[Congressional Record Volume 141, Number 188 (Tuesday, November 28, 1995)]
[Senate]
[Pages S17551-S17584]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               INTERSTATE COMMERCE COMMISSION SUNSET ACT

  Mr. PRESSLER. Madam President, I ask unanimous consent that the 
Senate now turn to the consideration of S. 1396, the Interstate 
Commerce Commission Sunset Act of 1995.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1396) to amend title 49, United States Code, to 
     provide for the regulation of surface transportation.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill. which had been reported from the Committee on Commerce, Science, 
and Transportation with an amendment to strike all after the enacting 
clause and inserting in lieu thereof the following:

     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 other laws.................254
      Sec. 104. Transfer of functions...............................255
      Sec. 105. References to the FMC in other laws.................256
  Subtitle B--Repeal of Obsolete, Etc., Provisions                  256
      Sec. 121. Repeal of provisions................................256
      Sec. 122. Coverage of certain entities under other, unrelated 
        Acts not affected...........................................267
  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 Transportation Board...........268
      ``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 Maritime Commission 
        functions...................................................275
  Subtitle B--Administrative                                        276
      Sec. 211. Powers..............................................276
      Sec. 212. Commission action...................................277
      Sec. 213. Service of notice in Commission proceedings.........278
      Sec. 214. Service of process in court proceedings.............280
      Sec. 215. Study on the authority to collect charges...........280
      Sec. 216. Federal Highway Administration rulemaking...........281
  Title III--Rail and Pipeline Transportation                       281
      Sec. 301. General changes in references to Commission, etc....281
      Sec. 302. Rail transportation policy..........................283
      Sec. 303. Definitions.........................................283
      Sec. 304. General jurisdiction................................284
      Sec. 305. Railroad and water transportation connections and ra285
      Sec. 306. Authority to exempt rail carrier and motor carrier 
        transportation..............................................285
      Sec. 307. Standards for rates, classifications, etc...........287
      Sec. 308. Standards for rates for rail carriers...............288
      Sec. 309. Authority for carriers to establish rates, 
        classifications, etc........................................289
      Sec. 310. Authority for carriers to establish through routes..290
      Sec. 311. Authority and criteria for prescribed rates, 
        classifications, etc........................................290
      Sec. 312. Authority for prescribed through routes, joint 
        classifications, etc........................................291
      Sec. 313. Antitrust exemption for rate agreements.............292
      Sec. 314. Investigation and suspension of new rail rates, etc.293
      Sec. 315. Zone of rail carrier rate flexibility...............294
      Sec. 316. Investigation and suspension of new pipeline carrier 
        rates, etc..................................................297

[[Page S 17552]]

