[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1396 Reported in Senate (RS)]
Calendar No. 247
104th CONGRESS
1st Session
S. 1396
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to provide for the regulation of
surface transportation.
_______________________________________________________________________
November 18 (legislative day, November 16), 1995
Reported with an amendment
Calendar No. 247
104th CONGRESS
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, Mr. Exon, Mr. Burns, Mr. Hollings, Mr.
Inouye, Mr. Hutchison, and Mrs. Kassebaum) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
November 18 (legislative day, November 16), 1995
Reported by Mr. Pressler, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Interstate Commerce
Commission Sunset Act of 1995''.</DELETED>
<DELETED>SEC. 2. AMENDMENT OF TITLE 49.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 3. TABLE OF SECTIONS.</DELETED>
<DELETED> The table of sections for this Act is as
follows:</DELETED>
<DELETED>Section 1. Short title........ 1
<DELETED>Sec. 2. Amendment of title 49. 1
<DELETED>Sec. 3. Table of sections..... 2
<DELETED>TITLE I--TERMINATION OF THE INTERSTATE
COMMERCE COMMISSION; REPEAL OF OBSOLETE AND
UNNECESSARY PROVISIONS OF LAW 5
<DELETED>Subtitle A--Termination of ICC 5
<DELETED>Sec. 101. Agency termination.. 5
<DELETED>Sec. 102. Savings provisions.. 5
<DELETED>Sec. 103. References to the 8
ICC in other laws.
<DELETED>Subtitle B--Repeal of Obsolete, Etc.,
Provisions 8
<DELETED>Sec. 121. Repeal of provisions 8
<DELETED>Sec. 122. Coverage of certain 20
entities under other, unrelated
Acts not affected.
<DELETED>TITLE II--INTERMODAL SURFACE TRANSPORTATION
BOARD 20
<DELETED>Subtitle A--Organization 20
<DELETED>Sec. 201. Amendment to 20
subchapter I.
<DELETED>``Subchapter I--establishment 21
<DELETED>``Sec. 10301. Establishment of 21
transportation board.
<DELETED>``Sec. 10302. Functions....... 24
<DELETED>``Sec. 10303. Administrative 24
provisions.
<DELETED>``Sec. 10304. Annual report... 26
<DELETED>Sec. 202. Administrative 27
support.
<DELETED>Sec. 203. Reorganization...... 27
<DELETED>Sec. 204. Transfer of assets.. 27
<DELETED>Subtitle B--Administrative 27
<DELETED>Sec. 211. Powers.............. 27
<DELETED>Sec. 212. Commission action... 28
<DELETED>Sec. 213. Service of notice in 30
Commission proceedings.
<DELETED>Sec. 214. Service of process 31
in court proceedings.
<DELETED>Sec. 215. Federal Highway 32
Administration rulemaking.
<DELETED>TITLE III--RAIL AND PIPELINE TRANSPORTATION 32
<DELETED>Sec. 301. General changes in 32
references to Commission, etc.
<DELETED>Sec. 302. Rail transportation 34
policy.
<DELETED>Sec. 303. Definitions......... 34
<DELETED>Sec. 304. General jurisdiction 35
<DELETED>Sec. 305. Railroad and water 36
transportation connections and
rates.
<DELETED>Sec. 306. Authority to exempt 36
rail carrier and motor carrier
transportation.
<DELETED>Sec. 307. Standards for rates, 38
classifications, etc.
<DELETED>Sec. 308. Standards for rates 39
for rail carriers.
<DELETED>Sec. 309. Authority for 41
carriers to establish rates,
classifications, etc.
<DELETED>Sec. 310. Authority for 41
carriers to establish through
routes.
<DELETED>Sec. 311. Authority and 41
criteria for prescribed rates,
classifications, etc.
<DELETED>Sec. 312. Authority for 42
prescribed through routes, joint
classifications, etc.
<DELETED>Sec. 313. Antitrust exemption 43
for rate agreements.
<DELETED>Sec. 314. Investigation and 47
suspension of new rail rates, etc.
<DELETED>Sec. 315. Zone of rail carrier 45
rate flexibility.
<DELETED>Sec. 316. Investigation and 48
suspension of new pipeline carrier
rates, etc.
<DELETED>Sec. 317. Determination of 49
market dominance.
<DELETED>Sec. 318. Contracts........... 51
<DELETED>Sec. 319. Rates and liability 53
based on value.
<DELETED>Sec. 320. Prohibitions against 53
discrimination by common carriers.
<DELETED>Sec. 321. Facilities for 54
interchange of traffic.
<DELETED>Sec. 322. Liability for 54
payment of rates.
<DELETED>Sec. 323. Continuous carriage 55
of freight.
<DELETED>Sec. 324. Transportation 55
services or facilities furnished by
shipper.
<DELETED>Sec. 325. Demurrage charges... 55
<DELETED>Sec. 326. Transportation 56
prohibited without tariff.
<DELETED>``Sec. 10761. Transportation 56
prohibited without tariff.
<DELETED>Sec. 326. General elimination 56
of tariff filing requirements.
<DELETED>``Sec. 10762. General 56
elimination of tariff filing
requirements.
<DELETED>Sec. 327. Designation of 59
certain routes.
<DELETED>Sec. 328. Authorizing 59
construction and operation of
railroad lines.
<DELETED>Sec. 329. Authorizing action 60
to provide facilities.
<DELETED>Sec. 330. Authorizing 60
abandonment and discontinuance.
<DELETED>Sec. 331. Filing and procedure 60
for applications to abandon or
discontinue.
<DELETED>Sec. 332. Exceptions.......... 61
<DELETED>Sec. 333. Railroad development 61
<DELETED>Sec. 334. Providing 61
transportation, service, and rates.
<DELETED>``Sec. 11101. Providing 61
transportation, service, and rates.
<DELETED>Sec. 335. Use of terminal 63
facilities.
<DELETED>Sec. 336. Switch connections 63
and tracks.
<DELETED>Sec. 337. Criteria............ 63
<DELETED>Sec. 338. Rerouting traffic on 64
failure of rail carrier to serve
public.
<DELETED>Sec. 339. Directed rail 64
transportation.
<DELETED>Sec. 340. War emergencies; 64
embargoes.
<DELETED>Sec. 341. Definitions for 64
subchapter III.
<DELETED>``Sec. 11141. Definitions..... 64
<DELETED>Sec. 342. Depreciation charges 65
<DELETED>Sec. 343. Records, etc........ 65
<DELETED>Sec. 344. Reports by carriers, 66
lessors, and associations.
<DELETED>Sec. 345. Accounting and cost 66
reporting.
<DELETED>Sec. 346. Equipment trusts.... 66
<DELETED>Sec. 347. Restrictions on 68
officers and directors.
<DELETED>Sec. 348. Limitation on 68
pooling and division of
transportation or earnings.
<DELETED>Sec. 349. Consolidation, 69
merger, and acquisition of control.
<DELETED>Sec. 350. General procedure 69
and conditions of approval for
consolidation, etc.
<DELETED>Sec. 351. Rail carrier 70
procedure for consolidation, etc.
<DELETED>Sec. 352. Employee protective 71
arrangements.
<DELETED>Sec. 353. Authority over 71
noncarrier acquirers.
<DELETED>Sec. 354. Authority over 71
intrastate transportation.
<DELETED>Sec. 355. Tax discrimination 72
against rail transportation
property.
<DELETED>Sec. 356. Withholding state 72
and local income tax by certain
carriers.
<DELETED>Sec. 357. General authority 72
for enforcement, investigations,
etc.
<DELETED>Sec. 358. Enforcement......... 73
<DELETED>Sec. 359. Attorney General 74
enforcement.
<DELETED>Sec. 360. Rights and remedies. 74
<DELETED>Sec. 361. Limitation on 75
actions.
<DELETED>Sec. 362. Liability of common 76
carriers under receipts and bills
of lading.
<DELETED>Sec. 363. Liability when 77
property is delivered in violation
of routing instructions.
<DELETED>Sec. 364. General civil 77
penalties.
<DELETED>Sec. 365. Civil penalty for 78
accepting rebates from common
carrier.
<DELETED>Sec. 366. Rate, 78
discrimination, and tariff
violations.
<DELETED>Sec. 367. Additional rate and 79
discrimination violations.
<DELETED>Sec. 368. Interference with 79
railroad car supply.
<DELETED>Sec. 369. Record keeping and 79
reporting violations.
<DELETED>Sec. 370. Unlawful disclosure 80
of information.
<DELETED>Sec. 371. Consolidation, 80
merger, and acquisition of control.
<DELETED>Sec. 372. General criminal 80
penalty.
<DELETED>Sec. 373. Financial assistance 80
for State projects.
<DELETED>Sec. 374. Status of AMTRAK and 81
applicable laws.
<DELETED>Sec. 375. Rail-shipper 81
transportation advisory council.
<DELETED>``Subchapter VI. Rail and Shipper
Transportation Advisory Council 81
<DELETED>``Sec. 10391. Rail and Shipper 81
Transportation Advisory Council.
<DELETED>TITLE IV--MOTOR CARRIER, WATER CARRIER,
BROKER, AND FREIGHT FORWARDER TRANSPORTATION 88
<DELETED>Subtitle A--Addition of Part B 88
<DELETED>Sec. 401. Enactment of part B 88
of Subtitle IV, Title 49, United
States Code.
<DELETED>``Part B--Motor Carriers, Water Carriers,
Brokers, and Freight Forwarders 89
<DELETED>``Chapter 131--General Provisions 89
<DELETED>``Sec. 13101. Transportation 89
policy.
<DELETED>``Sec. 13102. Definitions..... 91
<DELETED>``Sec. 13103. Remedies are 99
cumulative.
<DELETED>``Chapter 133--Administrative Provisions 99
<DELETED>``Sec. 13301. Powers.......... 99
<DELETED>``Sec. 13302. Intervention.... 102
<DELETED>``Sec. 13303. Service of 102
notice in proceedings under this
part.
<DELETED>``Sec. 13304. Service of 103
process in court proceedings.
<DELETED>``Chapter 135--Jurisdiction 103
<DELETED>Subchapter I--Motor Carrier Transportation 103
<DELETED>``Sec. 13501. General 103
jurisdiction.
<DELETED>``Sec. 13502. Exempt 104
transportation between alaska and
other states.
<DELETED>``Sec. 13503. Exempt motor 105
vehicle transportation in terminal
areas.
<DELETED>``Sec. 13504. Exempt motor 107
carrier transportation entirely in
one state.
<DELETED>Subchapter II--Water Carrier Transportation 108
<DELETED>``Sec. 13521. General 108
jurisdiction.
<DELETED>Subchapter III--Freight Forwarder Service 109
<DELETED>``Sec. 13531. General 109
jurisdiction.
<DELETED>Subchapter IV--Authority to Exempt 110
<DELETED>``Sec. 13541. Authority to 110
exempt transportation or services.
<DELETED>Chapter 137--Rates and Through Routes 112
<DELETED>``Sec. 13701. Requirements for 112
reasonable rates, classifications,
through routes, rules, and
practices for certain
transportation.
<DELETED>``Sec. 13702. Tariff 113
requirement for certain
transportation.
<DELETED>``Sec. 13703. Certain 116
collective activities; exemption
from antitrust laws.
<DELETED>``Sec. 13703. Certain 116
collective activities; exemption
from antitrust laws.
<DELETED>``Sec. 13704. Household goods 120
rates--estimates; guarantees of
service.
<DELETED>``Sec. 13705. Requirements for 122
through routes among motor carriers
of passengers.
<DELETED>``Sec. 13706. Liability for 123
payment of rates.
<DELETED>``Sec. 13707. Billing and 124
collecting practices.
<DELETED>``Sec. 13708. Procedures for 125
resolving claims involving unfiled,
negotiated transportation rates.
<DELETED>``Sec. 13709. Additional motor 132
carrier undercharge provisions.
<DELETED>``Sec. 13710. Alternative 134
procedure for resolving undercharge
disputes.
<DELETED>``Sec. 13711. Government 137
traffic.
<DELETED>``Sec. 13712. Food and grocery 138
transportation.
<DELETED>Chapter 139--Registration 139
<DELETED>``Sec. 13901. Requirement for 139
registration.
<DELETED>``Sec. 13902. registration of 139
motor carriers.
<DELETED>``Sec. 13903. Registration of 148
freight forwarders.
<DELETED>``Sec. 13904. Registration of 149
motor carrier brokers.
<DELETED>``Sec. 13905. Effective 150
periods of registration.
<DELETED>``Sec. 13906. Security of 152
motor carriers, brokers, and
freight forwarders.
<DELETED>``Sec. 13907. Household goods 155
agents.
<DELETED>``Sec. 13908. Registration and 159
other reforms.
<DELETED>Chapter 141--Operations of Carriers 161
<DELETED>Subchapter I--General Requirements 161
<DELETED>``Sec. 14101. Providing 161
transportation and service.
<DELETED>``Sec. 14102. Leased motor 162
vehicles.
<DELETED>``Sec. 14103. Loading and 164
unloading motor vehicles.
<DELETED>``Sec. 14104. Household goods 165
carrier operations.
<DELETED>Subchapter II--Reports and Records 167
<DELETED>``Sec. 14121. Definitions..... 167
<DELETED>``Sec. 14122. Records: form; 168
inspection; preservation.
<DELETED>``Sec. 14123. Reports by 168
carriers, brokers, and
associations.
<DELETED>Chapter 143--Finance 170
<DELETED>``Sec. 14301. Security 170
interests in certain motor
vehicles.
<DELETED>``Sec. 14302. Pooling and 172
division of transportation or
earnings.
<DELETED>Chapter 145--Federal-State Relations 176
<DELETED>``Sec. 14501. Federal 176
authority over intrastate
transportation.
<DELETED>``Sec. 14502. Tax 181
discrimination against motor
carrier transportation property.
<DELETED>``Sec. 14503. Withholding 184
State and local income tax by
certain carriers.
<DELETED>``Sec. 14504. State tax....... 185
<DELETED>``Sec. 14505. Bus charter 186
provision--subsidization by public
entities.
<DELETED>Chapter 147--Enforcement; Investigations;
Rights; Remedies 186
<DELETED>``Sec. 14701. General 186
authority.
<DELETED>``Sec. 14702. Enforcement by 187
the regulatory authority.
<DELETED>``Sec. 14703. Enforcement by 188
the attorney general.
<DELETED>``Sec. 14704. Rights and 189
remedies of persons injured by
carriers or brokers.
<DELETED>``Sec. 14705. Limitation on 192
actions by and against carriers.
<DELETED>``Sec. 14706. Liability of 194
carriers under receipts and bills
of lading.
<DELETED>``Sec. 14707. Private 198
enforcement of registration
requirement.
<DELETED>``Sec. 14708. Dispute 199
settlement program for household
goods carriers.
<DELETED>``Sec. 14709. Tariff 204
reconciliation rules for motor
carriers of property.
<DELETED>``Sec. 14710. Rate discounts.. 204
<DELETED>Chapter 149--Civil and Criminal Penalties 205
<DELETED>``Sec. 14901. General civil 205
penalties.
<DELETED>``Sec. 14902. Civil penalty 208
for accepting rebates from carrier.
<DELETED>``Sec. 14903. Tariff 209
violations.
<DELETED>``Sec. 14904. Additional rate 210
violations.
<DELETED>``Sec. 14905. Penalties for 211
violations of rules relating to
loading and unloading motor
vehicles.
<DELETED>``Sec. 14906. Evasion of 212
regulation of carriers and brokers.
<DELETED>``Sec. 14907. Record keeping 212
and reporting violations.
<DELETED>``Sec. 14908. Unlawful 213
disclosure of information.
<DELETED>``Sec. 14909. Disobedience to 214
subpenas.
<DELETED>``Sec. 14910. General criminal 214
penalty when specific penalty not
provided.
<DELETED>``Sec. 14911. Punishment of 215
corporation for violations
committed by certain individuals.
<DELETED>``Sec. 14912. Weight-bumping 215
in household goods transportation.
<DELETED>``Sec. 14913. Conclusiveness 216
of rates in certain prosecutions.
<DELETED>Subtitle B--Motor Carrier Registration and
Insurance Requirements 216
<DELETED>Sec. 451. Amendment of section 216
31102.
<DELETED>Sec. 452. Amendment of section 217
31138.
<DELETED>Sec. 453. Self--insurance 218
rules.
<DELETED>Sec. 454. Motor carrier 218
financial responsibility
information system.
<DELETED>Sec. 455. Safety fitness of 220
owners and operators.
<DELETED>Sec. 456. Registration........ 220
<DELETED>``Sec. 31148. registration.... 221
<DELETED>TITLE V--AMENDMENTS TO OTHER LAWS 225
<DELETED>Sec. 501. Federal Election 225
Campaign Act of 1971.
<DELETED>Sec. 502. Agricultural 226
Adjustment Act of 1938.
<DELETED>Sec. 503. Agricultural 226
Marketing Act of 1946.
<DELETED>Sec. 504. Animal Welfare Act.. 226
<DELETED>Sec. 505. Title 11, United 226
States Code.
<DELETED>Sec. 506. Clayton Act......... 227
<DELETED>Sec. 507. Consumer Credit 228
Protection Act.
<DELETED>Sec. 508. National Trails 229
System Act.
<DELETED>Sec. 509. Title 18, United 229
States Code.
<DELETED>Sec. 510. Internal Revenue 230
Code of 1986.
<DELETED>Sec. 511. Title 28, United 231
States Code.
<DELETED>Sec. 512. Migrant and Seasonal 233
Agricultural Worker Protection Act.
<DELETED>Sec. 513. Title 39, United 233
States Code.
<DELETED>Sec. 514. Energy Policy Act of 234
1992.
<DELETED>Sec. 515. Railway Labor Act... 235
<DELETED>Sec. 516. Railroad Retirement 235
Act of 1974.
<DELETED>Sec. 517. Railroad 236
Unemployment Insurance Act.
<DELETED>Sec. 518. Emergency Rail 237
Services Act of 1970.
<DELETED>Sec. 519. Regional Rail 237
Reorganization Act of 1973.
<DELETED>Sec. 520. Alaska Railroad 239
Transfer Act of 1982.
<DELETED>Sec. 521. Merchant Marine Act, 239
1920.
<DELETED>Sec. 522. Service Contract Act 240
of 1965.
<DELETED>Sec. 523. Federal Aviation 240
Administration Authorization Act of
1994.
<DELETED>TITLE VI--AUTHORIZATION 241
<DELETED>Sec. 601. Authorization of 241
appropriations.
