninety days after the 
        date of enactment of this Act,'' and inserting ``maintain''.

SEC. 502. AGRICULTURAL ADJUSTMENT ACT OF 1938.

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

SEC. 503. AGRICULTURAL MARKETING ACT OF 1946.

    Section 203(j) of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1622(j)) is amended by striking ``Interstate Commerce Commission,'' and 
inserting ``Intermodal Surface Transportation Board,''.

SEC. 504. ANIMAL WELFARE ACT.

    Section 15(a) of the Animal Welfare Act (7 U.S.C. 2145(a)) is 
amended by striking ``Interstate Commerce Commission'' and inserting 
``Intermodal Surface Transportation Board''.

SEC. 505. TITLE 11, UNITED STATES CODE.

    (a) Section 1164 of title 11, United States Code, is amended by 
striking ``Commission'' and inserting ``Intermodal Surface 
Transportation Board''.
    (b) Section 1170 of title 11, United States Code, is amended by--
            (1) striking ``Commission'' the first time it appears in 
        subsection (b) and inserting ``Intermodal Surface 
        Transportation Board''; and
            (2) striking ``Commission'' wherever else it appears and 
        inserting ``Transportation Board''.
    (c) Section 1172 of title 11, United States Code, is amended by--
            (1) striking ``Commission'' the first time it appears in 
        subsection (b) and inserting ``Intermodal Surface 
        Transportation Board''; and
            (2) striking ``Commission'' wherever else it appears and 
        inserting ``Transportation Board''.

SEC. 506. CLAYTON ACT.

    The Clayton Act (15 U.S.C. 12 et seq.) is amended by--
            (1) striking ``Interstate Commerce Commission'' in the last 
        sentence of section 7 (15 U.S.C. 18) and inserting ``Intermodal 
        Surface Transportation Board'';
            (2) inserting a comma and ``Transportation Board,'' after 
        ``such Commission'' in the last sentence of that section;
            (3) striking ``Interstate Commerce Commission'' in the 
        first sentence of section 11(a) (15 U.S.C. 21) and inserting 
        ``Intermodal Surface Transportation Board''; and
            (4) striking ``Interstate Commerce Commission'' in section 
        16 (15 U.S.C. 26) and inserting ``Intermodal Surface 
        Transportation Board''.

SEC. 507. CONSUMER CREDIT PROTECTION ACT.

    The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is 
amended by--
            (1) striking ``Interstate Commerce Commission'' in section 
        621(b)(4) (15 U.S.C. 1681s) and inserting ``Intermodal Surface 
        Transportation Board'';
            (2) inserting a comma and ``and part B of subtitle IV of 
        title 49, United States Code, by the Secretary of 
        Transportation with respect to any common carrier subject to 
        such part;'' in section 621(b)(4) (15 U.S.C. 1681s) after 
        ``those Acts'';
            (3) striking ``Interstate Commerce Commission'' in section 
        704(a)(4) (15 U.S.C. 1691c) and inserting ``Intermodal Surface 
        Transportation Board'';
            (4) inserting a comma and ``and part B of subtitle IV of 
        title 49, United States Code, by the Secretary of 
        Transportation with respect to any common carrier subject to 
        such part'' in section 704(a)(4) (15 U.S.C. 1691c) after 
        ``those Acts'';
            (5) striking ``Interstate Commerce Commission'' in section 
        814(b)(4) (15 U.S.C. 1692l) and inserting ``Intermodal Surface 
        Transportation Board''; and
            (6) inserting a comma and ``and part B of subtitle IV of 
        title 49, United States Code, by the Secretary of 
        Transportation with respect to any common carrier subject to 
        such part'' in section 814(b)(4) (15 U.S.C. 1692l) after 
        ``those Acts''.

SEC. 508. NATIONAL TRAILS SYSTEM ACT.

    The National Trails System Act (16 U.S.C. 1241 et seq.) is amended 
by--
            (1) striking ``Interstate Commerce Commission'' in the 
        first sentence of section 8(d) (16 U.S.C. 1247(d)) and 
        inserting ``Intermodal Surface Transportation Board'';
            (2) striking ``Commission'' in the last sentence of section 
        8(d) (16 U.S.C. 1247(d)) and inserting ``Intermodal Surface 
        Transportation Board''; and
            (3) striking ``Interstate Commerce Commission'' in section 
        9(b) (16 U.S.C. 1248(d)) and inserting ``Intermodal Surface 
        Transportation Board''.