      Sec. 317. Determination of market dominance...................298
      Sec. 318. Contracts...........................................300
      Sec. 319. Government traffic..................................302
      Sec. 320. Rates and liability based on value..................302
      Sec. 321. Prohibitions against discrimination by common carrie302
      Sec. 322. Facilities for interchange of traffic...............303
      Sec. 323. Liability for payment of rates......................303
      Sec. 324. Continuous carriage of freight......................304
      Sec. 325. Transportation services or facilities furnished by 
        shipper.....................................................304
      Sec. 326. Demurrage charges...................................305
      Sec. 327. Transportation prohibited without tariff............305
      ``Sec. 10761. Transportation prohibited without tariff........305
      Sec. 328. General elimination of tariff filing requirements...306
      ``Sec. 10762. General elimination of tariff filing requirement306
      Sec. 329. Designation of certain routes.......................308
      Sec. 330. Authorizing construction and operation of railroad 
        lines.......................................................308
      Sec. 331. Authorizing action to provide facilities............309
      Sec. 332. Authorizing abandonment and discontinuance..........309
      Sec. 333. Filing and procedure for applications to abandon or 
        discontinue.................................................309
      Sec. 334. Exceptions..........................................310
      Sec. 335. Railroad development................................310
      Sec. 336. Providing transportation, service, and rates........310
      ``Sec. 11101. Providing transportation, service, and rates....311
      Sec. 337. Use of terminal facilities..........................312
      Sec. 338. Switch connections and tracks.......................312
      Sec. 339. Criteria............................................312
      Sec. 340. Rerouting traffic on failure of rail carrier to serve 
        public......................................................313
      Sec. 341. Directed rail transportation........................313
      Sec. 342. War emergencies; embargoes..........................313
      Sec. 343. Definitions for subchapter III......................313
      ``Sec. 11141. Definitions.....................................313
      Sec. 344. Depreciation charges................................314
      Sec. 345. Records, etc........................................314
      Sec. 346. Reports by carriers, lessors, and associations......314
      Sec. 347. Accounting and cost reporting.......................315
      Sec. 348. Securities, obligations, and liabilities............315
      Sec. 349. Equipment trusts....................................316
      Sec. 350. Restrictions on officers and directors..............317
      Sec. 351. Limitation on pooling and division of transportation or 
        earnings....................................................317
      Sec. 352. Consolidation, merger, and acquisition of control...318
      Sec. 353. General procedure and conditions of approval for 
        consolidation, etc..........................................318
      Sec. 354. Rail carrier procedure for consolidation, etc.......319
      Sec. 355. Employee protective arrangements....................320
      Sec. 356. Authority over noncarrier acquirers.................320
      Sec. 357. Authority over intrastate transportation............320
      Sec. 358. Tax discrimination against rail transportation prope321
      Sec. 359. Withholding State and local income tax by certain 
        carriers....................................................321
      Sec. 360. General authority for enforcement, investigations, e321
      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 under receipts and bills 
        of lading...................................................325
      Sec. 366. Liability when property is delivered in violation of 
        routing instructions........................................326
      Sec. 367. General civil penalties.............................326
      Sec. 368. Civil penalty for accepting rebates from common carr327
      Sec. 369. Rate, discrimination, and tariff violations.........327
      Sec. 370. Additional rate and discrimination violations.......327
      Sec. 371. Interference with railroad car supply...............328
      Sec. 372. Record keeping and reporting violations.............328
      Sec. 373. Unlawful disclosure of information..................328
      Sec. 374. Consolidation, merger, and acquisition of control...329
      Sec. 375. General criminal penalty............................329
      Sec. 376. Financial assistance for State projects.............329
      Sec. 377. Status of AMTRAK and applicable laws................329
      Sec. 378. Rail-shipper Transportation Advisory Council........330
  ``Subchapter VI. Rail--Shipper Transportation Advisory Council    330
      ``Sec. 10391. Rail--Shipper Transportation Advisory Council...330
  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 subtitle IV, title 49, United 
        States Code.................................................337
  ``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 proceedings under this part350
      ``Sec. 13304. Service of process in court proceedings.........351
  ``Chapter 135--Jurisdiction                                       352
  ``Subchapter I--Motor Carrier Transportation                      352
      ``Sec. 13501. General jurisdiction............................352
      ``Sec. 13502. Exempt transportation between Alaska and other 
        States......................................................353
      ``Sec. 13503. Exempt motor vehicle transportation in terminal 
        areas.......................................................353
      ``Sec. 13504. Exempt motor carrier transportation entirely in one 
        State.......................................................355
  ``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 transportation or services..358
  ``Chapter 137--Rates and Through Routes                           360
      ``Sec. 13701. Requirements for reasonable rates, classifications, 
        through routes, rules, and practices for certain transportat360
      ``Sec. 13702. Tariff requirement for certain transportation...361
      ``Sec. 13703. Certain collective activities; exemption from 
        antitrust laws..............................................364
      ``Sec. 13704. Household goods rates--estimates; guarantees of 
        service.....................................................369
      ``Sec. 13705. Requirements for through routes among motor 
        carriers of passengers......................................370
      ``Sec. 13706. Liability for payment of rates..................371
      ``Sec. 13707. Billing and collecting practices................372
      ``Sec. 13708. Procedures for resolving claims involving unfiled, 
        negotiated transportation rates.............................373
      ``Sec. 13709. Additional motor carrier undercharge provisions.380
      ``Sec. 13710. Alternative procedure for resolving undercharge 
        disputes....................................................382
      ``Sec. 13711. Government traffic..............................385
      ``Sec. 13712. Food and grocery transportation.................386
  ``Chapter 139--Registration                                       386
      ``Sec. 13901. Requirement for registration....................386
      ``Sec. 13902. Registration of motor carriers..................386
      ``Sec. 13903. Registration of freight forwarders..............396
      ``Sec. 13904. Registration of motor carrier brokers...........396
      ``Sec. 13905. Effective periods of registration...............397
      ``Sec. 13906. Security of motor carriers, brokers, and freight 
        forwarders..................................................399
      ``Sec. 13907. Household goods agents..........................403
      ``Sec. 13908. Registration and other reforms..................406
  ``Chapter 141--Operations of Carriers                             407
  ``Subchapter I--General Requirements                              407
      ``Sec. 14101. Providing transportation and service............407
      ``Sec. 14102. Leased motor vehicles...........................408
      ``Sec. 14103. Loading and unloading motor vehicles............410
      ``Sec. 14104. Household goods carrier operations..............411
  ``Subchapter II--Reports and Records                              413
      ``Sec. 14121. Definitions.....................................413
      ``Sec. 14122. Records: form; inspection; preservation.........414
      ``Sec. 14123. Reports by carriers, brokers, and associations..414
  ``Chapter 143--Finance                                            416
      ``Sec. 14301. Security interests in certain motor vehicles....416
      ``Sec. 14302. Pooling and division of transportation or earnin418
      ``Sec. 14303. Consolidation, merger, and acquisition of control 
        of motor carriers of passengers.............................422
  ``Chapter 145--Federal-State Relations                            425
      ``Sec. 14501. Federal authority over intrastate transportation425
      ``Sec. 14502. Tax discrimination against motor carrier 
        transportation property.....................................429
      ``Sec. 14503. Withholding State and local income tax by certain 
        carriers....................................................432
      ``Sec. 14504. State tax.......................................434
      ``Sec. 14505. Single State registration system................434
  ``Chapter 147--Enforcement; Investigations; Rights; Remedies      438
      ``Sec. 14701. General authority...............................438
      ``Sec. 14702. Enforcement by the regulatory authority.........440
      ``Sec. 14703. Enforcement by the attorney general.............441
      ``Sec. 14704. Rights and remedies of persons injured by carriers 
        or brokers..................................................441