<DELETED>TITLE VII--EFFECTIVE DATE 241
<DELETED>Sec. 701. Effective date...... 241
<DELETED>TITLE I--TERMINATION OF THE INTERSTATE COMMERCE COMMISSION;
REPEAL OF OBSOLETE AND UNNECESSARY PROVISIONS OF LAW</DELETED>
<DELETED>Subtitle A--Termination of ICC</DELETED>
<DELETED>SEC. 101. AGENCY TERMINATION.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 102. SAVINGS PROVISIONS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Proceedings; Applications.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) The Transportation Board and the Secretary are
authorized to provide for the orderly transfer of pending
proceedings from the Interstate Commerce Commission.</DELETED>
<DELETED> (c) Actions in Law Commenced Before Enactment.--Except as
provided in subsection (e)--</DELETED>
<DELETED> (1) the provisions of this Act shall not affect
suits commenced prior to the date this Act takes effect,
and,</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 103. REFERENCES TO THE ICC IN OTHER LAWS.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) the Intermodal Surface Transportation Board,
insofar as it involves functions transferred to the
Transportation Board by this Act; and</DELETED>
<DELETED> (2) the Secretary of Transportation, insofar as it
involves functions transferred to the Secretary by this
Act.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>Subtitle B--Repeal of Obsolete, Etc., Provisions</DELETED>
<DELETED>SEC. 121. REPEAL OF PROVISIONS.</DELETED>
<DELETED> The following provisions are repealed:</DELETED>
<DELETED> (1) Section 10101 (relating to transportation
policy) and the item relating thereto in the table of sections
of chapter 101 are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Section 10328 (relating to intervention) and
the item relating thereto in the table of sections of chapter
103 are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Section 24505(b) of title 49, United States
Code, is amended to read as follows:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (9) Section 10502 (relating to express carrier
transportation) and the item relating thereto in the table of
sections of chapter 105 are repealed.</DELETED>
<DELETED> (10) Section 10504 (relating to exempt rail mass
transportation) and the item relating thereto in the table of
sections of such chapter are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (15) Section 10712 (relating to inflation-based
rate increases) and the item relating thereto in the table of
sections of chapter 107 are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (17) Section 10743 (relating to payment of rates)
and the item relating thereto in the table of sections of
chapter 107 are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (21) Section 10751 (relating to business
entertainment expenses) and the item relating thereto in the
table of sections of chapter 107 are repealed.</DELETED>
<DELETED> (22) Section 10764 (relating to arrangements
between carriers) and the item relating thereto in the table of
sections of chapter 107 are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (24) Section 10766 (relating to freight forwarder
traffic agreements) and the item relating thereto in the table
of sections of chapter 107 are repealed.</DELETED>
<DELETED> (25) Section 10767 (relating to billing and
collecting practices) and the item relating thereto in the
table of sections of chapter 107 are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Subsection (d) of section 24705 of title 49,
United States Code, is repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (30) Section 11105 (relating to protective
services) and the item relating thereto in the table of
sections of chapter 111 are repealed.</DELETED>
<DELETED> (31) Section 11106 (relating to identification of
motor vehicles) and the item relating thereto in the table of
sections of chapter 111 are repealed.</DELETED>
<DELETED> (32) Section 11107 (relating to leased motor
vehicles) and the item relating thereto in the table of
sections of chapter 111 are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (35) Section 11110 (relating to household goods
carrier operations) and the item relating thereto in the table
of sections of chapter 111 are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (37) Section 11126 (distribution of coal cars) and
the item relating thereto in the table of sections of chapter
111 are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (40) Section 11161 (relating to railroad
accounting principles board) and the item relating thereto in
the table of sections of chapter 111 are repealed.</DELETED>
<DELETED> (41) Section 11162 (relating to cost accounting
principles) and the item relating thereto in the table of
sections of chapter 111 are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (44) Section 11167 (relating to report) and the
item relating thereto in the table of sections of chapter 111
are repealed.</DELETED>
<DELETED> (45) Section 11168 (relating to authorization of
appropriations) and the item relating thereto in the table of
sections of chapter 111 are repealed.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (61) Section 11708 (relating to private
enforcement) and the item relating thereto in the table of
sections of chapter 117 are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (69) Section 11911 (relating to issuance of
securities, etc.) and the item relating thereto in the table of
sections of chapter 119 are repealed.</DELETED>
<DELETED> (70) Section 11913a (relating to accounting
principles violations) and the item relating thereto in the
table of sections of chapter 119 are repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 122. COVERAGE OF CERTAIN ENTITIES UNDER OTHER, UNRELATED
ACT NOT AFFECTED.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE II--INTERMODAL SURFACE TRANSPORTATION BOARD</DELETED>
<DELETED>Subtitle A--Organization</DELETED>
<DELETED>SEC. 201. AMENDMENT TO SUBCHAPTER I.</DELETED>
<DELETED> (a) Amendment.--Subchapter I of chapter 103 is amended to
read as follows:</DELETED>
<DELETED>``SUBCHAPTER I--ESTABLISHMENT</DELETED>
<DELETED>``Sec. 10301. Establishment of Transportation Board</DELETED>
<DELETED> ``(a) Establishment.--There is hereby established within
the Department of Transportation the Intermodal Surface Transportation
Board.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) appoint the heads of major office with the
approval of the Transportation Board;</DELETED>
<DELETED> ``(C) distribute Transportation Board business
among officers and employees and offices of the Transportation
Board;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(E) supervise the expenditure of funds allocated
by the Transportation Board for major programs and
purposes.</DELETED>
<DELETED>``Sec. 10302. Functions</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``Sec. 10303. Administrative provisions</DELETED>
<DELETED> ``(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 State Government.</DELETED>
<DELETED> ``(b) Open Meetings.--For purposes of section 552b of
title 5, United States Code, the Transportation Board shall be deemed
to be an agency.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) showing the amount requested by the
Transportation Board in its budgetary presentation to the
Secretary and the Office of Management and Budget;
and</DELETED>
<DELETED> ``(2) an assessment of the budgetary needs of the
Transportation Board.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 10304. Annual report</DELETED>
<DELETED> ``The Transportation Board shall annually transmit to the
Congress a report on its activities.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SUBCHAPTER I--ESTABLISHMENT
<DELETED>``Sec.
<DELETED>``10301. Establishment of Transportation Board.
<DELETED>``10302. Functions.
<DELETED>``10303. Administrative provisions.
<DELETED>``10304. Annual report.''.
<DELETED>SEC. 202. ADMINISTRATIVE SUPPORT.</DELETED>
<DELETED> The Secretary of Transportation shall provide
administrative support for the Transportation Board.</DELETED>
<DELETED>SEC. 203. REORGANIZATION.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 204. TRANSFER OF ASSETS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Subtitle B--Administrative</DELETED>
<DELETED>SEC. 211. POWERS.</DELETED>
<DELETED> Section 10321 is amended--</DELETED>
<DELETED> (1) by striking ``Interstate Commerce Commission''
in subsection (a) and inserting in lieu thereof
``Transportation Board'';</DELETED>
<DELETED> (2) striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (4) by striking paragraph (2) of subsection
(c);</DELETED>
<DELETED> (5) by redesignating paragraph (3) of subsection
(c) as paragraph (2); and</DELETED>
<DELETED> (6) by striking ``Commission'' each place it
appears and inserting in lieu thereof ``Transportation
Board''.</DELETED>
<DELETED>SEC. 212. COMMISSION ACTION.</DELETED>
<DELETED> (a) Amendments.--Section 10324 is amended--</DELETED>
<DELETED> (1) in the section heading, by striking
``Commission'' and inserting in lieu thereof ``Transportation
Board'';</DELETED>
<DELETED> (2) by striking ``Interstate Commerce Commission''
in subsection (a) and inserting in lieu thereof
``Transportation Board'';</DELETED>
<DELETED> (3) by striking ``Commission'' each place it
appears in subsection (b) and inserting in lieu thereof
``Transportation Board'';</DELETED>
<DELETED> (4) by striking subsection (c); and</DELETED>
<DELETED> (5) by adding at the end the following new
subsections:</DELETED>
<DELETED> ``(c) The Transportation Board may, at any time on its own
initiative because of material error, new evidence, or substantially
changed circumstances--</DELETED>
<DELETED> ``(1) reopen a proceeding;</DELETED>
<DELETED> ``(2) grant rehearing, reargument, or
reconsideration of an action of the Transportation Board;
or</DELETED>
<DELETED> ``(3) change an action of the Transportation
Board.</DELETED>
<DELETED>An interested party may petition to reopen and reconsider an
action of the Transportation Board under this subsection under
regulations of the Transportation Board.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 213. SERVICE OF NOTICE IN COMMISSION
PROCEEDINGS.</DELETED>
<DELETED> (a) Amendments.--Section 10329 is amended--</DELETED>
<DELETED> (1) by striking ``Commission'' in the section
heading;</DELETED>
<DELETED> (2) by striking ``Interstate Commerce Commission''
in subsection (a) and inserting in lieu thereof
``Transportation Board'';</DELETED>
<DELETED> (3) striking ``(1)'' in subsection (a) and by
striking paragraph (2) of subsection (a);</DELETED>
<DELETED> (4) striking ``subchapter I of'' in subsection
(a);</DELETED>
<DELETED> (5) striking the second sentence in subsection
(b);</DELETED>
<DELETED> (6) striking ``(1) in subsection (c) and by
striking paragraphs (2) and (3);</DELETED>
<DELETED> (7) striking ``notices of the Commission shall be
served as follows: (1) A'' in subsection (c) and inserting
``a'';</DELETED>
<DELETED> (6) by striking ``, express, sleeping car,'' in
subsection (c)(1);</DELETED>
<DELETED> (7) by striking ``Secretary of the'' in subsection
(c);</DELETED>
<DELETED> (8) in subsection (d)--</DELETED>
<DELETED> (A) by striking ``, express, sleeping
car,''; and</DELETED>
<DELETED> (B) by striking ``who filed the
tariff'';</DELETED>
<DELETED> (9) by striking subsection (e); and</DELETED>
<DELETED> (10) by striking ``Commission'' each place it
appears and inserting in lieu thereof ``Transportation
Board''.</DELETED>
<DELETED> (b) Conforming Amendment.--The item relating to section
10329 in the table of sections of chapter 103 is amended by striking
``Commission''.</DELETED>
<DELETED>SEC. 214. SERVICE OF PROCESS IN COURT PROCEEDINGS.</DELETED>
<DELETED> Section 10330 is amended--<plus-minus></DELETED>
<DELETED> (1) by striking ``Interstate Commerce Commission''
in subsection (a) and inserting in lieu thereof
``Transportation Board'';</DELETED>
<DELETED> (2) by striking ``subchapter I of'' in the first
sentence of subsection (a);</DELETED>
<DELETED> (3) by striking ``Secretary of the Commission'' in
subsection (a) and inserting in lieu thereof ``Transportation
Board'';</DELETED>
<DELETED> (4) by striking subsection (b); and</DELETED>
<DELETED> (5) by redesignating subsection (c) as subsection
(b).</DELETED>
<DELETED>SEC. 215. FEDERAL HIGHWAY ADMINISTRATION RULEMAKING.</DELETED>
<DELETED> 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 or
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.</DELETED>
<DELETED>TITLE III--RAIL AND PIPELINE TRANSPORTATION</DELETED>
<DELETED>SEC. 301. GENERAL CHANGES IN REFERENCES TO COMMISSION,
ETC.</DELETED>
<DELETED> Subtitle IV is amended--</DELETED>
<DELETED> (1) by striking ``Interstate Commerce Commission''
each place it appears (including chapter and section headings)
and inserting ``Intermodal Surface Transportation
Board'';</DELETED>
<DELETED> (2) by striking ``Commission'' each place it
appears in reference to the Interstate Commerce Commission
(including chapter and section headings) and inserting
``Transportation Board'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (5) by striking ``this subtitle'' each place it
appears and inserting ``this part'';</DELETED>
<DELETED> (6) by inserting ``Part A--Rail and Pipeline
Carriers'' after ``SUBTITLE IV--INTERSTATE
COMMERCE'';</DELETED>
<DELETED> (7) by inserting before section 10101 the
following:</DELETED>
<DELETED>``Part B--MOTOR CARRIERS, WATER CARRIERS,
BROKERS, AND FREIGHT FORWARDERS
<DELETED>``Chapter ``Sec.
<DELETED>``131. General provisions..... 13101
<DELETED>``133. Administrative 13301
provisions.
<DELETED>``135. Jurisdiction........... 13501
<DELETED>``137. Rates.................. 13701
<DELETED>``139. Registration........... 13901
<DELETED>``141. Operations of carriers. 14101
<DELETED>``143. Finance................ 14301
<DELETED>``145. Federal-State relations 14501
<DELETED>``147. Enforcement; 14701
investigations; rights; remedies.
<DELETED>``149. Civil and criminal 14901
penalties.
<DELETED> ``PART A-RAIL AND PIPELINE CARRIERS''.</DELETED>
<DELETED>SEC. 302. RAIL TRANSPORTATION POLICY.</DELETED>
<DELETED> Section 10101a is amended by--</DELETED>
<DELETED> (1) striking ``and'' after the semicolon in
paragraph (14);</DELETED>
<DELETED> (2) striking the period at the end of paragraph
(15) and inserting a semicolon and ``and''; and</DELETED>
<DELETED> (3) adding at the end the following:</DELETED>
<DELETED> ``(16) to provide expeditious remedies for traffic
and facilities lacking effective transportation
competition.''.</DELETED>
<DELETED>SEC. 303. DEFINITIONS.</DELETED>
<DELETED> Section 10102 is amended by--</DELETED>
<DELETED> (1) striking paragraphs (1), (2), (5), (6) (8)
through (18), (19), (25), (27), and (30) through
(33);</DELETED>
<DELETED> (2) redesignating the remaining paragraphs as
paragraphs (1) through (11), respectively;</DELETED>
<DELETED> (3) striking paragraph (2) (as redesignated) and
inserting</DELETED>
<DELETED> ``(2) `common carrier' means a pipeline carrier
and a rail carrier;'';</DELETED>
<DELETED> (4) inserting ``common carrier'' after
``railroad'' in paragraph (6) (as redesignated);</DELETED>
<DELETED> (5) striking ``, fare,'' in paragraph (8) (as
redesignated);</DELETED>
<DELETED> (6) striking ``of passengers or property, or
both,'' in paragraph (10)(A) (as redesignated) and inserting
``of property,''; and</DELETED>
<DELETED> (7) striking ``passengers and'' in paragraph
(10)(B) (as redesignated).</DELETED>
<DELETED>SEC. 304. GENERAL JURISDICTION.</DELETED>
<DELETED> Section 10501 is amended by--</DELETED>
<DELETED> (1) striking ``Subject to this chapter and other
law, the'' in subsection (a), and inserting ``The'';</DELETED>
<DELETED> (2) inserting ``of property'' after
``transportation'' in subsection (a);</DELETED>
<DELETED> (3) striking ``express carrier, sleeping car
carrier,'' in subsection (a)(1);</DELETED>
<DELETED> (4) striking ``passengers or'' in subsection
(b)(1);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (6) striking ``(b)'' after ``section 11501'' in
subsection (d).</DELETED>
<DELETED>SEC. 305. RAILROAD AND WATER TRANSPORTATION CONNECTIONS AND
RATES.</DELETED>
<DELETED> Section 10503 is amended by--</DELETED>
<DELETED> (1) striking ``passengers or'' each place it
appears in subsection (a)(2); and</DELETED>
<DELETED> (2) striking ``passengers,'' in subsection
(a)(2)(B).</DELETED>
<DELETED>SEC. 306. AUTHORITY TO EXEMPT RAIL CARRIER AND MOTOR CARRIER
TRANSPORTATION.</DELETED>
<DELETED> Section 10505 is amended by--</DELETED>
<DELETED> (1) striking ``rail carrier and motor carrier''
from the section heading;</DELETED>
<DELETED> (2) striking subsection (a) and inserting the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) is not necessary to carry out the