SEC. 509. TITLE 18, UNITED STATES CODE.

    Section 6001 of title 18, United States Code, is amended by 
striking ``Interstate Commerce Commission'' in subsection (1) and 
inserting ``Intermodal Surface Transportation Board''.

SEC. 510. INTERNAL REVENUE CODE OF 1986.

    (a) Section 3231 of the Internal Revenue Code of 1986 (26 U.S.C. 
3231) is amended by--
            (1) striking ``Interstate Commerce Commission'' in 
        subsection (a) and inserting ``Intermodal Surface 
        Transportation Board''; and
            (2) striking subsection (g) and inserting the following:
    ``(g) Carrier.--For purposes of this chapter, the term `carrier' 
means a rail carrier providing transportation subject to chapter 105 of 
title 49, United States Code.''.
    (b) Section 7701(a) of the Internal Revenue Code of 1986 (26 U.S.C. 
7701(a)) is amended by--
            (1) striking ``Federal Power Commission'' in paragraph 
        (33)(B) and inserting ``Federal Energy Regulatory Commission'';
            (2) striking ``Interstate Commerce Commission'' in 
        paragraph (33)(C)(i) and inserting ``Intermodal Surface 
        Transportation Board'';
            (3) striking ``Interstate Commerce Commission'' in 
        paragraph (33)(C)(ii) with ``Federal Energy Regulatory 
        Commission'';
            (4) striking ``Interstate Commerce Commission under 
        subchapter III of chapter 105'' in paragraph (33)(F) and 
        inserting ``Secretary of Transportation under subchapter II of 
        chapter 135'';
            (5) striking ``subchapter I of'' in paragraph (33)(G); and
            (6) striking ``subchapter I of'' in the first sentence of 
        paragraph (33)(H).

SEC. 511. TITLE 28, UNITED STATES CODE.

    (a) The heading of chapter 157 of part VI of title 28, United 
States Code, is amended by striking ``INTERSTATE COMMERCE COMMISSION'' 
and inserting ``INTERMODAL SURFACE TRANSPORTATION BOARD''.
    (b) Section 2321 of title 28, United States Code, is amended by--
            (1) striking ``Commission's'' in the section caption and 
        inserting ``Intermodal Surface Transportation Board's''; and
            (2) striking ``Interstate Commerce Commission'' in 
        subsections (a) and (b) and inserting ``Intermodal Surface 
        Transportation Board''.
    (c) Section 2323 of title 28, United States Code, is amended by--
            (1) striking ``Interstate Commerce Commission'' and 
        inserting ``Intermodal Surface Transportation Board''; and
            (2) striking ``Commission'', wherever it appears, and 
        inserting ``Transportation Board''.
    (d) Section 2341 of title 28, United States Code, is amended by--
            (1) striking ``Interstate Commerce Commission'' in 
        paragraph (3)(A);
            (2) striking ``and'' in paragraph (3)(C);
            (3) striking ``Act.'' in paragraph (3)(D) and inserting 
        ``Act; and''; and
            (4) inserting after paragraph (3)(D) the following:
                    ``(E) the Transportation Board, when the order was 
                entered by the Intermodal Surface Transportation 
                Board.''.
    (e) Section 2342 of title 28, United States Code, is amended by--
            (1) inserting ``or pursuant to part B of subtitle IV of 
        title 49, United States Code'' at the end of paragraph (3)(A); 
        and
            (2) striking paragraph (5) and inserting the following:
            ``(5) all rules, regulations, or final orders of the 
        Intermodal Surface Transportation Board made reviewable by 
        section 2321 of this title; and''.

SEC. 512. 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. 513. TITLE 39, UNITED STATES CODE.