[[Page S 17553]]

      ``Sec. 14705. Limitation on actions by and against carriers...444
      ``Sec. 14706. Liability of carriers under receipts and bills of 
        lading......................................................446
      ``Sec. 14707. Private enforcement of registration requirement.451
      ``Sec. 14708. Dispute settlement program for household goods 
        carriers....................................................452
      ``Sec. 14709. Tariff reconciliation rules for motor carriers of 
        property....................................................456
  ``Chapter 149--Civil and Criminal Penalties                       457
      ``Sec. 14901. General civil penalties.........................457
      ``Sec. 14902. Civil penalty for accepting rebates from carrier460
      ``Sec. 14903. Tariff violations...............................461
      ``Sec. 14904. Additional rate violations......................462
      ``Sec. 14905. Penalties for violations of rules relating to 
        loading and unloading motor vehicles........................463
      ``Sec. 14906. Evasion of regulation of carriers and brokers...464
      ``Sec. 14907. Record keeping and reporting violations.........464
      ``Sec. 14908. Unlawful disclosure of information..............465
      ``Sec. 14909. Disobedience to subpenas........................466
      ``Sec. 14910. General criminal penalty when specific penalty not 
        provided....................................................466
      ``Sec. 14911. Punishment of corporation for violations committed 
        by certain individuals......................................467
      ``Sec. 14912. Weight-bumping in household goods transportation467
      ``Sec. 14913. Conclusiveness of rates in certain prosecutions.468
  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 operators..............470
  Title V--Amendments to Other Laws                                 471
      Sec. 501. Federal Election Campaign Act of 1971...............471
      Sec. 502. Agricultural Adjustment Act of 1938.................472
      Sec. 503. Agricultural Marketing Act of 1946..................472
      Sec. 504. Animal Welfare Act..................................472
      Sec. 505. Title 11, United States Code........................473
      Sec. 506. Clayton Act.........................................473
      Sec. 507. Consumer Credit Protection Act......................474
      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 Agricultural Worker Protection 479
      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 1974.....................481
      Sec. 517. Railroad Unemployment Insurance Act.................482
      Sec. 518. Emergency Rail Services Act of 1970.................483
      Sec. 519. Regional Rail Reorganization Act of 1973............483
      Sec. 520. Railroad Revitalization and Regulatory Reform Act of 
        1976........................................................483
      Sec. 521. Alaska Railroad Transfer Act of 1982................483
      Sec. 522. Merchant Marine Act, 1920...........................484
      Sec. 523. Service Contract Act of 1965........................484
      Sec. 524. Federal Aviation Administration Authorization Act of 
        1994........................................................485
  Title VI--Authorization                                           485
      Sec. 601. Authorization of appropriations.....................485
  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.