transportation policy of section 10101 or section 10101a of
this title; and</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (3) striking subsection (d) and inserting the
following:</DELETED>
<DELETED> ``(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''.;</DELETED>
<DELETED> (4) striking subsection (f) and inserting the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (5) striking subsection (g) and inserting the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 307. STANDARDS FOR RATES, CLASSIFICATIONS, ETC.</DELETED>
<DELETED> Section 10701 is amended by--</DELETED>
<DELETED> (1) redesignating subsection (c) as subsection
(b);</DELETED>
<DELETED> (2) striking ``subchapter I or III of chapter
105'' in subsection (b) as so redesignated and inserting
``chapter 105'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) striking subsections (d) through
(f).</DELETED>
<DELETED>SEC. 308. STANDARDS FOR RATES FOR RAIL CARRIERS.</DELETED>
<DELETED> Section 10701a is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I of'' in subsection
(a);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) adding at the end of subsection (b) the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) within 6 months after the
close of the administrative record if the
determination is based upon a stand-alone cost
presentation, or</DELETED>
<DELETED> ``(ii) within 3 months after the
close of the administrative record if the
determination is based upon an alternative,
simplified evidentiary
presentation.''.</DELETED>
<DELETED>SEC. 309. AUTHORITY FOR CARRIERS TO ESTABLISH RATES,
CLASSIFICATIONS, ETC.</DELETED>
<DELETED> Section 10702 is amended by--</DELETED>
<DELETED> (1) beginning with ``service,'' in paragraph (2)
of subsection (a) striking all that follows and inserting
``service.''; and</DELETED>
<DELETED> (2) striking subsections (b) and (c).</DELETED>
<DELETED>SEC. 310. AUTHORITY FOR CARRIERS TO ESTABLISH THROUGH
ROUTES.</DELETED>
<DELETED> Section 10703 is amended by--</DELETED>
<DELETED> (1) striking ``, express, sleeping car,'' in
paragraph (1) of subsection (a);</DELETED>
<DELETED> (2) striking paragraphs (3) and (4) of subsection
(a); and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 311. AUTHORITY AND CRITERIA FOR PRESCRIBED RATES,
CLASSIFICATIONS, ETC.</DELETED>
<DELETED> Section 10704 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I of'' and ``(including
a maximum or minimum rate, or both)'' in the first sentence of
subsection (a)(1);</DELETED>
<DELETED> (2) striking ``subchapter'' in the first sentence
of subsection (a)(2) and inserting ``chapter'';</DELETED>
<DELETED> (3) striking the third sentence of subsection
(a)(2);</DELETED>
<DELETED> (4) striking paragraph (3) of subsection (a) and
redesignating paragraph (4) as (3);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (6) striking subsections (b), (c), (d) and
(e);</DELETED>
<DELETED> (7) redesignating subsection (f) as subsection
(b);</DELETED>
<DELETED> (8) striking ``on its own initiative or'' in
subsection (b) as redesignated; and</DELETED>
<DELETED> (9) striking the last sentence of subsection (b),
as redesignated.</DELETED>
<DELETED>SEC. 312. AUTHORITY FOR PRESCRIBED THROUGH ROUTES, JOINT
CLASSIFICATIONS, ETC.</DELETED>
<DELETED> Section 10705 is amended by--</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (2) striking paragraph (3) of subsection
(a);</DELETED>
<DELETED> (3) striking subsections (b) and (h) and
redesignating subsections (c) through (g) as subsections (b)
through (f);</DELETED>
<DELETED> (4) striking ``or (b)'' and ``, water carrier, or
motor common carrier of property'' in subsection (b), as
redesignated;</DELETED>
<DELETED> (5) striking ``tariff'' in subsection (d), as
redesignated, and inserting ``proposed rate change'';</DELETED>
<DELETED> (6) striking ``, water common carrier, or motor
common carrier of property'' in subsection (d), as
redesignated;</DELETED>
<DELETED> (7) striking ``or (b)'' and ``on its own
initiative or'' in the first sentence of subsection (e)(1) as
redesignated;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (9) striking ``subsection (f)'' in subsection (f),
as redesignated, and inserting ``subsection (e)''.</DELETED>
<DELETED>SEC. 313. ANTITRUST EXEMPTION FOR RATE AGREEMENTS.</DELETED>
<DELETED> Section 10706 is amended by--</DELETED>
<DELETED> (1) striking subsection (a)(3)(B);</DELETED>
<DELETED> (2) redesignating paragraphs (3)(C) and (D) of
subsection (a) as paragraphs (3)(B) and (C);</DELETED>
<DELETED> (3) striking ``consider'' in subsection
(a)(3)(B)(ii)(II), as redesignated, and inserting
``considered'';</DELETED>
<DELETED> (4) striking ``subchapter I of'' in subsection
(a)(5)(A);</DELETED>
<DELETED> (5) striking ``the effective date of the Staggers
Rail Act of 1980'' in subsection (a)(5)(C), and inserting
``October 1, 1980,'';</DELETED>
<DELETED> (6) striking subsections (b), (c), and (d) and
redesignating subsections (e) through (g) as subsections (b)
through (d);</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (8) striking ``subsection (a), (b), or (c) of this
section.'' in subsection (d), as redesignated and inserting
``subsection (a).''; and</DELETED>
<DELETED> (9) striking subsections (h) and (i).</DELETED>
<DELETED>SEC. 314. INVESTIGATION AND SUSPENSION OF NEW RAIL RATES,
ETC.</DELETED>
<DELETED> Section 10707 is amended by--</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (3) striking subsection (d)(3) and redesignating
subsection (d)(4) as (d)(3); and</DELETED>
<DELETED> (4) striking ``or section 10761'' in subsection
(d)(3), as redesignated.</DELETED>
<DELETED>SEC. 315. ZONE OF RAIL CARRIER RATE FLEXIBILITY.</DELETED>
<DELETED> Section 10707a is amended by--</DELETED>
<DELETED> (1) striking ``Commencing with the fourth quarter
of 1980, the'' in subsection (a)(2)(B) and inserting
``The'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (3) inserting a period after ``involved'' in
paragraph (1) of subsection (b) and striking the remainder of
the paragraph;</DELETED>
<DELETED> (4) striking ``may not'' in subsection (b)(3) and
inserting ``is not authorized to'';</DELETED>
<DELETED> (5) striking ``(A)'' and ``or (B) inflation based
rate increases under section 10712 of this title applicable to
that rate'' in subsection (b)(3);</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(c) In determining whether a rate is reasonable, the
Transportation Board shall consider, among other factors, evidence of
the following:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (7) by striking subsection (d), as redesignated,
and inserting the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>This subparagraph shall not be construed to change existing
law with regard to the nonreviewability of such
determination.''.</DELETED>
<DELETED>SEC. 316. INVESTIGATION AND SUSPENSION OF NEW PIPELINE CARRIER
RATES, ETC.</DELETED>
<DELETED> Section 10708 is amended by--</DELETED>
<DELETED> (1) striking subsection (a)(1) and inserting the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (2) striking ``an express, sleeping car, or'' in
the third sentence of subsection (b) and inserting ``a'';
and</DELETED>
<DELETED> (3) striking subsections (d) through
(g).</DELETED>
<DELETED>SEC. 317. DETERMINATION OF MARKET DOMINANCE.</DELETED>
<DELETED> Section 10709 is amended by--</DELETED>
<DELETED> (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.''</DELETED>
<DELETED> (2) striking ``subchapter I of'' in the first
sentence of subsection (b); and</DELETED>
<DELETED> (3) striking subsection (d) and inserting the
following:</DELETED>
<DELETED> ``(d) Determinations of Rate Challenges.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> ``(A) such rail carrier has or does not
have market dominance over such transportation,
or</DELETED>
<DELETED> ``(B) the proposed rate exceeds or does
not exceed a reasonable maximum.''.</DELETED>
<DELETED>SEC. 318. CONTRACTS.</DELETED>
<DELETED> Section 10713 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I of'' in the first
sentence of subsection (a);</DELETED>
<DELETED> (2) striking subsection (b)(1) and inserting the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (3) striking ``in tariff format'' in subparagraphs
(A) and (C) of subsection (b)(2);</DELETED>
<DELETED> (4) striking subsection (b)(2)(D);</DELETED>
<DELETED> (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,'';</DELETED>
<DELETED> (6) strike ``only'' in (d)(2)(A)(i);</DELETED>
<DELETED> (7) striking ``the case of a contract for the
transportation of agricultural commodities (including forest
products and paper), in'' in subsection (d)(2)(B);</DELETED>
<DELETED> (8) inserting ``of agricultural commodities''
after ``filed by a shipper'' in subsection (d)(2)(B);</DELETED>
<DELETED> (9) striking the last sentence of subsection
(d)(2)(B);</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (11) striking subsections (l) and (m);
and</DELETED>
<DELETED> (12) striking ``(including forest products but not
including wood pulp, wood chips, pulpwood or paper)'' in
subsection (i)(1).</DELETED>
<DELETED>SEC. 319. RATES AND LIABILITY BASED ON VALUE.</DELETED>
<DELETED> Section 10730 is amended by--</DELETED>
<DELETED> (1) striking subsections (a) and (b);</DELETED>
<DELETED> (2) striking ``(c)'';</DELETED>
<DELETED> (3) striking ``rail carrier'' and inserting
``carrier''; and</DELETED>
<DELETED> (4) striking ``subchapter I of''.</DELETED>
<DELETED>SEC. 320. PROHIBITIONS AGAINST DISCRIMINATION BY COMMON
CARRIERS.</DELETED>
<DELETED>Section 10741 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I of'' in subsection
(a);</DELETED>
<DELETED> (2) striking subsection (c) and inserting the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (3) striking ``subchapter I of'' in subsection
(e);</DELETED>
<DELETED> (4) striking subsection (f)(1) and inserting the
following: ``(1) contracts under section 10713 of this
title;'';</DELETED>
<DELETED> (5) striking paragraphs (2), (3), and (5) of
subsection (f) and redesignating paragraph (4) as paragraph
(2); and</DELETED>
<DELETED> (6) striking ``paragraphs (2), (3), and (4)'' in
subsection (f) and inserting ``paragraph (2)''.</DELETED>
<DELETED>SEC. 321. FACILITIES FOR INTERCHANGE OF TRAFFIC.</DELETED>
<DELETED> Section 10742 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I or III of'' and
``passengers and''; and</DELETED>
<DELETED> (2) striking ``either of those subchapters.'' and
inserting ``Part A or B of this subtitle.''.</DELETED>
<DELETED>SEC. 322. LIABILITY FOR PAYMENT OF RATES.</DELETED>
<DELETED> Section 10744 is amended by--</DELETED>
<DELETED> (1) striking ``, motor, or water common'' in the
first sentence of subsection (a)(1);</DELETED>
<DELETED> (2) striking ``or express'' in the first sentence
of subsection (b);</DELETED>
<DELETED> (3) striking ``subtitle'' in the first sentence of
subsections (a)(1) and (b) and inserting ``part'';</DELETED>
<DELETED> (4) striking paragraph (2) of subsection (c) and
renumbering paragraph (3) as paragraph (2); and</DELETED>
<DELETED> (5) striking ``or express'' in subsection (c)(2),
as redesignated.</DELETED>
<DELETED>SEC. 323. CONTINUOUS CARRIAGE OF FREIGHT.</DELETED>
<DELETED> Section 10745 is amended by striking ``subchapter I
of''.</DELETED>
<DELETED>SEC. 324. TRANSPORTATION SERVICES OR FACILITIES FURNISHED BY
SHIPPER.</DELETED>
<DELETED> Section 10747 is amended by--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) striking ``on its own initiative or'' in the
last sentence.</DELETED>
<DELETED>SEC. 325. DEMURRAGE CHARGES.</DELETED>
<DELETED> Section 10750 is amended by striking ``subchapter I
of''.</DELETED>
<DELETED>SEC. 326. TRANSPORTATION PROHIBITED WITHOUT TARIFF.</DELETED>
<DELETED> Section 10761 is amended to read as follows:</DELETED>
<DELETED>``Sec. 10761. Transportation prohibited without
tariff.</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED>SEC. 326. GENERAL ELIMINATION OF TARIFF FILING
REQUIREMENTS.</DELETED>
<DELETED> Section 10762 is amended to read as follows:</DELETED>
<DELETED>``Sec. 10762. General elimination of tariff filing
requirements.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the places between which property will be
transported;</DELETED>
<DELETED> ``(B) privileges given and facilities allowed;
and</DELETED>
<DELETED> ``(C) any rules that change, affect, or determine
any part of the published rate.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 327. DESIGNATION OF CERTAIN ROUTES.</DELETED>
<DELETED> Section 10763 is amended by striking ``subchapter I of''
in subsection (a)(1).</DELETED>
<DELETED>SEC. 328. AUTHORIZING CONSTRUCTION AND OPERATION OF RAILROAD
LINES.</DELETED>
<DELETED> Section 10901 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I of'' in subsection
(a); and</DELETED>
<DELETED> (2) adding at the end the following new
subsection:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 329. AUTHORIZING ACTION TO PROVIDE FACILITIES.</DELETED>
<DELETED> Section 10902 is amended by striking ``subchapter I of''
in the first sentence.</DELETED>
<DELETED>SEC. 330. AUTHORIZING ABANDONMENT AND
DISCONTINUANCE.</DELETED>
<DELETED> Section 10903 is amended by striking ``subchapter I of''
in subsection (a).</DELETED>
<DELETED>SEC. 331. FILING AND PROCEDURE FOR APPLICATIONS TO ABANDON OR
DISCONTINUE.</DELETED>
<DELETED> Section 10904 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I of'' in subsection
(a)(2);</DELETED>
<DELETED> (2) striking subsection (d)(2);</DELETED>
<DELETED> (3) striking ``(1)'' in subsection (d);
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 332. EXCEPTIONS.</DELETED>
<DELETED> Section 10907 is amended by striking ``subchapter I of''
in subsection (a).</DELETED>
<DELETED>SEC. 333. RAILROAD DEVELOPMENT.</DELETED>
<DELETED> Section 10910 is amended by--</DELETED>
<DELETED> (1) striking paragraph (2) of subsection (a) and
inserting the following:</DELETED>
<DELETED> ``(2) `railroad line' means any line of
railroad.'';</DELETED>
<DELETED> (2) striking ``the effective date of the Staggers
Rail Act of 1980'' in subsection (g)(2), and inserting
``October 1, 1980,''; and</DELETED>
<DELETED> (3) striking subsection (k) and inserting the
following:</DELETED>
<DELETED> ``(k) The Transportation Board shall maintain such
regulations and procedures as may be necessary to carry out the
provisions of this section.''.</DELETED>
<DELETED>SEC. 334. PROVIDING TRANSPORTATION, SERVICE, AND
RATES.</DELETED>
<DELETED> Section 11101 is amended to read as follows:</DELETED>
<DELETED>``Sec. 11101. Providing transportation, service, and
rates</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Common carrier rates and service terms provided
pursuant to subsection (b) of this section shall be subject to the
provisions of this title.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 335. USE OF TERMINAL FACILITIES.</DELETED>
<DELETED> Section 11103 is amended by striking ``subchapter I of''
in subsection (a).</DELETED>
<DELETED>SEC. 336. SWITCH CONNECTIONS AND TRACKS.</DELETED>
<DELETED> Section 11104 is amended by striking ``subchapter I of''
in subsection (a).</DELETED>
<DELETED>SEC. 337. CRITERIA.</DELETED>
<DELETED> Section 11121 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I of'' in subsection
(a)(1);</DELETED>
<DELETED> (2) striking subsection (a)(2) and inserting the
following:</DELETED>
<DELETED> ``(2) The Transportation Board may require a rail
carrier to file its car service rules with the Transportation
Board.'';</DELETED>
<DELETED> (3) striking ``, 11127,'' in subsection (b);
and</DELETED>
<DELETED> (4) adding at the end the following:</DELETED>
<DELETED> ``(c) The Transportation Board shall consult, as it deems
necessary, with the National Grain Car Council on matters within the
charter of that body.''.</DELETED>
<DELETED>SEC. 338. REROUTING TRAFFIC ON FAILURE OF RAIL CARRIER TO
SERVE PUBLIC.</DELETED>
<DELETED> Section 11124 is amended by striking ``subchapter I of''
in subsection (a).</DELETED>
<DELETED>SEC. 339. DIRECTED RAIL TRANSPORTATION.</DELETED>
<DELETED> Section 11125 is amended by striking ``subchapter I of''
in subsection (a).</DELETED>
<DELETED>SEC. 340. WAR EMERGENCIES; EMBARGOES.</DELETED>
<DELETED> Section 11128 is amended by--</DELETED>
<DELETED> (1) striking ``sections 11123(a)(4) and 11127(a)(1)(C)''
and inserting ``section 11123(a)'' in subsection (a)(1); and</DELETED>
<DELETED> (2) striking ``subchapter I of'' in subsection
(a)(2).</DELETED>
<DELETED>SEC. 341. DEFINITIONS FOR SUBCHAPTER III.</DELETED>
<DELETED> Section 11141 is amended to read as follows:</DELETED>
<DELETED>``Sec. 11141. Definitions</DELETED>
<DELETED> ``In this subchapter--</DELETED>
<DELETED> ``(1) `carrier' and `lessor' include a receiver or
trustee of a carrier and lessor respectively.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 342. DEPRECIATION CHARGES.</DELETED>