    (a) Section 5005 of title 39, United States Code, is amended by 
striking ``Interstate Commerce Commission'' in subsection (b)(3) and 
inserting ``Intermodal Surface Transportation Board''.
    (b) Section 5203 of title 39, United States Code, is amended by--
            (1) striking subsection (f) and redesignating subsection 
        (g) as subsection (f); and
            (2) striking ``Commission'' in subsection (f), as 
        redesignated, and inserting ``Intermodal Surface Transportation 
        Board''.
    (c) Section 5207 of title 39, United States Code, is amended by--
            (1) striking ``Interstate Commerce Commission'', in both 
        the section caption and subsection (a), and inserting 
        ``Intermodal Surface Transportation Board''; and
            (2) striking ``Commission'' wherever it appears and 
        inserting ``Transportation Board''.
    (d) Section 5208 of title 39, United States Code, is amended by--
            (1) striking ``Commission's'' in subsection (a) and 
        inserting ``Transportation Board's''; and
            (2) striking ``Commission'' wherever it appears and 
        inserting ``Transportation Board''.
    (e) The index for chapter 52 of title 39, United States Code, is 
amended by striking out the items relating to section 5207 and 
inserting in lieu thereof the following:

    ``5207. Intermodal Surface Transportation Board to fix rates.''

SEC. 514. ENERGY POLICY ACT OF 1992.

    Section 1340 of the Energy Policy Act of 1992 (42 U.S.C. 13369) is 
amended by striking ``Interstate Commerce Commission'' in subsections 
(a) and (d) and inserting ``Intermodal Surface Transportation Board''.

SEC. 515. RAILWAY LABOR ACT.

    Section 151 of the Railway Labor Act (45 U.S.C. 151) is amended 
by--
            (1) striking ``any express company, sleeping-car company, 
        carrier by railroad, subject to'' in the first paragraph and 
        inserting ``any railroad subject to'';
            (2) striking ``Interstate Commerce Commission'' in the 
        first and fifth paragraphs and inserting ``Intermodal Surface 
        Transportation Board''; and
            (3) striking ``Commission'', wherever it appears in the 
        fifth paragraph and inserting ``Intermodal Surface 
        Transportation Board''.

SEC. 516. RAILROAD RETIREMENT ACT OF 1974.

    Section 1 of the Railroad Retirement Act of 1974 (45 U.S.C. 231) is 
amended by--
            (1) striking subsection (a)(1)(i) and inserting:
            ``(i) any carrier by railroad subject to chapter 105 of 
        title 49, United States Code;'';
            (2) striking ``Interstate Commerce Commission'' in 
        subsection (a)(2)(ii) and inserting ``Intermodal Surface 
        Transportation Board'';
            (3) striking ``Board,'' in subsection (a)(2)(ii) and 
        inserting ``Railroad Retirement Board,''; and
            (4) inserting ``Intermodal Surface Transportation Board,'' 
        after Interstate Commerce Commission,'' in the first sentence 
        of subsection (o).

SEC. 517. RAILROAD UNEMPLOYMENT INSURANCE ACT.

    (a) Section 1 of the Railroad Unemployment Insurance Act (45 U.S.C. 
351) is amended by--
            (1) striking ``Interstate Commerce Commission'' in the 
        second sentence of paragraph (a) and inserting ``Intermodal 
        Surface Transportation Board'';
            (2) striking ``Board,'' in the second sentence of paragraph 
        (a) and inserting ``Railroad Retirement Board,''; and
            (3) striking paragraph (b) and inserting the following:
    ``(b) The term `carrier' means a carrier by railroad subject to 
chapter 105 of title 49, United States Code.''.
    (b) Section 2(h)(3) of the Railroad Unemployment Insurance Act (45 
U.S.C. 352(h)(3)) is amended by--
            (1) striking ``Interstate Commerce Commission'' and 
        inserting ``Intermodal Surface Transportation Board''; and
            (2) striking ``Board,'' and inserting ``Railroad Retirement 
        Board,''.

SEC. 518. EMERGENCY RAIL SERVICES ACT OF 1970.

    Section 3 of the Emergency Rail Services Act of 1970 (45 U.S.C. 
662) is amended by striking ``Commission'', wherever it appears in 
subsections (a) and (b), and inserting ``Intermodal Surface 
Transportation Board''.

SEC. 519. REGIONAL RAIL REORGANIZATION ACT OF 1973.