[[Page S 17554]]

       (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 

[[Page S 17555]]
     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 

[[Page S 17556]]
     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--
       (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; rights; remedies........14701
      ``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). 

[[Page S 17557]]


     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''; 

[[Page S 17558]]

       (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 

[[Page S 17559]]

       (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--

[[Page S 17560]]

       (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'' 

[[Page S 17561]]

       (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.

[[Page S 17562]]

       ``(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 

[[Page S 17563]]

       ``(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.

[[Page S 17564]]


     ``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 

[[Page S 17565]]
     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 

[[Page S 17566]]
     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--

[[Page S 17567]]

       ``(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 

[[Page S 17568]]
     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 

[[Page S 17569]]
     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 

[[Page S 17570]]
     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--

[[Page S 17571]]

       ``(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.

[[Page S 17572]]

       ``(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 

[[Page S 17573]]
     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 

[[Page S 17574]]
     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) 

[[Page S 17575]]
     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 

[[Page S 17576]]
     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 

[[Page S 17577]]

       (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:

[[Page S 17578]]

       ``(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.


                         privilege of the floor

  Mr. PRESSLER. Madam President, I ask unanimous consent that Ellen D. 
Hanson, a detailee from the Interstate Commerce Commission to the 
Committee on Commerce, Science, and Transportation, be granted floor 
privileges during consideration of S. 1396.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. PRESSLER. Madam President, I rise to begin the full Senate's 
consideration of S. 1396, the Interstate Commerce Commission Sunset Act 
of 1995. I am very pleased to be joined in this effort by the bill's 
coauthor and comanager, Senator Exon. This legislation is also 
cosponsored by Senator Burns, Hollings, Inouye, Hutchinson, and 
Kassebaum. It is a bipartisan bill and I urge my colleagues' bipartisan 
support in its swift passage.


                          legislative history

  Introduced on November 3, 1995, this legislation is in direct 
response to the fiscal year 1996 budget resolution which assumes the 
elimination of the Interstate Commerce Commission [ICC] and the fiscal 
year 1996 Department of Transportation appropriations bill, H.R. 2002, 
which provides no funding for the ICC effective December 31, 1995--
Public Law 104-50. It is the product of nearly a year's worth of 
bipartisan study, discussion, and work.
  S. 1396 addresses what is fast approaching an emergency situation, 
the imminent, congressionally mandated shutdown of the ICC, in just 
over a month. However, it does so in a manner that embodies a 
reasonable oversight structure for our Nation's surface transportation 
industries. The bill would eliminate scores of unnecessary regulatory 
provisions in a balanced manner, yet preserve necessary core 
regulations and allow for continued protection of shippers and the 
consuming public.

[[Page S 17579]]

  This legislation would sunset two Federal agencies, the Interstate 
Commerce Commission [ICC] and the Federal Maritime Commission [FMC]. 
The ICC would terminate effective January 1, 1996, and the FMC would 
terminate 1 year later, January 1, 1997. The bill would repeal over 70 
obsolete ICC regulatory functions and transfer residual functions 
partly to a newly established independent Intermodal Surface 
Transportation Board [Board] within DOT and partly to the Secretary of 
Transportation. When the FMC sunsets in 1997, its remaining functions 
would be transferred to the new Board.
  S. 1396 reflects a board consensus, as demonstrated by the Commerce 
Committee's unanimous vote reporting it during its November 9 executive 
session. That consensus is likewise reflected by the overwhelming 417 
to 8 vote approving a similar House bill on November 14. These votes 
are the expression of the underlying agreement on fundamental substance 
that has emerged on both sides of the Hill and both sides of the aisle 
during the past year.
  Madam President, it is imperative that this bill be approved promptly 
if we are to authorize an orderly ICC sunset and identify which 
functions should be continued and by what agency or agencies, within 
the constraints of the funding approved. Once authorized, the timely 
shutdown of our Nation's oldest regulatory agency will be ensured. It 
is likewise imperative that the bill's careful consensus structure not 
be undone by ill-considered amendments.