<DELETED> Section 11143 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I or III of'';
and</DELETED>
<DELETED> (2) striking ``and may, for a class of carriers
providing transportation subject to its jurisdiction under
subchapter II of that chapter,''.</DELETED>
<DELETED>SEC. 343. RECORDS, ETC.</DELETED>
<DELETED> Section 11144 is amended by--</DELETED>
<DELETED> (1) striking ``, brokers,'' in subsection
(a)(1);</DELETED>
<DELETED> (2) striking ``or express'' and ``subchapter I
of'' in subsection (a)(2);</DELETED>
<DELETED> (3) striking ``, broker,'' in subsection
(b)(1);</DELETED>
<DELETED> (4) striking ``broker,'' in subsection
(b)(2)(A);</DELETED>
<DELETED> (5) striking ``or express'' in subsection
(b)(2)(C);</DELETED>
<DELETED> (6) redesignating subsection (d) as subsection
(c); and</DELETED>
<DELETED> (7) striking ``brokers,'' in subsection (c), as
redesignated.</DELETED>
<DELETED>SEC. 344. REPORTS BY CARRIERS, LESSORS, AND
ASSOCIATIONS.</DELETED>
<DELETED> Section 11145 is amended by--</DELETED>
<DELETED> (1) striking ``brokers,'' in subsection
(a)(1);</DELETED>
<DELETED> (2) striking ``or express,'' in subsection
(a)(2);</DELETED>
<DELETED> (3) striking ``broker,'' in the first sentence of
subsection (b)(1);</DELETED>
<DELETED> (4) striking the second sentence of subsection
(b)(1); and</DELETED>
<DELETED> (5) striking subsection (c).</DELETED>
<DELETED>SEC. 345. ACCOUNTING AND COST REPORTING.</DELETED>
<DELETED> Section 11166 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I of'' in the first
sentence of subsection (a);</DELETED>
<DELETED> (2) striking the third sentence of subsection (a);
and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 346. EQUIPMENT TRUSTS.</DELETED>
<DELETED> Section 11303 is amended by adding at the end thereof the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) is duly constituted under the laws of a
country other than the United States; and</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED>shall be recognized with the same effect as having been filed
under this section.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 347. RESTRICTIONS ON OFFICERS AND DIRECTORS.</DELETED>
<DELETED> Section 11322 is amended by--</DELETED>
<DELETED> (1) redesignating subsections (a) and (b) as
subsections (b) and (c), respectively;</DELETED>
<DELETED> (2) inserting before subsection (b), as
redesignated, the following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (3) striking ``as defined in section 11301(a)(1)
of this title'' in subsection (b) as redesignated;
and</DELETED>
<DELETED> (4) striking ``subsection (a)'' and inserting
``subsection (b)'' in subsection (c), as
redesignated.</DELETED>
<DELETED>SEC. 348. LIMITATION ON POOLING AND DIVISION OF TRANSPORTATION
OR EARNINGS.</DELETED>
<DELETED> Section 11342 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I, II, or III of'' in
the first sentence of subsection (a);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) striking subsections (b) and (d) and
redesignating subsections (c) and (e) as subsections (b) and
(c), respectively.</DELETED>
<DELETED>SEC. 349. CONSOLIDATION, MERGER, AND ACQUISITION OF
CONTROL.</DELETED>
<DELETED> Section 11343 is amended by--</DELETED>
<DELETED> (1) inserting ``(except a pipeline carrier)''
after ``involving carriers'' in subsection (a);</DELETED>
<DELETED> (2) striking ``subchapter I (except a pipeline
carrier), II, or III of'' in subsection (a);</DELETED>
<DELETED> (3) striking paragraph (1) of subsection (d) and
striking ``(2)'' in paragraph (2); and</DELETED>
<DELETED> (4) striking subsection (e).</DELETED>
<DELETED>SEC. 350. GENERAL PROCEDURE AND CONDITIONS OF APPROVAL FOR
CONSOLIDATION, ETC.</DELETED>
<DELETED> Section 11344 is amended by--</DELETED>
<DELETED> (1) striking the third sentence in subsection
(a);</DELETED>
<DELETED> (2) striking ``subchapter I of that chapter'' in
the last sentence of subsection (a) and inserting ``chapter
105'';</DELETED>
<DELETED> (3) striking paragraph (2) of subsection (b) and
striking ``(1)'' in the first paragraph of subsection
(b);</DELETED>
<DELETED> (4) striking the fourth sentence of subsection
(c);</DELETED>
<DELETED> (5) striking ``When a rail carrier is involved in
the transaction, the'' in the last sentence of subsection (c)
and inserting ``The'';</DELETED>
<DELETED> (6) striking the last two sentences of subsection
(d); and</DELETED>
<DELETED> (7) striking subsection (e).</DELETED>
<DELETED>SEC. 351. RAIL CARRIER PROCEDURE FOR CONSOLIDATION,
ETC.</DELETED>
<DELETED> Section 11345 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I of'' in the first
sentence of subsection (a);</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (3) striking the last two sentences of subsection
(c)(1);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (5) striking the last two sentences of subsection
(d)(1).</DELETED>
<DELETED>SEC. 352. EMPLOYEE PROTECTIVE ARRANGEMENTS.</DELETED>
<DELETED> Section 11347 is amended by striking ``or section 11346''
in the first sentence.</DELETED>
<DELETED>SEC. 353. AUTHORITY OVER NONCARRIER ACQUIRERS.</DELETED>
<DELETED> Section 11348 is amended by--</DELETED>
<DELETED> (1) striking ``(a)'' in subsection (a);</DELETED>
<DELETED> (2) striking subsection (b); and</DELETED>
<DELETED> (3) striking all after the colon and inserting
``sections 504(f) and 10764, subchapter III of chapter 111, and
sections 11901(e) and 11909.''.</DELETED>
<DELETED>SEC. 354. AUTHORITY OVER INTRASTATE TRANSPORTATION.</DELETED>
<DELETED> Section 11501 is amended by--</DELETED>
<DELETED> (1) striking subsections (a), (e), (g) and (h) and
redesignating subsections (b), (c), (d), and (f) as subsections
(a), (b), (c) and (d), respectively;</DELETED>
<DELETED> (2) striking paragraphs (2) through (6) of
subsection (a), as redesignated;</DELETED>
<DELETED> (3) striking ``(1)'' and ``subchapter I of'' in
subsection (a), as redesignated;</DELETED>
<DELETED> (4) striking ``subchapter I of'' in subsection
(b), as redesignated;</DELETED>
<DELETED> (5) striking ``subchapter I of'' in subsection
(c)(1), as redesignated;</DELETED>
<DELETED> (6) striking ``subsection (a) of this section
and'' in subsection (c)(2), as redesignated; and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 355. TAX DISCRIMINATION AGAINST RAIL TRANSPORTATION
PROPERTY.</DELETED>
<DELETED> Section 11503 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I of'' in subsection
(a)(3); and</DELETED>
<DELETED> (2) striking ``subchapter I of'' in subsection
(b)(4).</DELETED>
<DELETED>SEC. 356. WITHHOLDING STATE AND LOCAL INCOME TAX BY CERTAIN
CARRIERS.</DELETED>
<DELETED> Section 11504 is amended by--</DELETED>
<DELETED> (1) striking ``subchapter I of'' in subsection
(a);</DELETED>
<DELETED> (2) striking subsections (b) and (c) and
redesignating subsection (d) as subsection (b); and</DELETED>
<DELETED> (3) striking ``, motor, and motor private'' and
``subsection (a) or (b) of'' in subsection (b), as
redesignated.</DELETED>
<DELETED>SEC. 357. GENERAL AUTHORITY FOR ENFORCEMENT, INVESTIGATIONS,
ETC.</DELETED>
<DELETED> Section 11701 is amended by--</DELETED>
<DELETED> (1) striking ``, broker or freight forwarder'' in
the second and fourth sentences of subsection (a);</DELETED>
<DELETED> (2) striking the third sentence of subsection
(a);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) striking ``subchapter I of'' in the last
sentence of subsection (b).</DELETED>
<DELETED>SEC. 358. ENFORCEMENT.</DELETED>
<DELETED> Section 11702 is amended by--</DELETED>
<DELETED> (1) striking ``(a)'' in subsection (a);</DELETED>
<DELETED> (2) striking paragraphs (4) through (6) of
subsection (a);</DELETED>
<DELETED> (3) striking ``or 10933'' in paragraph
(1);</DELETED>
<DELETED> (4) striking paragraph (2) and inserting the
following:</DELETED>
<DELETED> ``(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''</DELETED>
<DELETED> (5) striking ``subchapter I of'' in paragraph
(3);</DELETED>
<DELETED> (6) striking the semicolon at the end of paragraph
(3) and inserting a period; and</DELETED>
<DELETED> (7) striking subsection (b).</DELETED>
<DELETED>SEC. 359. ATTORNEY GENERAL ENFORCEMENT.</DELETED>
<DELETED> Section 11703 is amended by striking ``or permit''
wherever it appears in subsection (a).</DELETED>
<DELETED>SEC. 360. RIGHTS AND REMEDIES.</DELETED>
<DELETED> Section 11705 is amended by--</DELETED>
<DELETED> (1) striking ``or a freight forwarder'' in
subsection (a);</DELETED>
<DELETED> (2) striking subsection (b)(1) and inserting the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (3) striking ``subparagraph I or III of'' in
subsection ((b)(2);</DELETED>
<DELETED> (4) striking subsection (b)(3);</DELETED>
<DELETED> (5) striking ``subchapter I or III of'' in the
first sentence of subsection (c)(1);</DELETED>
<DELETED> (6) striking the second sentence of subsection
(c)(1);</DELETED>
<DELETED> (7) striking ``subchapter I or III of'' in the
second sentence of subsection (c)(2);</DELETED>
<DELETED> (8) striking ``subchapter I or III of'' in the
first sentence of subsection (d)(1); and</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 361. LIMITATION ON ACTIONS.</DELETED>
<DELETED> Section 11706 is amended by--</DELETED>
<DELETED> (1) striking subsection (a) and inserting the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (3) striking ``subchapter I or III of'' in the
last sentence of subsection (b);</DELETED>
<DELETED> (4) striking ``(1)'' in subsection (c);</DELETED>
<DELETED> (5) striking paragraph (2) of subsection (c);
and</DELETED>
<DELETED> (6) striking ``(c)(1)'' in the second sentence of
subsection (d) and inserting ``(c)''.</DELETED>
<DELETED>SEC. 362. LIABILITY OF COMMON CARRIERS UNDER RECEIPTS AND
BILLS OF LADING.</DELETED>
<DELETED> (a) Section 11707 is amended by--</DELETED>
<DELETED> (1) striking ``(a)(1)'' in subsection (a) and
inserting ``(a)'';</DELETED>
<DELETED> (2) striking paragraph (2) of subsection
(a);</DELETED>
<DELETED> (3) striking ``subchapter I, II, or IV of'' and
``and a freight forwarder'' in the first sentence of subsection
(a), as amended;</DELETED>
<DELETED> (4) striking ``or freight forwarder'' in the
second sentence of subsection (a), as amended;</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (6) striking ``, except in the case of a freight
forwarder,'' in the third sentence of subsection (a), as
amended;</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (8) striking ``or freight forwarder'' in the
fourth sentence of subsection (a);</DELETED>
<DELETED> (9) striking ``and freight forwarder'' in
subsection (c)(1), and striking ``filed with the
Commission'';</DELETED>
<DELETED> (10) striking paragraph (3) of subsection (c) and
redesignating paragraph (4) as paragraph (3);</DELETED>
<DELETED> (11) striking ``or freight forwarder'' wherever it
appears in subsection (e); and</DELETED>
<DELETED> (12) striking ``or freight forwarder's'' in
subsection (e)(2).</DELETED>
<DELETED> (b) The index for chapter 117 is amended by striking out
the item relating to section 11707 and inserting in lieu thereof the
following:</DELETED>
<DELETED> ``Sec. 11707. Liability of Carriers under
receipts and bills of lading.''.</DELETED>
<DELETED>SEC. 363. LIABILITY WHEN PROPERTY IS DELIVERED IN VIOLATION OF
ROUTING INSTRUCTIONS.</DELETED>
<DELETED> Section 11710 is amended by striking ``subchapter I of''
in subsection (a)(1).</DELETED>
<DELETED>SEC. 364. GENERAL CIVIL PENALTIES.</DELETED>
<DELETED> Section 11901 is amended by:</DELETED>
<DELETED> (1) striking ``subchapter I of'' in subsection (a)
and subsection (b);</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (3) striking ``11127'' in subsection (d), as
redesignated;</DELETED>
<DELETED> (4) striking ``(1)'' in subsection (d), as
redesignated, and striking paragraph (2) of that
subsection;</DELETED>
<DELETED> (5) striking ``subchapter I of'' each place it
appears in subsection (e), as redesignated;</DELETED>
<DELETED> (6) striking ``(1)'' in subsection (f), as
redesignated, and striking paragraph (2) of that subsection;
and</DELETED>
<DELETED> (7) striking ``subsections (a)-(f) of'' in subsection (f),
as redesignated.</DELETED>
<DELETED>SEC. 365. CIVIL PENALTY FOR ACCEPTING REBATES FROM COMMON
CARRIER.</DELETED>
<DELETED> Section 11902 is amended by striking ``contained in a
tariff filed with the Commission under subchapter IV of chapter 107 of
this title''.</DELETED>
<DELETED>SEC. 366. RATE, DISCRIMINATION, AND TARIFF
VIOLATIONS.</DELETED>
<DELETED> Section 11903 is amended by striking ``under chapter 107
of this title'' in subsection (a).</DELETED>
<DELETED>SEC. 367. ADDITIONAL RATE AND DISCRIMINATION
VIOLATIONS.</DELETED>
<DELETED> Section 11904 is amended by--</DELETED>
<DELETED> (1) striking subsections (b) through
(d);</DELETED>
<DELETED> (2) striking ``(a)(1)'' in subsection (a) and
inserting ``(a)'';</DELETED>
<DELETED> (3) redesignating paragraphs (2) and (3) of
subsection (a) as subsections (b) and (c),
respectively;</DELETED>
<DELETED> (4) striking ``(A)'' and ``(B)'' in subsection
(b), as redesignated, and inserting ``(1)'' and ``(2)'',
respectively;</DELETED>
<DELETED> (5) striking ``subchapter I of'' in subsections
(b) and (c), as redesignated; and</DELETED>
<DELETED> (6) striking `under chapter 107 of this title'' in
subsection (b), as redesignated.</DELETED>
<DELETED>SEC. 368. INTERFERENCE WITH RAILROAD CAR SUPPLY.</DELETED>
<DELETED> Section 11907 is amended by striking ``subchapter I of''
in subsections (a) and (b).</DELETED>
<DELETED>SEC. 369. RECORD KEEPING AND REPORTING VIOLATIONS.</DELETED>
<DELETED> Section 11909 is amended by--</DELETED>
<DELETED> (1) striking subsections (b) through
(d);</DELETED>
<DELETED> (2) striking ``subchapter I of'' in subsection
(a); and</DELETED>
<DELETED> (3) striking ``(a)'' in subsection (a).</DELETED>
<DELETED>SEC. 370. UNLAWFUL DISCLOSURE OF INFORMATION.</DELETED>
<DELETED> Section 11910 is amended by--</DELETED>
<DELETED> (1) striking paragraphs (2) through (4) of
subsection (a);</DELETED>
<DELETED> (2) striking ``(a)(1)'' in subsection (a) and
inserting ``(a)'';</DELETED>
<DELETED> (3) striking ``(A)'' and ``(B)'' in subsection (a)
and inserting ``(1) and ``(2)'', respectively;</DELETED>
<DELETED> (4) striking ``subchapter I of'' in subsections
(a) and (d); and</DELETED>
<DELETED> (5) striking ``or broker'' in subsection
(b).</DELETED>
<DELETED>SEC. 371. CONSOLIDATION, MERGER, AND ACQUISITION OF
CONTROL.</DELETED>
<DELETED> Section 11912 is amended by striking out
``11346,''.</DELETED>
<DELETED>SEC. 372. GENERAL CRIMINAL PENALTY.</DELETED>
<DELETED> Section 11914 is amended by--</DELETED>
<DELETED> (1) striking subsections (b) through
(d);</DELETED>
<DELETED> (2) striking ``(a)'' in subsection (a);</DELETED>
<DELETED> (3) striking ``subchapter I of'' in the first
sentence; and</DELETED>
<DELETED> (4) striking ``11321(a) or'' in the last
sentence.</DELETED>
<DELETED>SEC. 373. FINANCIAL ASSISTANCE FOR STATE PROJECTS.</DELETED>
<DELETED> Section 22101 is amended by striking ``subchapter I of''
in the first sentence of subsection (a).</DELETED>
<DELETED>SEC. 374. STATUS OF AMTRAK AND APPLICABLE LAWS.</DELETED>
<DELETED> Section 24301 is amended by striking ``subchapter I of''
in subsection (c)(2)(B) and (d).</DELETED>
<DELETED>SEC. 375. RAIL-SHIPPER TRANSPORTATION ADVISORY
COUNCIL.</DELETED>
<DELETED> (a) Establishment.--Chapter 103 is amended by adding at
the end thereof the following:</DELETED>
<DELETED>``SUBCHAPTER VI. RAIL AND SHIPPER TRANSPORTATION ADVISORY
COUNCIL</DELETED>
<DELETED>Sec. 10391. Rail and Shipper Transportation Advisory
Council.</DELETED>
<DELETED> ``(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, after
recommendation from carriers and shippers, 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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) at least 4 shall be from
organizations representative of small shippers (as
determined by the Chairman); and</DELETED>
<DELETED> ``(B) at least 4 shall be from
organizations representative of small railroads (Class
II or III).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) 3 shall be from Class I railroads;
and</DELETED>
<DELETED> ``(B) 3 shall be from large shipper
organizations (as determined by the
Chairman).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) 5 members shall be appointed for terms of 1
year, and</DELETED>
<DELETED> ``(2) 5 members shall be appointed for terms of 2
years,</DELETED>
<DELETED>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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Conforming Amendment.--The table of subchapters for
chapter 103 is amended by adding at the end thereof the
following:</DELETED>
<DELETED>``SUBCHAPTER VI. RAIL AND SHIPPER TRANSPORTATION ADVISORY
COUNCIL
<DELETED>``10391. Rail and shipper advisory council.''.