    (a) Section 304 of the Regional Rail Reorganization Act of 1973 (45 
U.S.C. 744) is amended by--
            (1) striking ``Commission'' in subsection (d)(1)(A) and 
        inserting ``Intermodal Surface Transportation Board''; and
            (2) striking ``Commission'' wherever else it appears in 
        paragraph (1) or (3) of subsection (d), and in subsections (f) 
        and (g), and inserting ``Transportation Board''.
    (b) Section 305 of the Regional Rail Reorganization Act of 1973 (45 
U.S.C. 745) is amended by--
            (1) striking ``or the Association'' and ``or the 
        Association, as the case may be,'' in the first sentence of 
        subsection (a);
            (2) striking the second sentence of subsection (a);
            (3) striking the third sentence of subsection (a) and 
        inserting ``A proposal shall state and describe any 
        transactions proposed, the rail properties involved, the 
        parties to such transactions, the financial and other terms of 
        such transactions, and the purposes of the chapter or the goals 
        of the final system plan intended to be effectuated by such 
        transactions.'';
            (4) striking the last sentence of subsection (a) and 
        inserting ``Upon the development of a proposal, the Secretary 
        shall publish a summary of such proposal in the Federal 
        Register, and shall afford interested persons (including the 
        Corporation when property is to be transferred to or from the 
        Corporation) an opportunity to comment thereon.'';
            (5) striking ``Association'' wherever it appears in 
        subsection (b) and inserting ``Secretary'';
            (6) striking ``Commission'', in the subsection caption and 
        first sentence of subsection (c) and inserting ``Intermodal 
        Surface Transportation Board'';
            (7) striking ``Commission'' wherever else it appears in 
        subsection (c) and inserting ``Transportation Board'';
            (8) striking ``Association'' wherever it appears in the 
        first sentence of subsection (d)(1) and inserting 
        ``Secretary'';
            (9) striking ``Commission's'' in the first and last 
        sentences of subsection (d)(1) and inserting ``Transportation 
        Board's'';
            (10) striking the second sentence of subsection (d)(1);
            (11) striking ``the Association (in the case of a proposal 
        developed by the Association) or'' and ``(in the case of a 
        proposal developed by the Secretary)'' in the third sentence of 
        subsection (d)(2);
            (12) striking ``either the Association or'' in subsection 
        (d)(3);
            (13) striking ``evaluation by the Association, the 
        Secretary, or the Commission'' in the first sentence of 
        subsection (d)(5) and inserting ``the Secretary or the 
        Transportation Board''; and
            (14) striking ``Association'' wherever it appears in 
        subsection (e) and inserting ``Secretary''.

SEC. 520. ALASKA RAILROAD TRANSFER ACT OF 1982.

    Section 608 of the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 
1207) is amended by striking ``Interstate Commerce Commission'' 
wherever it appears in subsections (a) and (c) and inserting 
``Intermodal Surface Transportation Board''.

SEC. 521. MERCHANT MARINE ACT, 1920.

    (a) Section 8 of Merchant Marine Act, 1920 (46 U.S.C. App. 867) is 
amended by--
            (1) striking ``Interstate Commerce Commission'' in both 
        places that it appears and inserting ``Intermodal Surface 
        Transportation Board''; and
            (2) striking ``commission'' and inserting ``board''.
    (b) Section 28 of the Merchant Marine Act, 1920 (46 U.S.C. App. 
884) is amended by--
            (1) striking ``Interstate Commerce Commission'' where it 
        first appears and inserting ``Intermodal Surface Transportation 
        Board''; and
            (2) striking ``Interstate Commerce Commission'' wherever 
        else it appears and inserting ``Transportation Board''.

SEC. 522. SERVICE CONTRACT ACT OF 1965.

    Section 356(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. 523. 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.''.

                        TITLE VI--AUTHORIZATION

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out the provisions of this Act, there 
are authorized to be appropriated--
            (1) for the closedown of the Interstate Commerce Commission 
        and severance costs for Interstate Commerce Commission 
        personnel, $6,493,400;
            (2) for the operations of the Interstate Commerce 
        Commission for the remainder of fiscal year 1995 and fiscal 
        year 1996, $8,395,000; and
            (3) for the operations of the Intermodal Surface 
        Transportation Board, $12,000,000 for each of the fiscal years 
        1996, 1997, and 1998.

                       TITLE VII--EFFECTIVE DATE

SEC. 701. EFFECTIVE DATE.

    Except as otherwise expressly provided, this Act and the amendments 
made by this Act shall take effect on January 1, 1996.

                                 <all>

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