<DELETED>TITLE IV--MOTOR CARRIER, WATER CARRIER, BROKER, AND FREIGHT
FORWARDER TRANSPORTATION</DELETED>
<DELETED>Subtitle A--Addition of Part B</DELETED>
<DELETED>SEC. 401. ENACTMENT OF PART B OF SUBTITLE IV, TITLE 49, UNITED
STATES CODE.</DELETED>
<DELETED> Subtitle IV is amended by inserting after chapter 119 the
following:</DELETED>
<DELETED>``Part B--Motor Carriers, Water Carriers, Brokers, and Freight
Forwarders</DELETED>
<DELETED>``CHAPTER 131--GENERAL PROVISIONS</DELETED>
<DELETED>``Sec. 13101. Transportation policy.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(1) in regulating those modes--</DELETED>
<DELETED> ``(A) to recognize and preserve the
inherent advantage of each mode of
transportation;</DELETED>
<DELETED> ``(B) to promote safe, adequate,
economical, and efficient transportation;</DELETED>
<DELETED> ``(C) to encourage sound economic
conditions in transportation, including sound economic
conditions among carriers;</DELETED>
<DELETED> ``(D) to encourage the establishment and
maintenance of reasonable rates for transportation,
without unreasonable discrimination or unfair or
destructive competitive practices;</DELETED>
<DELETED> ``(E) to cooperate with each State and the
officials of each State on transportation matters;
and</DELETED>
<DELETED> ``(F) to encourage fair wages and working
conditions in the transportation industry;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) This part shall be administered and enforced to
carry out the policy of this section.</DELETED>
<DELETED>``Sec. 13102. Definitions.</DELETED>
<DELETED> ``In this part--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) `contract carriage' means--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) for transportation provided on or
after that date, service provided under an agreement
entered into under section 14101(b) of this
part;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(5) `foreign motor carrier' means a person
(including a motor carrier of property but excluding a motor
private carrier)--</DELETED>
<DELETED> ``(A)(i) which is domiciled in a
contiguous foreign country; or</DELETED>
<DELETED> ``(ii) which is owned or
controlled by persons of a contiguous foreign
country and is not domiciled in the United
States; and</DELETED>
<DELETED> ``(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));</DELETED>
<DELETED> ``(6) `foreign motor private carrier' means a
person (including a motor private carrier but excluding a motor
carrier of property)--</DELETED>
<DELETED> ``(A)(i) which is domiciled in a
contiguous foreign country; or</DELETED>
<DELETED> ``(ii) which is owned or
controlled by persons of a contiguous foreign
country and is not domiciled in the United
States; and</DELETED>
<DELETED> ``(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));</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) assembles and consolidates, or
provides for assembling and consolidating, shipments
and performs or provides for break-bulk and
distribution operations of the shipments;</DELETED>
<DELETED> ``(B) assumes responsibility for the
transportation from the place of receipt to the place
of destination; and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(8) `highway' means a road, highway, street, and
way in a State;</DELETED>
<DELETED> ``(9) `household goods' means--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) arranged and paid for by
another party;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(10) `household goods freight forwarder'
means a freight forwarder of one or more of the
following items: household goods, unaccompanied
baggage, or used automobiles;</DELETED>
<DELETED> ``(11) `motor carrier' means a person
providing motor vehicle transportation for
compensation;</DELETED>
<DELETED> ``(12) `motor private carrier' means a
person, other than a motor carrier, transporting
property by motor vehicle when--</DELETED>
<DELETED> ``(A) the transportation is as
provided in section 13501 of this
title;</DELETED>
<DELETED> ``(B) the person is the owner,
lessee, or bailee of the property being
transported; and</DELETED>
<DELETED> ``(C) the property is being
transported for sale, lease, rent, or bailment,
or to further a commercial
enterprise;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(15) `person', in addition to its
meaning under section 1 of title 1, includes a trustee,
receiver, assignee, or personal representative of a
person;</DELETED>
<DELETED> ``(16) `State' means a State of the United
States and the District of Columbia;</DELETED>
<DELETED> ``(17) `transportation' includes--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) services related to that
movement, including receipt, delivery,
elevation, transfer in transit, refrigeration,
icing, ventilation, storage, handling, and
interchange of passengers and
property;</DELETED>
<DELETED> ``(18) `United States' means the States of
the United States and the District of
Columbia;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(20) `water carrier' means a person
providing water transportation for
compensation.</DELETED>
<DELETED>``Sec. 13103. Remedies are cumulative.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``CHAPTER 133--ADMINISTRATIVE PROVISIONS</DELETED>
<DELETED>``Sec. 13301. Powers.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13302. Intervention.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``Sec. 13303. Service of notice in proceedings under this
part.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13304. Service of process in court
proceedings.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) A designation under this section may be changed at
any time in the same manner as originally made.</DELETED>
<DELETED>``CHAPTER 135--JURISDICTION</DELETED>
<DELETED>``SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION</DELETED>
<DELETED>``Sec. 13501. General jurisdiction.</DELETED>
<DELETED> ``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--</DELETED>
<DELETED> ``(1) between a place in--</DELETED>
<DELETED> ``(A) a State and a place in another
State;</DELETED>
<DELETED> ``(B) a State and another place in the
same State through another State;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(E) the United States and a place in a
foreign country to the extent the transportation is in
the United States; and</DELETED>
<DELETED> ``(2) in a reservation under the exclusive
jurisdiction of the United States or on a public
highway.</DELETED>
<DELETED>``Sec. 13502. Exempt transportation between Alaska and other
States.</DELETED>
<DELETED> ``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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13503. Exempt motor vehicle transportation in terminal
areas.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) is a transfer, collection, or
delivery;</DELETED>
<DELETED> ``(B) is provided by--</DELETED>
<DELETED> ``(i) a rail carrier subject to
jurisdiction under chapter 105 of this
title;</DELETED>
<DELETED> ``(ii) a water carrier subject to
jurisdiction under subchapter II of this
chapter; or</DELETED>
<DELETED> ``(iii) a freight forwarder
subject to jurisdiction under subchapter III of
this chapter; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) is a transfer, collection, or delivery;
and</DELETED>
<DELETED> ``(B) is provided by a person as an agent or under
other arrangement for--</DELETED>
<DELETED> ``(i) a rail carrier subject to
jurisdiction under chapter 105 of this title;</DELETED>
<DELETED> ``(ii) a motor carrier subject to
jurisdiction under this subchapter;</DELETED>
<DELETED> ``(iii) a water carrier subject to
jurisdiction under subchapter II of this chapter;
or</DELETED>
<DELETED> ``(iv) a freight forwarder subject to
jurisdiction under subchapter III of this
chapter.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13504. Exempt motor carrier transportation entirely in
one State.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``SUBCHAPTER II--WATER CARRIER TRANSPORTATION</DELETED>
<DELETED>``Sec. 13521. General jurisdiction.</DELETED>
<DELETED> ``The Transportation Board has jurisdiction over
transportation insofar as water carriers are concerned--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) by motor carrier that is in the
United States; and</DELETED>
<DELETED> ``(B) by water carrier that is from a
place in the United States to another place in the
United States; and</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) when the transportation is by motor
carrier, the transportation is provided in the United
States;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SUBCHAPTER III--FREIGHT FORWARDER SERVICE</DELETED>
<DELETED>``Sec. 13531. General jurisdiction.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(1) a place in a State and a place in another
State, even if part of the transportation is outside the United
States;</DELETED>
<DELETED> ``(2) a place in a State and another place in the
same State through a place outside the State; or</DELETED>
<DELETED> ``(3) a place in the United States and a place
outside the United States.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SUBCHAPTER IV--AUTHORITY TO EXEMPT</DELETED>
<DELETED>``Sec. 13541. Authority to exempt transportation or
services.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(1) is not necessary to carry out the
transportation policy of section 13101 of this title;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) The Secretary or Transportation Board, as
applicable, may specify the period of time during which an exemption
granted under this section is effective.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``CHAPTER 137--RATES AND THROUGH ROUTES</DELETED>
<DELETED>``Sec. 13701. Requirements for reasonable rates,
classifications, through routes, rules, and practices for
certain transportation.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) a movement of household goods
described in section 13102(9)(A)(i) of this title,
or</DELETED>
<DELETED> ``(ii) a joint rate for a through movement
with a water carrier in non-contiguous domestic
trade,</DELETED>
<DELETED>must be reasonable.</DELETED>
<DELETED> ``(2) Through routes and divisions of joint rates for such
transportation or service as described in paragraph (1)(i) or (ii) must
be reasonable.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13702. Tariff requirement for certain
transportation.</DELETED>
<DELETED> ``(a) A carrier subject to jurisdiction under subchapters
I or III of chapter 135 of this title may provide transportation or
service that is</DELETED>
<DELETED> ``(1) under a joint rate for a through movement in
non-contiguous domestic trade, or</DELETED>
<DELETED> ``(2) for movement of household goods described in
section 13102(9)(A)(i) of this title,</DELETED>
<DELETED>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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Carriers that publish tariffs under this subsection
shall keep them open for public inspection.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the carriers that are parties to
it;</DELETED>
<DELETED> ``(2) the places between which property will be
transported;</DELETED>
<DELETED> ``(3) terminal charges if a carrier providing
transportation or service subject to jurisdiction under
subchapter III of chapter 135 of this title;</DELETED>
<DELETED> ``(4) privileges given and facilities allowed;
and</DELETED>
<DELETED> ``(5) any rules that change, affect, or determine
any part of the published rate.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) publish new tariffs that incorporate
changes, or</DELETED>
<DELETED> ``(2) plainly indicate the proposed changes in the
tariffs then in effect and kept open for public
inspection.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13703. Certain collective activities; exemption from
antitrust laws.</DELETED>
<DELETED> ``(a) Agreements.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) through routes and joint
rates;</DELETED>
<DELETED> ``(B) rates for the transportation of
household goods described in section
13102(9)(a);</DELETED>
<DELETED> ``(C) classifications;</DELETED>
<DELETED> ``(D) mileage guides;</DELETED>
<DELETED> ``(E) rules;</DELETED>
<DELETED> ``(F) divisions;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(H) procedures for joint consideration,
initiation, or establishment of matters described in
subparagraphs (a) through(g).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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, andthe 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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(1) approving an agreement,</DELETED>
<DELETED> ``(2) denying, ending, or changing
approval,</DELETED>
<DELETED> ``(3) prescribing the conditions on which approval
is granted, or</DELETED>
<DELETED> ``(4) changing those conditions,has effect only as
related to application of the antitrust laws referred to in
subsection (a).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Limitations on Statutory Construction.--</DELETED>
<DELETED> ``(1) Undercharge claims.--Nothing in this section
shall serve as a basis for any undercharge claim.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13704. Household goods rates--estimates; guarantees of
service.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13705. Requirements for through routes among motor
carriers of passengers.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) A through route between motor carriers providing
transportation of passengers subject to jurisdiction under subchapter I
of chapter 135 must be reasonable.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13706. Liability for payment of rates.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) of the agency and absence of beneficial
title; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13707. Billing and collecting practices.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the person paying the motor carrier directly
for the transportation service according to the bill of lading,
receipt, or contract; or</DELETED>
<DELETED> ``(2) an agent of the person paying for the
transportation.</DELETED>
<DELETED>``Sec. 13708. Procedures for resolving claims involving
unfiled, negotiated transportation rates.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) with respect to the claim--</DELETED>
<DELETED> ``(A) the person was offered a
transportation rate by the carrier or freight forwarder
other than that legally on file an the time with the
Transportation Board or with the former Interstate
Commerce Commission, as required, for the
transportation service;</DELETED>
<DELETED> ``(B) the person tendered freight to the
carrier or freight forwarder in reasonable reliance
upon the offered transportation rate;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(D) such transportation rate was billed
and collected by the carrier or freight forwarder;
and</DELETED>
<DELETED> ``(E) the carrier or freight forwarder
demands additional payment of a higher rate filed in a
tariff.</DELETED>
<DELETED>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.</DELETED>
<DELETED> ``(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 .</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(g) Notification of election.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(i) 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</DELETED>
<DELETED> ``(ii) March 5, 1994.</DELETED>
<DELETED> ``(C) 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.</DELETED>
<DELETED> ``(D) 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--</DELETED>
<DELETED> ``(i) 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</DELETED>
<DELETED> ``(ii) March 5, 1994.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) if such person qualifies as a small-business
concern under the Small Business Act (15 U.S.C. 631 et
seq.),</DELETED>
<DELETED> ``(B) if such person is an organization which is
described in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such Code,
or</DELETED>
<DELETED> ``(C) 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.</DELETED>
<DELETED>``Sec. 13709. Additional motor carrier undercharge
provisions.</DELETED>
<DELETED> ``(a) 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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13710. Alternative Procedure for Resolving Undercharge
Disputes.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) whether the person tendered freight to the
carrier or freight forwarder in reasonable reliance upon the
offered transportation rate;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(4) whether the transportation rate was billed
and collected by the carrier or freight forwarder;
and</DELETED>
<DELETED> ``(5) whether the carrier or freight forwarder or
party demands additional payment of a higher rate filed in a
tariff.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13711. Government traffic.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``Sec. 13712. Food and grocery transportation.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``CHAPTER 139--REGISTRATION</DELETED>
<DELETED>``Sec. 13901. Requirement for registration.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``Sec. 13902. Registration of motor carriers.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) this part, the applicable regulations of the
Secretary and the Intermodal Surface Transportation Board, and
any safety requirements imposed by the Secretary,</DELETED>
<DELETED> ``(B) the safety fitness requirements established
by the Secretary under section 31144 of this title,
and</DELETED>
<DELETED> ``(C) the minimum financial responsibility
requirements established by the Secretary pursuant to sections
13906 and 31128 of this title.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Motor carriers of passengers.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Registration of public recipients of
governmental assistance.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the recipient meets the
requirements of subsection (a)(1);
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) the transportation is to be
provided entirely in the area in which the
public recipient provides regularly scheduled
mass transportation services.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(8) Definitions.--In this subsection, the
following definitions apply:</DELETED>
<DELETED> ``(A) Public recipient of governmental
assistance.--The term `public recipient of governmental
assistance' means--</DELETED>
<DELETED> ``(i) any State,</DELETED>
<DELETED> ``(ii) any municipality or other
political subdivision of a State,</DELETED>
<DELETED> ``(iii) any public agency or
instrumentality of one or more states and
municipalities and political subdivisions of a
State,</DELETED>
<DELETED> ``(iv) any Indian tribe,</DELETED>
<DELETED> ``(v) any corporation, board, or
other person owned or controlled by any entity
described in clause (i), (ii), (iii), or (iv),
and</DELETED>
<DELETED>which, before, on, or after the effective date
of this subsection received governmental assistance for
the purchase or operation of any bus.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Restrictions On Motor Carriers Domiciled In Or Owned
Or Controlled By Nationals Of A Contiguous Foreign Country.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) seek elimination of such practices
through consultations; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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 U.S.-Mexico border as
defined at the time of enactment of the Interstate
Commerce Commission Sunset Act of 1995; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13903. Registration of freight forwarders.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13904. Registration of motor carrier brokers.</DELETED>
<DELETED> ``(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 .</DELETED>
<DELETED> ``(b)(1) The broker may provide the transportation itself
only if the broker also has been registered to provide the
transportation under this chapter.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Regulations of the Secretary shall provide for the
protection of shippers by motor vehicle, to be observed by
brokers.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13905. Effective periods of registration.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13906. Security of motor carriers, brokers, and freight
forwarders.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13907. Household goods agents.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Such agent shall have the right to appear at such
hearing and rebut the charges contained in the complaint.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 13908. Registration and other reforms.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) factors To Be Considered.--In conducting the
rulemaking under subsection (a), the Secretary shall, at a minimum,
consider the following factors:</DELETED>
<DELETED> ``(1) Funding for State enforcement of motor
carrier safety regulations.</DELETED>
<DELETED> ``(2) Whether the existing single State
registration system is duplicative and burdensome.</DELETED>
<DELETED> ``(3) The justification and need for collecting
the statutory fee for such system under section 145-
5(c)(2)(B)(iv).</DELETED>
<DELETED> ``(4) The public safety.</DELETED>
<DELETED> ``(5) The efficient delivery of transportation
services.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) shall conclude the rulemaking under this
section;</DELETED>
<DELETED> ``(2) may implement such changes under this
section as the Secretary considers appropriate and in the
public interest; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``CHAPTER 141--OPERATIONS OF CARRIERS</DELETED>
<DELETED>``SUBCHAPTER I--GENERAL REQUIREMENTS</DELETED>
<DELETED>``Sec. 14101. Providing transportation and service.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14102. Leased motor vehicles.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) make the arrangement in writing signed by
the parties specifying its duration and the compensation to be
paid by the motor carrier;</DELETED>
<DELETED> ``(2) carry a copy of the arrangement in each
motor vehicle to which it applies during the period the
arrangement is in effect;</DELETED>
<DELETED> ``(3) inspect the motor vehicles and obtain
liability and cargo insurance on them; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14103. Loading and unloading motor vehicles.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14104. Household goods carrier operations.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) the level of performance that can be
achieved by a well-managed motor carrier transporting household
goods;</DELETED>
<DELETED> ``(B) the degree of harm to individual shippers
which could result from a violation of the
regulation;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(D) service requirements of the
carriers;</DELETED>
<DELETED> ``(E) the cost of compliance in relation to the
consumer benefits to be achieved from such compliance;
and</DELETED>
<DELETED> ``(F) the need to set the level of performance at
a level designed to encourage carriers to offer service
responsive to shipper needs.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SUBCHAPTER II--REPORTS AND RECORDS</DELETED>
<DELETED> ``Sec. 14121. Definitions.</DELETED>
<DELETED> ``In this subchapter--</DELETED>
<DELETED> ``(1) `carrier' and `broker' include a receiver or
trustee of a carrier and broker, respectively.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``Sec. 14122. Records: form; inspection;
preservation.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) The Secretary or Transportation Board, or an
employee designated by the Secretary or Transportation Board, may on
demand and display of proper credentials--</DELETED>
<DELETED> ``(1) inspect and examine the lands, buildings,
and equipment of a carrier or broker; and</DELETED>
<DELETED> ``(2) inspect and copy any record of--</DELETED>
<DELETED> ``(A) a carrier, broker, or association;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14123. Reports by carriers, brokers, and
associations.</DELETED>
<DELETED> ``(a) The Secretary--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED>(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.''.</DELETED>
<DELETED> ``(c) The Intermodal Surface Transportation Board may
require carriers to file special reports containing information needed
by the Transportation Board.</DELETED>
<DELETED>``CHAPTER 143--FINANCE<plus-minus></DELETED>
<DELETED>``Sec. 14301. Security interests in certain motor
vehicles.</DELETED>
<DELETED> ``(a) In this section--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14302. Pooling and division of transportation or
earnings.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) will be in the interest of better service to
the public or of economy of operation; and</DELETED>
<DELETED> ``(2) will not unreasonably restrain
competition.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) The Transportation Board may begin a proceeding
under this section on its own initiative or on application.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``CHAPTER 145--FEDERAL-STATE RELATIONS</DELETED>
<DELETED>``Sec. 14501. Federal authority over intrastate
transportation.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Freight Forwarders and Transportation Brokers.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Motor Carriers of Property.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Matters not covered.--Paragraph (1)--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) does not apply to the transportation
of household goods; and</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) at the request of a law
enforcement agency; or</DELETED>
<DELETED> ``(ii) without the prior consent
or authorization of the owner or operator of
the motor vehicle.</DELETED>
<DELETED> ``(3) State standard transportation practices.--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(i) uniform cargo liability
rules,</DELETED>
<DELETED> ``(ii) uniform bills of lading or
receipts for property being
transported,</DELETED>
<DELETED> ``(iii) uniform cargo credit
rules, or</DELETED>
<DELETED> ``(iv) antitrust immunity for
joint line rates or routes, classifications,
and mileage guides,</DELETED>
<DELETED>if such law, regulation, or provision meets
the requirements of subparagraph (B).</DELETED>
<DELETED> ``(B) Requirements.--A law, regulation, or
provision of a State, political subdivision, or
political authority meets the requirements of this
subparagraph if--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) the law, regulation, or
provision only applies to a carrier upon
request of such carrier.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) This subsection shall not apply with respect
to the State of Hawaii until August 22, 1997.</DELETED>
<DELETED>``Sec. 14502. Tax discrimination against motor carrier
transportation property.</DELETED>
<DELETED> ``(a) In this section--</DELETED>
<DELETED> ``(1) `assessment' means valuation for a property
tax levied by a taxing district;</DELETED>
<DELETED> ``(2) `assessment jurisdiction' means a
geographical area in a State used in determining the assessed
value of property for ad valorem taxation;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Levy or collect a tax on an assessment that
may not be made under paragraph (1) of this
subsection.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14503. Withholding State and local income tax by
certain carriers.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) In this subsection `employee' has the meaning given
such term in section 31132 of this title.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the State and subdivision of residence of
the employee (as shown on the employment records of the
carrier); and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14504. State tax.</DELETED>
<DELETED> ``A State or political subdivision thereof may not collect
or levy a tax, fee, head charge, or other charge on --</DELETED>
<DELETED> ``(1) a passenger traveling in interstate commerce
by motor carrier;</DELETED>
<DELETED> ``(2) the transportation of a passenger traveling
in interstate commerce by motor carrier;</DELETED>
<DELETED> ``(3) the sale of passenger transportation in
interstate commerce by motor carrier; or</DELETED>
<DELETED> ``(4) the gross receipts derived from such
transportation.</DELETED>
<DELETED>``Sec. 14505. Bus charter provision--subsidization by public
entities.</DELETED>
<DELETED>``CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS;
REMEDIES</DELETED>
<DELETED>``Sec. 14701. General authority.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14702. Enforcement by the regulatory
authority.</DELETED>
<DELETED> ``(a) The Secretary of Transportation or the Intermodal
Surface Transportation Board, as applicable, may bring a civil action--
</DELETED>
<DELETED> ``(1) to enforce section 14103 of this title;
or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) In a civil action under subsection (a)(2) of this
section--</DELETED>
<DELETED> ``(1) trial is in the judicial district in which
the carrier, foreign motor carrier, foreign motor private
carrier, or broker operates;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) The Transportation Board, through its own attorneys,
may bring or participate in any civil action involving motor carrier
undercharges.</DELETED>
<DELETED>``Sec. 14703. Enforcement by the Attorney General.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``Sec. 14704. Rights and remedies of persons injured by
carriers or brokers.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14705. Limitation on actions by and against
carriers.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(g) A claim related to a shipment of property accrues
under this section on delivery or tender of delivery by the
carrier.</DELETED>
<DELETED>``Sec. 14706. Liability of carriers under receipts and bills
of lading.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) A civil action under this section may be brought in
a United States district court or in a State court.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14707. Private enforcement of registration
requirement.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14708. Dispute settlement program for household goods
carriers.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(6) The carrier must not require the shipper to agree to
utilize arbitration prior to the time that a dispute arises.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) the shipper prevails in such court action;
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(1) after resolution of such dispute through
arbitration under this section; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14709. Tariff reconciliation rules for motor carriers
of property.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``Sec. 14710. Rate Discounts.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``CHAPTER 149--CIVIL AND CRIMINAL PENALTIES</DELETED>
<DELETED>``Sec. 14901. General civil penalties.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14902. Civil penalty for accepting rebates from
carrier.</DELETED>
<DELETED> ``A person--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED>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.</DELETED>
<DELETED> ``Sec. 14903. Tariff violations.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14904. Additional rate violations.</DELETED>
<DELETED> ``(a) A person, or an officer, employee, or agent of that
person, that--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED>shall be fined at least $200 for the first violation and at
least $250 for a subsequent violation.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14905. Penalties for violations of rules relating to
loading and unloading motor vehicles.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14906. Evasion of regulation of carriers and
brokers.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``Sec. 14907. Record keeping and reporting
violations.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``Sec. 14908. Unlawful disclosure of information.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) This part does not prevent a carrier or broker
providing transportation subject to jurisdiction under chapter 135 of
this title from giving information--</DELETED>
<DELETED> ``(1) in response to legal process issued under
authority of a court of the United States or a State;</DELETED>
<DELETED> ``(2) to an officer, employee, or agent of the
United States Government, a State, or a territory or possession
of the United States; or</DELETED>
<DELETED> ``(3) to another carrier or its agent to adjust
mutual traffic accounts in the ordinary course of
business.</DELETED>
<DELETED>``Sec. 14909. Disobedience to subpenas.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``Sec. 14910. General criminal penalty when specific penalty
not provided.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``Sec. 14911. Punishment of corporation for violations
committed by certain individuals.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``Sec. 14912. Weight-bumping in household goods
transportation.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 14913. Conclusiveness of rates in certain
prosecutions.</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED>Subtitle B--Motor Carrier Registration and Insurance
Requirements</DELETED>
<DELETED>SEC. 451. AMENDMENT OF SECTION 31102.</DELETED>
<DELETED> Section 31102(b)(1) is amended by--</DELETED>
<DELETED> (1) striking ``and'' at the end of subparagraph
(O);</DELETED>
<DELETED> (2) striking the period at the end of subparagraph
(P) and inserting a semicolon and ``and''; and</DELETED>
<DELETED> (3) adding at the end thereof the
following:</DELETED>
<DELETED> ``(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.''</DELETED>
<DELETED>SEC. 452. AMENDMENT OF SECTION 31138.</DELETED>
<DELETED> (a) Section 31138(c) is amended by adding at the end
thereof the following new paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Section 31138 is amended by adding at the end thereof
the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) Section 31139(e) is amended by adding at the end
thereof the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> SEC. 453. SELF--INSURANCE RULES.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) continued ability of motor carriers to qualify
as self-insurers; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 454. MOTOR CARRIER FINANCIAL RESPONSIBILITY INFORMATION
SYSTEM.</DELETED>
<DELETED> (a) Subchapter III of chapter 311 is amended by--
</DELETED>
<DELETED> (1) redesignating section 31140 as 31140a;
and</DELETED>
<DELETED> (2) inserting after section 31139 the
following:</DELETED>
<DELETED>``Sec. 31140. Motor Carrier Financial Responsibility
Information System</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Access to Register Information.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) The index for subchapter III of chapter 311 is amended
by striking the item relating to section 31140 and inserting the
following:</DELETED>
<DELETED>``31140. Motor carrier financial responsibility information
system
<DELETED>``31140a. Submission of State laws and regulations for
review''.
<DELETED>SEC. 455. SAFETY FITNESS OF OWNERS AND OPERATORS.</DELETED>
<DELETED> Section 31144 is amended by--</DELETED>
<DELETED> (1) striking ``In cooperation with the Interstate
Commerce Commission, the'' in the first sentence of subsection
(a) and inserting ``The'';</DELETED>
<DELETED> (2) by striking ``sections 10922 and 10923'' in
that sentence and inserting ``section 13902'';</DELETED>
<DELETED> (3) striking ``and the Commission'' in subsection
(a)(1)(C); and</DELETED>
<DELETED> (4) striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(b) Findings and action on registrations.--The Secretary
shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) withhold registration.''.</DELETED>
<DELETED>SEC. 456. REGISTRATION.</DELETED>
<DELETED> (a) Subchapter III of chapter 311 is amended by adding at
the end the following:</DELETED>
<DELETED> ``Sec. 31148. Registration</DELETED>
<DELETED> ``(a) Persons Required to File.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Regulations.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Compliance with Registration Requirements.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Filing Deadlines.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) A carrier shall file or have filed for it,
notice of any change in the status of its financial
responsibility requirements.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the fee for registering a motor carrier
pursuant to this section shall not exceed $300; and</DELETED>
<DELETED> ``(2) the fee for filing evidence of financial
responsibility pursuant to this section shall not exceed $10
per filing.</DELETED>
<DELETED>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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) The index for subchapter III of chapter 311 is amended
by adding at the end thereof the following:</DELETED>
<DELETED>``31148. Registration''.
<DELETED>TITLE V--AMENDMENTS TO OTHER LAWS</DELETED>
<DELETED>SEC. 501. FEDERAL ELECTION CAMPAIGN ACT OF 1971.</DELETED>
<DELETED> Section 401 of the Federal Election Campaign Act of 1971
(2 U.S.C. 451) is amended by--</DELETED>
<DELETED> (1) striking ``Interstate Commerce Commission,''
and inserting ``Intermodal Surface Transportation Board,'';
and</DELETED>
<DELETED> (2) striking ``promulgate, within ninety days
after the date of enactment of this Act,'' and inserting
``maintain''.</DELETED>
<DELETED>SEC. 502. AGRICULTURAL ADJUSTMENT ACT OF 1938.</DELETED>
<DELETED> Section 201 of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1291) is amended by--</DELETED>
<DELETED> (1) striking ``Interstate Commerce Commission''
and inserting ``Intermodal Surface Transportation Board'' each
place it appears;</DELETED>
<DELETED> (2) striking ``Commission'', wherever it appears
and inserting ``Transportation Board''; and</DELETED>
<DELETED> (3) striking ``Commission's'' in subsection (b)
and inserting ``Transportation Board's''.</DELETED>
<DELETED>SEC. 503. AGRICULTURAL MARKETING ACT OF 1946.</DELETED>
<DELETED> 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,''.</DELETED>
<DELETED>SEC. 504. ANIMAL WELFARE ACT.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 505. TITLE 11, UNITED STATES CODE.</DELETED>
<DELETED> (a) Section 1164 of title 11, United States Code, is
amended by striking ``Commission'' and inserting ``Intermodal Surface
Transportation Board''.</DELETED>
<DELETED> (b) Section 1170 of title 11, United States Code, is
amended by--</DELETED>
<DELETED> (1) striking ``Commission'' the first time it
appears in subsection (b) and inserting ``Intermodal Surface
Transportation Board''; and</DELETED>
<DELETED> (2) striking ``Commission'' wherever else it
appears and inserting ``Transportation Board''.</DELETED>
<DELETED> (c) Section 1172 of title 11, United States Code, is
amended by--</DELETED>
<DELETED> (1) striking ``Commission'' the first time it
appears in subsection (b) and inserting ``Intermodal Surface
Transportation Board''; and</DELETED>
<DELETED> (2) striking ``Commission'' wherever else it
appears and inserting ``Transportation Board''.</DELETED>
<DELETED>SEC. 506. CLAYTON ACT.</DELETED>
<DELETED> The Clayton Act (15 U.S.C. 12 et seq.) is amended by--
</DELETED>
<DELETED> (1) striking ``Interstate Commerce Commission'' in
the last sentence of section 7 (15 U.S.C. 18) and inserting
``Intermodal Surface Transportation Board'';</DELETED>
<DELETED> (2) inserting a comma and ``Transportation
Board,'' after ``such Commission'' in the last sentence of that
section;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) striking ``Interstate Commerce Commission'' in
section 16 (15 U.S.C. 26) and inserting ``Intermodal Surface
Transportation Board''.</DELETED>
<DELETED>SEC. 507. CONSUMER CREDIT PROTECTION ACT.</DELETED>
<DELETED> The Consumer Credit Protection Act (15 U.S.C. 1601 et
seq.) is amended by--</DELETED>
<DELETED> (1) striking ``Interstate Commerce Commission'' in
section 621(b)(4) (15 U.S.C. 1681s) and inserting ``Intermodal
Surface Transportation Board'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (3) striking ``Interstate Commerce Commission'' in
section 704(a)(4) (15 U.S.C. 1691c) and inserting ``Intermodal
Surface Transportation Board'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (5) striking ``Interstate Commerce Commission'' in
section 814(b)(4) (15 U.S.C. 1692l) and inserting ``Intermodal
Surface Transportation Board''; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 508. NATIONAL TRAILS SYSTEM ACT.</DELETED>
<DELETED> The National Trails System Act (16 U.S.C. 1241 et seq.) is
amended by--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (2) striking ``Commission'' in the last sentence
of section 8(d) (16 U.S.C. 1247(d)) and inserting ``Intermodal
Surface Transportation Board''; and</DELETED>
<DELETED> (3) striking ``Interstate Commerce Commission'' in
section 9(b) (16 U.S.C. 1248(d)) and inserting ``Intermodal
Surface Transportation Board''.</DELETED>
<DELETED>SEC. 509. TITLE 18, UNITED STATES CODE.</DELETED>
<DELETED> Section 6001 of title 18, United States Code, is amended
by striking ``Interstate Commerce Commission'' in subsection (1) and
inserting ``Intermodal Surface Transportation Board''.</DELETED>
<DELETED>SEC. 510. INTERNAL REVENUE CODE OF 1986.</DELETED>
<DELETED> (a) Section 3231 of the Internal Revenue Code of 1986 (26
U.S.C. 3231) is amended by--</DELETED>
<DELETED> (1) striking ``Interstate Commerce Commission'' in
subsection (a) and inserting ``Intermodal Surface
Transportation Board''; and</DELETED>
<DELETED> (2) striking subsection (g) and inserting the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b)Section 7701(a) of the Internal Revenue Code of 1986
(26 U.S.C. 7701(a)) is amended by--</DELETED>
<DELETED> (1) striking ``Federal Power Commission'' in
paragraph (33)(B) and inserting ``Federal Energy Regulatory
Commission'';</DELETED>
<DELETED> (2) striking ``Interstate Commerce Commission'' in
paragraph (33)(C)(i) and inserting ``Intermodal Surface
Transportation Board'';</DELETED>
<DELETED> (3) striking ``Interstate Commerce Commission'' in
paragraph (33)(C)(ii) with ``Federal Energy Regulatory
Commission'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (5) striking ``subchapter I of'' in paragraph
(33)(G); and</DELETED>
<DELETED> (6) striking ``subchapter I of'' in the first
sentence of paragraph (33)(H).</DELETED>
<DELETED>SEC. 511. TITLE 28, UNITED STATES CODE.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Section 2321 of title 28, United States Code, is
amended by--</DELETED>
<DELETED> (1) striking ``Commission's'' in the section
caption and inserting ``Intermodal Surface Transportation
Board's''; and</DELETED>
<DELETED> (2) striking ``Interstate Commerce Commission'' in
subsections (a) and (b) and inserting ``Intermodal Surface
Transportation Board''.</DELETED>
<DELETED> (c) Section 2323 of title 28, United States Code, is
amended by--</DELETED>
<DELETED> (1) striking ``Interstate Commerce Commission''
and inserting ``Intermodal Surface Transportation Board'';
and</DELETED>
<DELETED> (2) striking ``Commission'', wherever it appears,
and inserting ``Transportation Board''.</DELETED>
<DELETED> (d) Section 2341 of title 28, United States Code, is
amended by--</DELETED>
<DELETED> (1) striking ``Interstate Commerce Commission'' in
paragraph (3)(A);</DELETED>
<DELETED> (2) striking ``and'' in paragraph
(3)(C);</DELETED>
<DELETED> (3) striking ``Act.'' in paragraph (3)(D) and
inserting ``Act; and''; and</DELETED>
<DELETED> (4) inserting after paragraph (3)(D) the
following:</DELETED>
<DELETED> ``(E) the Transportation Board, when the
order was entered by the Intermodal Surface
Transportation Board.''.</DELETED>
<DELETED> (e) Section 2342 of title 28, United States Code, is
amended by--</DELETED>
<DELETED> (1) inserting ``or pursuant to part B of subtitle
IV of title 49, United States Code'' at the end of paragraph
(3)(A); and</DELETED>
<DELETED> (2) striking paragraph (5) and inserting the
following:</DELETED>
<DELETED> ``(5) all rules, regulations, or final orders of
the Intermodal Surface Transportation Board made reviewable by
section 2321 of this title; and''.</DELETED>
<DELETED>SEC. 512. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
ACT.</DELETED>
<DELETED> Section 401(b) of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1841(b)) is amended by--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 513. TITLE 39, UNITED STATES CODE.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Section 5203 of title 39, United States Code, is
amended by--</DELETED>
<DELETED> (1) striking subsection (f) and redesignating
subsection (g) as subsection (f); and</DELETED>
<DELETED> (2) striking ``Commission'' in subsection (f), as
redesignated, and inserting ``Intermodal Surface Transportation
Board''.</DELETED>
<DELETED> (c) Section 5207 of title 39, United States Code, is
amended by--</DELETED>
<DELETED> (1) striking ``Interstate Commerce Commission'',
in both the section caption and subsection (a), and inserting
``Intermodal Surface Transportation Board''; and</DELETED>
<DELETED> (2) striking ``Commission'' wherever it appears
and inserting ``Transportation Board''.</DELETED>
<DELETED> (d) Section 5208 of title 39, United States Code, is
amended by--</DELETED>
<DELETED> (1) striking ``Commission's'' in subsection (a)
and inserting ``Transportation Board's''; and</DELETED>
<DELETED> (2) striking ``Commission'' wherever it appears
and inserting ``Transportation Board''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``5207. Intermodal Surface
Transportation Board to fix
rates.''.
<DELETED>SEC. 514. ENERGY POLICY ACT OF 1992.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 515. RAILWAY LABOR ACT.</DELETED>
<DELETED> Section 151 of the Railway Labor Act (45 U.S.C. 151) is
amended by--</DELETED>
<DELETED> (1) striking ``any express company, sleeping-car
company, carrier by railroad, subject to'' in the first
paragraph and inserting ``any railroad subject to'';</DELETED>
<DELETED> (2) striking ``Interstate Commerce Commission'' in
the first and fifth paragraphs and inserting ``Intermodal
Surface Transportation Board''; and</DELETED>
<DELETED> (3) striking ``Commission'', wherever it appears
in the fifth paragraph and inserting ``Intermodal Surface
Transportation Board''.</DELETED>
<DELETED>SEC. 516. RAILROAD RETIREMENT ACT OF 1974.</DELETED>
<DELETED> Section 1 of the Railroad Retirement Act of 1974 (45
U.S.C. 231) is amended by--</DELETED>
<DELETED> (1) striking subsection (a)(1)(i) and
inserting:</DELETED>
<DELETED> ``(i) any carrier by railroad subject to chapter
105 of title 49, United States Code;'';</DELETED>
<DELETED> (2) striking ``Interstate Commerce Commission'' in
subsection (a)(2)(ii) and inserting ``Intermodal Surface
Transportation Board'';</DELETED>
<DELETED> (3) striking ``Board,'' in subsection (a)(2)(ii)
and inserting ``Railroad Retirement Board,''; and</DELETED>
<DELETED> (4) inserting``Intermodal Surface Transportation
Board,'' after Interstate Commerce Commission,'' in the first
sentence of subsection (o).</DELETED>
<DELETED>SEC. 517. RAILROAD UNEMPLOYMENT INSURANCE ACT.</DELETED>
<DELETED> (a) Section 1 of the Railroad Unemployment Insurance Act
(45 U.S.C. 351) is amended by--</DELETED>
<DELETED> (1) striking ``Interstate Commerce Commission'' in
the second sentence of paragraph (a) and inserting ``Intermodal
Surface Transportation Board'';</DELETED>
<DELETED> (2) striking ``Board,'' in the second sentence of
paragraph (a) and inserting ``Railroad Retirement Board,'';
and</DELETED>
<DELETED> (3) striking paragraph (b) and inserting the
following:</DELETED>
<DELETED> ``(b) The term `carrier' means a carrier by railroad
subject to chapter 105 of title 49, United States Code.''.</DELETED>
<DELETED> (b) Section 2(h)(3) of the Railroad Unemployment Insurance
Act (45 U.S.C. 352(h)(3)) is amended by--</DELETED>
<DELETED> (1) striking ``Interstate Commerce Commission''
and inserting ``Intermodal Surface Transportation Board'';
and</DELETED>
<DELETED> (2) striking ``Board,'' and inserting ``Railroad
Retirement Board,''.</DELETED>
<DELETED>SEC. 518. EMERGENCY RAIL SERVICES ACT OF 1970.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 519. REGIONAL RAIL REORGANIZATION ACT OF 1973.</DELETED>
<DELETED> (a) Section 304 of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 744) is amended by--</DELETED>
<DELETED> (1) striking ``Commission'' in subsection
(d)(1)(A) and inserting ``Intermodal Surface Transportation
Board''; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Section 305 of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 745) is amended by--</DELETED>
<DELETED> (1) striking ``or the Association'' and ``or the
Association, as the case may be,'' in the first sentence of
subsection (a);</DELETED>
<DELETED> (2) striking the second sentence of subsection
(a);</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (5) striking ``Association'' wherever it appears
in subsection (b) and inserting ``Secretary'';</DELETED>
<DELETED> (6) striking ``Commission'', in the subsection
caption and first sentence of subsection (c) and inserting
``Intermodal Surface Transportation Board'';</DELETED>
<DELETED> (7) striking ``Commission'' wherever else it
appears in subsection (c) and inserting ``Transportation
Board'';</DELETED>
<DELETED> (8) striking ``Association'' wherever it appears
in the first sentence of subsection (d)(1) and inserting
``Secretary'';</DELETED>
<DELETED> (9) striking ``Commission's'' in the first and
last sentences of subsection (d)(1) and inserting
``Transportation Board's'';</DELETED>
<DELETED> (10) striking the second sentence of subsection
(d)(1);</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (12) striking ``either the Association or'' in
subsection (d)(3);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (14) striking ``Association'' wherever it appears
in subsection (e) and inserting ``Secretary''.</DELETED>
<DELETED>SEC. 520. ALASKA RAILROAD TRANSFER ACT OF 1982.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 521. MERCHANT MARINE ACT, 1920.</DELETED>
<DELETED> (a) Section 8 of Merchant Marine Act, 1920 (46 U.S.C. App.
867) is amended by--</DELETED>
<DELETED> (1) striking ``Interstate Commerce Commission'' in
both places that it appears and inserting ``Intermodal Surface
Transportation Board''; and</DELETED>
<DELETED> (2) striking ``commission'' and inserting
``board''.</DELETED>
<DELETED> (b) Section 28 of the Merchant Marine Act, 1920 (46 U.S.C.
App. 884) is amended by--</DELETED>
<DELETED> (1) striking ``Interstate Commerce Commission''
where it first appears and inserting ``Intermodal Surface
Transportation Board''; and</DELETED>
<DELETED> (2) striking ``Interstate Commerce Commission''
wherever else it appears and inserting ``Transportation
Board''.</DELETED>
<DELETED>SEC. 522. SERVICE CONTRACT ACT OF 1965.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 523. FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT OF
1994.</DELETED>
<DELETED> Section 601(d) of the Federal Aviation Administration
Authorization Act of 1994 (Pub. L. 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.''.</DELETED>
<DELETED>TITLE VI--AUTHORIZATION</DELETED>
<DELETED>SEC. 601. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> For the purpose of carrying out the provisions of this
Act, there are authorized to be appropriated--</DELETED>
<DELETED> (1) for the closedown of the Interstate Commerce
Commission and severance costs for Interstate Commerce
Commission personnel, $6,493,400;</DELETED>
<DELETED> (2) for the operations of the Interstate Commerce
Commission for the remainder of fiscal year 1995 and fiscal
year 1996, $8,395,000; and</DELETED>
<DELETED> (3) for the operations of the Intermodal Surface
Transportation Board, $12,000,000 for each of the fiscal years
1996, 1997, and 1998.</DELETED>
<DELETED>TITLE VII--EFFECTIVE DATE</DELETED>
<DELETED>SEC. 701. EFFECTIVE DATE.</DELETED>
<DELETED> Except as otherwise expressly provided, this Act and the
amendments made by this Act shall take effect on January 1,
1996.</DELETED>
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................. 245
Sec. 2. Amendment of title 49.......... 245
Sec. 3. Table of sections.............. 245
Title I--Termination of the Interstate Commerce
Commission and Federal Maritime Commission; Repeal
of Obsolete and Unnecessary Provisions of Law 251
Subtitle A--Terminations 251
Sec. 101. Agency terminations.......... 251
Sec. 102. Savings provisions........... 252
Sec. 103. References to the ICC in 254
other laws.
Sec. 104. Transfer of functions........ 255
Sec. 105. References to the FMC in 256
other laws.
Subtitle B--Repeal of Obsolete, Etc., Provisions 256
Sec. 121. Repeal of provisions......... 256
Sec. 122. Coverage of certain entities 267
under other, unrelated Acts not
affected.
Title II--Intermodal Surface Transportation Board 267
Subtitle A--Organization 267
Sec. 201. Amendment to subchapter I.... 267
``Subchapter I--Establishment 268
``Sec. 10301. Establishment of 268
Transportation Board.
``Sec. 10302. Functions................ 272
``Sec. 10303. Administrative provisions 272
``Sec. 10304. Annual report............ 274
Sec. 202. Administrative support....... 275
Sec. 203. Reorganization............... 275
Sec. 204. Transition plan for Federal 275
Maritime Commission functions..
Subtitle B--Administrative 276
Sec. 211. Powers....................... 276
Sec. 212. Commission action............ 277
Sec. 213. Service of notice in 278
Commission proceedings.
Sec. 214. Service of process in court 280
proceedings.
Sec. 215. Study on the authority to 280
collect charges.
Sec. 216. Federal Highway 281
Administration rulemaking.
Title III--Rail and Pipeline Transportation 281
Sec. 301. General changes in references 281
to Commission, etc.
Sec. 302. Rail transportation policy... 283
Sec. 303. Definitions.................. 283
Sec. 304. General jurisdiction......... 284
Sec. 305. Railroad and water 285
transportation connections and
rates.
Sec. 306. Authority to exempt rail 285
carrier and motor carrier
transportation.
Sec. 307. Standards for rates, 287
classifications, etc..
Sec. 308. Standards for rates for rail 288
carriers.
Sec. 309. Authority for carriers to 289
establish rates, classifications,
etc.
Sec. 310. Authority for carriers to 290
establish through routes.
Sec. 311. Authority and criteria for 290
prescribed rates, classifications,
etc..
Sec. 312. Authority for prescribed 291
through routes, joint
classifications, etc..
Sec. 313. Antitrust exemption for rate 292
agreements.
Sec. 314. Investigation and suspension 293
of new rail rates, etc..
Sec. 315. Zone of rail carrier rate 294
flexibility.
Sec. 316. Investigation and suspension 297
of new pipeline carrier rates,
etc..
Sec. 317. Determination of market 298
dominance.
Sec. 318. Contracts.................... 300
Sec. 319. Government traffic........... 302
Sec. 320. Rates and liability based on 302
value.
Sec. 321. Prohibitions against 302
discrimination by common carriers.
Sec. 322. Facilities for interchange of 303
traffic.
Sec. 323. Liability for payment of 303
rates.
Sec. 324. Continuous carriage of 304
freight.
Sec. 325. Transportation services or 304
facilities furnished by shipper.
Sec. 326. Demurrage charges............ 305
Sec. 327. Transportation prohibited 305
without tariff.
``Sec. 10761. Transportation prohibited 305
without tariff.
Sec. 328. General elimination of tariff 306
filing requirements.
``Sec. 10762. General elimination of 306
tariff filing requirements.
Sec. 329. Designation of certain routes 308
Sec. 330. Authorizing construction and 308
operation of railroad lines.
Sec. 331. Authorizing action to provide 309
facilities.
Sec. 332. Authorizing abandonment and 309
discontinuance.
Sec. 333. Filing and procedure for 309
applications to abandon or
discontinue.
Sec. 334. Exceptions................... 310
Sec. 335. Railroad development......... 310
Sec. 336. Providing transportation, 310
service, and rates.
``Sec. 11101. Providing transportation, 311
service, and rates.
Sec. 337. Use of terminal facilities... 312
Sec. 338. Switch connections and tracks 312
Sec. 339. Criteria..................... 312
Sec. 340. Rerouting traffic on failure 313
of rail carrier to serve public.
Sec. 341. Directed rail transportation. 313
Sec. 342. War emergencies; embargoes... 313
Sec. 343. Definitions for subchapter 313
III.
``Sec. 11141. Definitions.............. 313
Sec. 344. Depreciation charges......... 314
Sec. 345. Records, etc................. 314
Sec. 346. Reports by carriers, lessors, 314
and associations.
Sec. 347. Accounting and cost reporting 315
Sec. 348. Securities, obligations, and 315
liabilities.
Sec. 349. Equipment trusts............. 316
Sec. 350. Restrictions on officers and 317
directors.
Sec. 351. Limitation on pooling and 317
division of transportation or
earnings.
Sec. 352. Consolidation, merger, and 318
acquisition of control.
Sec. 353. General procedure and 318
conditions of approval for
consolidation, etc..
Sec. 354. Rail carrier procedure for 319
consolidation, etc..
Sec. 355. Employee protective 320
arrangements.
Sec. 356. Authority over noncarrier 320
acquirers.
Sec. 357. Authority over intrastate 320
transportation.
Sec. 358. Tax discrimination against 321
rail transportation property.
Sec. 359. Withholding State and local 321
income tax by certain carriers.
Sec. 360. General authority for 321
enforcement, investigations, etc..
Sec. 361. Enforcement.................. 322
Sec. 362. Attorney General enforcement. 323
Sec. 363. Rights and remedies.......... 323
Sec. 364. Limitation on actions........ 324
Sec. 365. Liability of common carriers 325
under receipts and bills of lading.
Sec. 366. Liability when property is 326
delivered in violation of routing
instructions.
Sec. 367. General civil penalties...... 326
Sec. 368. Civil penalty for accepting 327
rebates from common carrier.
Sec. 369. Rate, discrimination, and 327
tariff violations.
Sec. 370. Additional rate and 327
discrimination violations.
Sec. 371. Interference with railroad 328
car supply.
Sec. 372. Record keeping and reporting 328
violations.
Sec. 373. Unlawful disclosure of 328
information.
Sec. 374. Consolidation, merger, and 329
acquisition of control.
Sec. 375. General criminal penalty..... 329
Sec. 376. Financial assistance for 329
State projects.
Sec. 377. Status of AMTRAK and 329
applicable laws.
Sec. 378. Rail-shipper Transportation 330
Advisory Council.
``Subchapter VI. Rail--Shipper Transportation Advisory
Council 330
``Sec. 10391. Rail--Shipper 330
Transportation Advisory Council.
Title IV--Motor Carrier, Water Carrier, Broker, and
Freight Forwarder Transportation 337
Subtitle A--Addition of part B 337
Sec. 401. Enactment of part B of 337
subtitle IV, title 49, United
States Code.
``Part B--Motor Carriers, Water Carriers, Brokers, and
Freight Forwarders 337
``Chapter 131--General Provisions 337
``Sec. 13101. Transportation policy.... 337
``Sec. 13102. Definitions.............. 340
``Sec. 13103. Remedies are cumulative.. 347
``Chapter 133--Administrative Provisions 347
``Sec. 13301. Powers................... 347
``Sec. 13302. Intervention............. 350
``Sec. 13303. Service of notice in 350
proceedings under this part.
``Sec. 13304. Service of process in 351
court proceedings.
``Chapter 135--Jurisdiction 352
``Subchapter I--Motor Carrier Transportation 352
``Sec. 13501. General jurisdiction..... 352
``Sec. 13502. Exempt transportation 353
between Alaska and other States.
``Sec. 13503. Exempt motor vehicle 353
transportation in terminal areas.
``Sec. 13504. Exempt motor carrier 355
transportation entirely in one
State.
``Subchapter II--Water Carrier Transportation 356
``Sec. 13521. General jurisdiction..... 356
``Subchapter III--Freight Forwarder Service 357
``Sec. 13531. General jurisdiction..... 357
``Subchapter IV--Authority to Exempt 358
``Sec. 13541. Authority to exempt 358
transportation or services.
``Chapter 137--Rates and Through Routes 360
``Sec. 13701. Requirements for 360
reasonable rates, classifications,
through routes, rules, and
practices for certain
transportation.
``Sec. 13702. Tariff requirement for 361
certain transportation.
``Sec. 13703. Certain collective 364
activities; exemption from
antitrust laws.
``Sec. 13704. Household goods rates-- 369
estimates; guarantees of service.
``Sec. 13705. Requirements for through 370
routes among motor carriers of
passengers.
``Sec. 13706. Liability for payment of 371
rates.
``Sec. 13707. Billing and collecting 372
practices.
``Sec. 13708. Procedures for resolving 373
claims involving unfiled,
negotiated transportation rates.
``Sec. 13709. Additional motor carrier 380
undercharge provisions.
``Sec. 13710. Alternative procedure for 382
resolving undercharge disputes.
``Sec. 13711. Government traffic....... 385
``Sec. 13712. Food and grocery 386
transportation.
``Chapter 139--Registration 386
``Sec. 13901. Requirement for 386
registration.
``Sec. 13902. Registration of motor 386
carriers.
``Sec. 13903. Registration of freight 396
forwarders.
``Sec. 13904. Registration of motor 396
carrier brokers.
``Sec. 13905. Effective periods of 397
registration.
``Sec. 13906. Security of motor 399
carriers, brokers, and freight
forwarders.
``Sec. 13907. Household goods agents... 403
``Sec. 13908. Registration and other 406
reforms.
``Chapter 141--Operations of Carriers 407
``Subchapter I--General Requirements 407
``Sec. 14101. Providing transportation 407
and service.
``Sec. 14102. Leased motor vehicles.... 408
``Sec. 14103. Loading and unloading 410
motor vehicles.
``Sec. 14104. Household goods carrier 411
operations.
``Subchapter II--Reports and Records 413
``Sec. 14121. Definitions.............. 413
``Sec. 14122. Records: form; 414
inspection; preservation.
``Sec. 14123. Reports by carriers, 414
brokers, and associations.
``Chapter 143--Finance 416
``Sec. 14301. Security interests in 416
certain motor vehicles.
``Sec. 14302. Pooling and division of 418
transportation or earnings.
``Sec. 14303. Consolidation, merger, 422
and acquisition of control of motor
carriers of passengers.
``Chapter 145--Federal-State Relations 425
``Sec. 14501. Federal authority over 425
intrastate transportation.
``Sec. 14502. Tax discrimination 429
against motor carrier
transportation property.
``Sec. 14503. Withholding State and 432
local income tax by certain
carriers.
``Sec. 14504. State tax................ 434
``Sec. 14505. Single State registration 434
system.
``Chapter 147--Enforcement; Investigations; Rights;
Remedies 438
``Sec. 14701. General authority........ 438
``Sec. 14702. Enforcement by the 440
regulatory authority.
``Sec. 14703. Enforcement by the 441
attorney general.
``Sec. 14704. Rights and remedies of 441
persons injured by carriers or
brokers.
``Sec. 14705. Limitation on actions by 444
and against carriers.
``Sec. 14706. Liability of carriers 446
under receipts and bills of lading.
``Sec. 14707. Private enforcement of 451
registration requirement.
``Sec. 14708. Dispute settlement 452
program for household goods
carriers.
``Sec. 14709. Tariff reconciliation 456
rules for motor carriers of
property.
``Chapter 149--Civil and Criminal Penalties 457
``Sec. 14901. General civil penalties.. 457
``Sec. 14902. Civil penalty for 460
accepting rebates from carrier.
``Sec. 14903. Tariff violations........ 461
``Sec. 14904. Additional rate 462
violations.
``Sec. 14905. Penalties for violations 463
of rules relating to loading and
unloading motor vehicles.
``Sec. 14906. Evasion of regulation of 464
carriers and brokers.
``Sec. 14907. Record keeping and 464
reporting violations.
``Sec. 14908. Unlawful disclosure of 465
information.
``Sec. 14909. Disobedience to subpenas. 466
``Sec. 14910. General criminal penalty 466
when specific penalty not provided.
``Sec. 14911. Punishment of corporation 467
for violations committed by certain
individuals.
``Sec. 14912. Weight-bumping in 467
household goods transportation.
``Sec. 14913. Conclusiveness of rates 468
in certain prosecutions.
Subtitle B--Motor Carrier Registration and Insurance
Requirements 468
Sec. 451. Amendment of section 31102... 468
Sec. 452. Amendment of section 31138... 469
Sec. 453. Self-insurance rules......... 470
Sec. 454. Safety fitness of owners and 470
operators.
Title V--Amendments to Other Laws 471
Sec. 501. Federal Election Campaign Act 471
of 1971.
Sec. 502. Agricultural Adjustment Act 472
of 1938.
Sec. 503. Agricultural Marketing Act of 472
1946.
Sec. 504. Animal Welfare Act........... 472
Sec. 505. Title 11, United States Code. 473
Sec. 506. Clayton Act.................. 473
Sec. 507. Consumer Credit Protection 474
Act.
Sec. 508. National Trails System Act... 475
Sec. 509. Title 18, United States Code. 476
Sec. 510. Internal Revenue Code of 1986 476
Sec. 511. Title 28, United States Code. 477
Sec. 512. Migrant and Seasonal 479
Agricultural Worker Protection Act.
Sec. 513. Title 39, United States Code. 479
Sec. 514. Energy Policy Act of 1992.... 481
Sec. 515. Railway Labor Act............ 481
Sec. 516. Railroad Retirement Act of 481
1974.
Sec. 517. Railroad Unemployment 482
Insurance Act.
Sec. 518. Emergency Rail Services Act 483
of 1970.
Sec. 519. Regional Rail Reorganization 483
Act of 1973.
Sec. 520. Railroad Revitalization and 483
Regulatory Reform Act of 1976.
Sec. 521. Alaska Railroad Transfer Act 483
of 1982.
Sec. 522. Merchant Marine Act, 1920.... 484
Sec. 523. Service Contract Act of 1965. 484
Sec. 524. Federal Aviation 485
Administration Authorization Act of
1994.
Title VI--Authorization 485
Sec. 601. Authorization of 485
appropriations.
Title VII--Effective Date 486
Sec. 701. Effective Date............... 486
TITLE I--TERMINATION OF THE INTERSTATE COMMERCE COMMISSION AND FEDERAL
MARITIME COMMISSION; REPEAL OF OBSOLETE AND UNNECESSARY PROVISIONS OF
LAW
Subtitle A--Terminations
SEC. 101. AGENCY TERMINATIONS.
(a) Interstate Commerce Commission.--Upon the transfer of functions
under this Act to the Intermodal Surface Transportation Board and to
the Secretary of Transportation, the Interstate Commerce Commission
shall terminate.
(b) Federal Maritime Commission.--Effective January 1, 1997, the
Federal Maritime 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.
SEC. 104. TRANSFER OF FUNCTIONS.
(a) To Transportation Board.--Except as otherwise provided in this
Act and the amendments made by this Act, those personnel, property, and
records employed, used, held, available, or to be made available in
connection with a function transferred to the Transportation Board by
this Act shall be transferred to the Transportation Board for use in
connection with the functions transferred, and unexpended balances of
appropriations, allocations, and other funds of the Interstate Commerce
Commission shall also be transferred to the Transportation Board.
(b) To Secretary.--Except as otherwise provided in this Act and the
amendments made by this Act, those personnel, property, and records
employed, used, held, available, or to be made available in connection
with a function transferred to the Secretary by this Act shall be
transferred to the Secretary for use in connection with the functions
transferred.
SEC. 105. REFERENCES TO THE FMC IN OTHER LAWS.
Effective January 1, 1997, reference in any other Federal law to
the Federal Maritime Commission shall be deemed to refer 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 are repealed.
(30) Section 11102 (relating to classification of carriers)
and the item relating thereto in the table of sections of
chapter 111 are repealed.
(31) Section 11105 (relating to protective services) and
the item relating thereto in the table of sections of chapter
111 are repealed.
(32) Section 11106 (relating to identification of motor
vehicles) and the item relating thereto in the table of
sections of chapter 111 are repealed.
(33) Section 11107 (relating to leased motor vehicles) and
the item relating thereto in the table of sections of chapter
111 are repealed.
(34) 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.
(35) Section 11109 (relating to loading and unloading motor
vehicles) and the item relating thereto in the table of
sections of chapter 111 are repealed.
(36) Section 11110 (relating to household goods carrier
operations) and the item relating thereto in the table of
sections of chapter 111 are repealed.
(37) 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.
(38) Section 11126 (distribution of coal cars) and the item
relating thereto in the table of sections of chapter 111 are
repealed.
(39) Section 11127 (relating to service of household
freight forwarders) and the item relating thereto in the table
of sections of chapter 111 are repealed.
(40) 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.
(41) Section 11161 (relating to railroad accounting
principles board) and the item relating thereto in the table of
sections of chapter 111 are repealed.
(42) Section 11162 (relating to cost accounting principles)
and the item relating thereto in the table of sections of
chapter 111 are repealed.
(43) Section 11163 (relating to implementation of cost
accounting principles) and the item relating thereto in the
table of sections of chapter 111 are repealed.
(44) 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.
(45) Section 11167 (relating to report) and the item
relating thereto in the table of sections of chapter 111 are
repealed.
(46) Section 11168 (relating to authorization of
appropriations) and the item relating thereto in the table of
sections of chapter 111 are repealed.
(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 11323 (relating to limitation on ownership of
other carriers by household goods freight forwarders) 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
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 ACTS 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) Members of the Transportation Board shall be
appointed by the President, by and with the advice and consent of the
Senate. The Transportation Board shall consist of 3 members until
January 1, 1997, not more than 2 of whom shall be members of the same
political party. Beginning on January 1, 1997, the Transportation Board
shall consist of 5 members, no more than 3 of whom shall be members of
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 or agriculture, and at least 1 member shall
be an individual with professional or business experience in the
private sector. Effective January 1, 1997, at least 2 members shall be
individuals with professional standing and demonstrated knowledge in
the fields of maritime transportation or its regulation.
``(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)(A) On the effective date of this section, the members of the
Interstate Commerce Commission 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.
``(B) Effective January 1, 1997, two Federal Maritime Commission
commissioners shall become members of the Board to serve terms expiring
December 31, 1997, and December 31, 2000. The two members shall be
selected in order of the expiration date of their Commission term,
beginning with the term having the latest expiration date; provided,
however, that the two members added under this subsection may not be
from the same political party. The longer Board term shall be filled by
the member having the later Federal Maritime Commission term expiration
date. Effective January 1, 1997, the rights of any Federal Maritime
Commission commissioner other than those designated under this
paragraph to remain in office is terminated.
``(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 predecessor 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 offices 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
``(a) Interstate Commerce Commission 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.
``(b) Federal Maritime Commission Functions.--On January 1, 1997,
the Transportation Board shall perform all functions that, on that
date, were functions of the Federal Maritime Commission or were
performed by any officer or employee of the Federal Maritime 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 or the Federal Maritime Commission, as the Chairman
considers necessary or appropriate.
SEC. 204. TRANSITION PLAN FOR FEDERAL MARITIME COMMISSION FUNCTIONS.
The Chairman of the Intermodal Surface Transportation Board and the
Chairman of the Federal Maritime Commission shall meet within 90 days
of enactment of this Act to develop a plan for the orderly transition
of the functions of the Federal Maritime Commission to the
Transportation Board, including appropriate funding levels for the
operations associated with the functions of the Federal Maritime
Commission transferred to the Transportation Board, and shall submit
such a plan to the Director of the Office of Management and Budget and
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure not later than 6 months after the enactment of this Act.
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. STUDY ON THE AUTHORITY TO COLLECT CHARGES.
In addition to other user fees that the Transportation Board may
impose, the Transportation Board shall complete, within 6 months after
the date of enactment of this Act, a study on the authority necessary
to assess and collect fees and annual charges in any fiscal year in
amounts equal to all of the costs incurred by the Transportation Board
in that fiscal year.
SEC. 216. FEDERAL HIGHWAY ADMINISTRATION RULEMAKING.
(a) Advance Notice.--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.
(b) Rulemaking.--The Federal Highway Administration shall issue a
notice of proposed rulemaking dealing with such issues within one year
after the advance notice described in subsection (a) is published, and
shall issue a final rule dealing with those issues within 2 years after
that date.
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 provisions....... 13301
``135. Jurisdiction.................... 13501
``137. Rates........................... 13701
``139. Registration.................... 13901
``141. Operations of carriers.......... 14101
``143. Finance......................... 14301
``145. Federal-State relations......... 14501
``147. Enforcement; investigations; 14701
rights; remedies.
``149. Civil and criminal penalties.... 14901
``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 from 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 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)(1)''; 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 the methodology adopted by the Board pursuant to
paragraph (4)(A).''.
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 subsection (d)(3) and redesignating subsection
(d)(4) as (d)(3);
(3) striking ``or section 10761'' in subsection (d)(3), as
redesignated; and
(4) striking ``the Commission shall, by rule, establish
standards and procedures permitting a rail carrier to '' in
subsection (d)(3), as redesignated, and inserting ``a rail
carrier may''.
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 Board that a rate increase exceeds the
increase authorized under this section does not establish a presumption
that (A) the rail carrier proposing such rate increase has or does not
have market dominance over the transportation to which the rate
applies, or (B) the proposed rate exceeds or does not exceed a
reasonable maximum.
``(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 ``In any
contract entered into after the effective date of the
Interstate Commerce Commission Sunset Act of 1995, 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. GOVERNMENT TRAFFIC.
The text of section 10721 is amended to read as follows:
``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. 320. 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. 321. 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. 322. 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. 323. 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. 324. CONTINUOUS CARRIAGE OF FREIGHT.
Section 10745 is amended by striking ``subchapter I of''.
SEC. 325. 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. 326. DEMURRAGE CHARGES.
Section 10750 is amended by striking ``subchapter I of''.
SEC. 327. TRANSPORTATION PROHIBITED WITHOUT TARIFF.
Section 10761 is amended to read as follows:
``Sec. 10761. Transportation of agricultural products 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, and fertilizer
and components 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. 328. 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 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, and fertilizer and components 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. Tariffs are not required for any other
commodity.
``(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 by a carrier under this section
shall identify the carriers that are parties to it.
``(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 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 under this section
if that tariff violates this section or a regulation of the
Transportation Board carrying out this section.''.
SEC. 329. DESIGNATION OF CERTAIN ROUTES.
Section 10763 is amended by striking ``subchapter I of'' in
subsection (a)(1).
SEC. 330. 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 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. 331. AUTHORIZING ACTION TO PROVIDE FACILITIES.
Section 10902 is amended by striking ``subchapter I of'' in the
first sentence.
SEC. 332. AUTHORIZING ABANDONMENT AND DISCONTINUANCE.
Section 10903 is amended by striking ``subchapter I of'' in
subsection (a).
SEC. 333. 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. 334. EXCEPTIONS.
Section 10907 is amended by striking ``subchapter I of'' in
subsection (a).
SEC. 335. 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. 336. 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, or shall be
available electronically, 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 or electronic notice is
first provided to the person that, within the previous 12 months, made
a written or electronic request for the issue rate or service. Any such
increases or changes shall be subject to provisions of this
subtitle.''.
SEC. 337. USE OF TERMINAL FACILITIES.
Section 11103 is amended by striking ``subchapter I of'' in
subsection (a).
SEC. 338. SWITCH CONNECTIONS AND TRACKS.
Section 11104 is amended by striking ``subchapter I of'' in
subsection (a).
SEC. 339. 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. 340. REROUTING TRAFFIC ON FAILURE OF RAIL CARRIER TO SERVE PUBLIC.
Section 11124 is amended by striking ``subchapter I of'' in
subsection (a).
SEC. 341. DIRECTED RAIL TRANSPORTATION.
Section 11125 is amended by striking ``subchapter I of'' in
subsection (a).
SEC. 342. 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. 343. 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. 344. 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. 345. 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. 346. 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. 347. 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. 348. SECURITIES, OBLIGATIONS, AND LIABILITIES.
Section 11301(a)(1) is amended by--
(1) striking ``or sleeping car''; and
(2) striking ``subchapter I of''.
SEC. 349. 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. 350. 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. 351. 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. 352. 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. 353. 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. 354. 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. 355. EMPLOYEE PROTECTIVE ARRANGEMENTS.
Section 11347 is amended by striking ``or section 11346'' in the
first sentence.
SEC. 356. AUTHORITY OVER NONCARRIER ACQUIRERS.
Section 11348(a) is amended by striking all after the colon and
inserting ``sections 504(f) and 10764, subchapter III of chapter 111,
and sections 11301, 11901(e), and 11909.''.
SEC. 357. 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. 358. 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. 359. 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. 360. 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. 361. 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. 362. ATTORNEY GENERAL ENFORCEMENT.
Section 11703 is amended by striking ``or permit'' wherever it
appears in subsection (a).
SEC. 363. 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. 364. 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. 365. 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. 366. LIABILITY WHEN PROPERTY IS DELIVERED IN VIOLATION OF ROUTING
INSTRUCTIONS.
Section 11710 is amended by striking ``subchapter I of'' in
subsection (a)(1).
SEC. 367. 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. 368. 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. 369. RATE, DISCRIMINATION, AND TARIFF VIOLATIONS.
Section 11903 is amended by striking ``under chapter 107 of this
title'' in subsection (a).
SEC. 370. 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. 371. INTERFERENCE WITH RAILROAD CAR SUPPLY.
Section 11907 is amended by striking ``subchapter I of'' in
subsections (a) and (b).
SEC. 372. 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. 373. 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. 374. CONSOLIDATION, MERGER, AND ACQUISITION OF CONTROL.
Section 11912 is amended by striking out ``11346,''.
SEC. 375. 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. 376. FINANCIAL ASSISTANCE FOR STATE PROJECTS.
Section 22101 is amended by striking ``subchapter I of'' in the
first sentence of subsection (a).
SEC. 377. STATUS OF AMTRAK AND APPLICABLE LAWS.
Section 24301 is amended by striking ``subchapter I of'' in
subsections (c)(2)(B) and (d).
SEC. 378. RAIL-SHIPPER TRANSPORTATION ADVISORY COUNCIL.
(a) Establishment.--Chapter 103 is amended by adding at the end
thereof the following:
``SUBCHAPTER VI. RAIL--SHIPPER TRANSPORTATION ADVISORY COUNCIL
Sec. 10391. Rail--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, after recommendation from
carriers and shippers, 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 the 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 representative of small
shippers (as determined by the Chairman); and
``(B) at least 4 shall be 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 the 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) 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 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, including foreign
motor carriers;
``(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, packing,
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) 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) 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).
``(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 transportation board;
approval.--An agreement entered into under subsection (a) may
be submitted by any carrier or carriers that are parties to
such agreement to the Transportation Board for approval and may
be approved by the Transportation Board only if it finds that
such agreement is in the public interest.
``(3) Conditions.--The Transportation Board 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 Transportation Board 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 Transportation Board
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 Transportation Board, 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 Transportation Board may require an
organization established or continued under an agreement approved under
this section to maintain records and submit reports. The Transportation
Board, or its delegate, may inspect a record maintained under this
section, or monitor any organization's compliance with this section.
``(c) Review.--The Transportation Board 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 Transportation Board
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 Transportation Board, the
agreement is unchanged, and the Transportation Board approves such
renewal. The Transportation Board 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 Transportation Board 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 or classifications unless such carrier
or forwarder maintains its own independent publication of mileage or
classification which can be examined by any interested person upon
reasonable request or is a participant in a publication of mileages or
classifications 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 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 subsection (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, except as provided in section 14501, 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 U.S.-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 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 conduct a study to determine whether, and to what extent,
the current Department of Transportation identification number system,
the single State registration system under section 14505, the
registration system contained in this chapter, and the financial
responsibility information system under section 13906, should be
modified or 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 consider whether to 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).
``(d) Deadline.--The Secretary shall conclude the study under this
section within 18 months and report to Congress on the findings,
together with recommendations for any appropriate legislative changes
that may be needed.
``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(9)(A), 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.
``Sec. 14303. Consolidation, merger, and acquisition of control of
motor carriers of passengers
``(a) Approval Required.--The following transactions involving
motor carriers of passengers subject to jurisdiction under subchapter I
of chapter 135 of this title may be carried out only with the approval
of the Intermodal Surface Transportation Board:
``(1) Consolidation or merger of the properties or
franchises of at least 2 carriers into one operation for the
ownership, management, and operation of the previously
separately owned properties.
``(2) A purchase, lease, or contract to operate property of
another carrier by any number of carriers.
``(3) Acquisition of control of a carrier by any number of
carriers.
``(4) Acquisition of control of at least 2 carriers by a
person that is not a carrier.
``(5) Acquisition of control of a carrier by a person that
is not a carrier but that controls any number of carriers.
``(b) The Board shall approve and authorize a transaction under
this section when it finds the transaction is consistent with the
public interest. The Board shall consider at least the following:
``(1) The effect of the proposed transaction on the
adequacy of transportation to the public.
``(2) The total fixed charges that result from the proposed
transaction.
``(3) The interest of carrier employees affected by the
proposed transaction.
The Board may impose conditions governing the transaction.
``(c) Within 30 days after an application is filed under this
section, the Board shall either publish a notice of the application in
the Federal Register or (2) reject the application if it is incomplete.
``(d) Written comments about an application may be filed with the
Board within 45 days after notice of the application is published under
subsection (c).
``(e) The Board shall conclude evidentiary proceedings by the 240th
day after notice of the application is published under subsection (c).
The Board shall issue a final decision by the 180th day after the
conclusion of the evidentiary proceedings. The Board may extend a time
period under this subsection, except that the total of all such
extensions with respect to any application shall not exceed 90 days.
``(f) A carrier or corporation participating in or resulting from a
transaction approved by the Board under this section, or exempted by
the Board from the application of this section pursuant to section
13541, may carry out the transaction, own and operate property, and
exercise control or franchises acquired through the transaction without
the approval of a State authority. A carrier, corporation, or person
participating in that approved or exempted transaction is exempt from
the antitrust laws and from all other law, including State and
municipal law, as necessary to let that person carry out the
transaction, hold, maintain, and operate property, and exercise control
or franchises acquired through the transaction.
``(g) This section shall not apply to transactions involving
carriers whose aggregate gross operating revenues were not more than
$2,000,000 during a period of 12 consecutive months ending not more
than 6 months before the date of the agreement of the parties.
``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 or for charter transportation except to the extent that
notice, not in excess of 30 days, of changes in schedules may be
required. This subsection shall not apply to intrastate commuter bus
operations.
``(b) Freight Forwarders and 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. Single State registration system
``(a) Definitions.--In this section, the terms `standards' and
`amendments to standards' mean the specification of forms and
procedures required by regulations of the Secretary to prove the
lawfulness of transportation by motor carrier referred to in section
13501.
``(b) General Rule.--The requirement of a State that a motor
carrier, providing transportation subject to jurisdiction under
subchapter I of chapter 135 and providing transportation in that State,
must register with the State is not an unreasonable burden on
transportation referred to in section 13501 when the State registration
is completed under standards of the Secretary under subsection (c).
When a State registration requirement imposes obligations in excess of
the standards of the Secretary, the part in excess is an unreasonable
burden.
``(c) Single State Registration System.--
``(1) In general.--The Secretary shall maintain standards
for implementing a system under which--
``(A) a motor carrier is required to register
annually with only one State by providing evidence of
its Federal registration under chapter 139;
``(B) the State of registration shall fully comply
with standards prescribed under this section; and
``(C) such single State registration shall be
deemed to satisfy the registration requirements of all
other States.
``(2) Specific requirements.--
``(A) Evidence of certificate; proof of insurance;
payment of fees.--Under the standards of the Secretary
implementing the single State registration system
described in paragraph (1) of this subsection, only a
State acting in its capacity as registration State
under such single State system may require a motor
carrier holding a certificate or permit issued under
this part--
``(i) to file and maintain evidence of such
certificate or permit;
``(ii) to file satisfactory proof of
required insurance or qualification as a self-
insurer;
``(iii) to pay directly to such State fee
amounts in accordance with the fee system
established under subparagraph (B)(iv) of this
paragraph, subject to allocation of fee
revenues among all States in which the carrier
operates and which participate in the single
State registration system; and
``(iv) to file the name of a local agent
for service of process.
``(B) Receipts; fee system.--The standards of the
Secretary--
``(i) shall require that the registration
State issue a receipt, in a form, reflecting
that the carrier has filed proof of insurance
as provided under subparagraph (A)(ii) of this
subsection and has paid fee amounts in
accordance with the fee system established
under clause (iv) of this subparagraph;
``(ii) shall require that copies of the
receipt issued under clause (i) of this
paragraph be kept in each of the carrier's
commercial motor vehicles;
``(iii) shall not require decals, stamps,
cab cards, or any other means of registering or
identifying specific vehicles operated by the
carrier;
``(iv) shall establish a fee system for the
filing of proof of insurance as provided under
subparagraph (A)(ii) of this subsection that--
``(i) is based on the number of commercial
motor vehicles the carrier operates in a State
and on the number of States in which the
carrier operates,
``(ii) minimizes the costs of complying
with the registration system, and
``(iii) results in a fee for each
participating State that is equal to the fee,
not to exceed $10 per vehicle, that such State
collected or charged as of November 15, 1991;
and
``(v) shall not authorize the charging or
collection of any fee for filing and
maintaining a certificate or permit under
subparagraph (A)(i) of this paragraph.
``(C) Prohibited fees.--The charging or collection
of any fee under this section that is not in accordance
with the fee system established under subparagraph
(B)(iv) of this paragraph shall be deemed to be a
burden on interstate commerce.
``(D) Limitation on participation by States.--Only
a State which, as of January 1, 1991, charged or
collected a fee for a vehicle identification stamp or
number under part 1023 of title 49, Code of Federal
Regulations, shall be eligible to participate as a
registration State under this subsection or to receive
any fee revenue under this subsection.
``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 liability imposed under subsection (a)
by establishing rates for the transportation of property (other than
household goods) under which the liability of the carrier for such
property is limited to a value established by written or electronic
declaration of the shippper or by a mutual written agreement between
the carrier and shipper.
``(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.
``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) 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.
``(g) Trial in a civil action under subsections (a) through (f) 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(e) is amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) providing mass transportation service within a
transit service area under an agreement with a Federal, State,
or local government funded, in whole or in part, with a grant
under section 5307, 5310, or 5311, including transportation
designed and carried out to meet the special needs of elderly
individuals and individuals with disabilities; Provided That,
in any case in which the transit service area is located in
more than 1 State, the minimum level of financial
responsibility for such motor vehicle will be at least the
highest level required for any of such States.''.
(c) 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
(2) the continued qualification of all carriers then so
qualified under the terms and conditions set by the Interstate
Commerce Commission or Secretary at the time of qualification.
SEC. 454. 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.''.
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.
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''.
SEC. 520. RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 1976.
Section 510 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 830) is amended by striking ``section 20a of the
Interstate Commerce Act (49 U.S.C. 20a)'' and inserting ``section 11301
of title 49, United States Code''.
SEC. 521. 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. 522. 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. 523. 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. 524. FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT OF 1994.
Section 601(d) of the Federal Aviation Administration Authorization
Act of 1994 (Pub. L. 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, regardless of whether those severance costs are
incurred by the Commission or by the Intermodal Surface
Transportation Board, the balance of the $13,379,000
appropriated to the Commission for fiscal year 1996, together
with any unobligated balances from user fees collected by the
Commission during fiscal year 1996;
(2) for the operations of the Intermodal Surface
Transportation Board for fiscal year 1996, $8,421,000, and any
fees collected by the Transportation Board pursuant to section
9701 of title 31, United States Code, shall be made available
to the Transportation Board; and
(3) for the operations associated with functions
transferred from the Interstate Commerce Commission to the
Intermodal Surface Transportation Board under this Act,
$12,000,000 for each of the fiscal years 1997 and 1998, and any
fees collected by the Transportation Board pursuant to section
9701 of title 31, United States Code, shall be made available
to the Transportation Board.
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.
S 1396 RS----2
S 1396 RS----3
S 1396 RS----4
S 1396 RS----5
S 1396 RS----6
S 1396 RS----7
S 1396 RS----8
S 1396 RS----9
S 1396 RS----10
S 1396 RS----11
S 1396 RS----12
S 1396 RS----13
S 1396 RS----14
S 1396 RS----15
S 1396 RS----16
S 1396 RS----17
S 1396 RS----18
S 1396 RS----19
S 1396 RS----20