                               background

  I do want to briefly explain some of the underlying philosophy that 
went into the drafting of S. 1396.
  Throughout the process, Senator Exon and I have worked together very 
closely. In fact, much of this legislation initially was written by my 
good friend. Over the months, much compromise and cooperation have 
produced what I feel is a balanced bill, addressing the immediate and 
compelling needs driving this legislation.
  Our staff members and those of other committee members have 
collaborated throughout the process. Many long hours have been spent in 
joint meetings with various interest groups and constituents who have 
raised concerns or urged revisions to the bill. We have worked very 
hard to address legitimate concerns, and have made numerous changes and 
revisions throughout the process in an effort to address those 
concerns. However, as hard as we have worked to please all parties, our 
policy decisions ultimately were driven by the need to produce a bill 
which could be passed and signed into law as soon as possible.

  Madam President, this is historic legislation. The ICC is our oldest 
independent regulatory agency. Established in 1887--108 years ago--it 
was originally created to protect shippers from the monopoly power of 
the railroad industry. Throughout subsequent years, the ICC's 
regulatory responsibilities were broadened and strengthened, and 
expanded to other modes. However, in more recent years, particularly in 
the 1980's, a series of regulatory reform bills significantly 
deregulated the surface transportation industries, reducing the ICC's 
authority.
  Even with the considerable deregulation of the surface transportation 
industries, the ICC continues to maintain a formidable regulatory 
presence. The ICC determines policy through its rulemaking and 
adjudicative proceedings to ensure the effective administration of the 
Interstate Commerce Act [ICA], related statutes, and regulations. The 
ICC maintains jurisdiction over the rail industry, certain pipelines, 
barge operators, bus lines, freight forwarders, household goods movers, 
and approximately 60,000 for-hire motor carriers. Yet its remaining 
functions can and should continue to be reduced. The same could be said 
about every Government agency. Less Government regulation would be 
better. S. 1396 moves us significantly in that direction.
  In my view, the positive and necessary adjudicatory role of the ICC 
should not simply cease to exist at the end of this year. Indeed, the 
ICC has performed and continues to perform important functions. For 
example, my home State of South Dakota would today have hundreds of 
miles less rail service than we presently enjoy if it were not for the 
abandonment public interest review authority of the ICC. Indeed, rail 
service to many smaller communities throughout the country might not 
exist without the work of the ICC.
  As I stated when I introduced this bill, budget constraints and 
appropriations legislation which terminate the agency's functions at 
the end of this year render moot any debate over whether or not we 
should keep the ICC. Given the realities of the budget situation, the 
issue is not whether the ICC should be terminated, but how it will be 
dismantled.
  Therefore, we are tasked with determining what ICC functions can 
continue to be effectively performed by a successor with a very limited 
budget. S. 1396 provides a reasoned approach designed to ensure 
continued protections against industry abuse while at the same time 
assure the economic efficiencies of our Nation's surface transportation 
system can continue.
  Specifically, this legislation would sunset the ICC and transfer its 
necessary residual functions to an independent Board within the DOT. 
The Board would administer the residual regulations over rail carriers 
and pipelines and provide limited adjudicatory oversight over the motor 
carrier industry. The Secretary of Transportation would inherit the 
residual nonadjudicatory functions governing the motor carrier 
industry.
  The overall approach taken in this legislation was to limit its scope 
to the most efficient and simplest sunset and transfer bill, as opposed 
to a wholesale rewrite of transportation policy. Numerous unnecessary 
functions were eliminated. In transferring the essential functions that 
remain, some changes to these functions also had to be made due to the 
budget constraints which will confront the successor agency. While some 
also advocated a number of changes I considered to be far more 
regulatory in nature than I could support, I also recognize those 
concerns remain.
  For example, I am particularly concerned about the concerns of small 
rail shippers and operators in light of continuing industry trends 
toward overwhelming industry concentration. Some have urged us to 
reregulate the rail industry to remedy these concerns. They argue that 
since the Staggers Act greatly deregulated the rail industry, shippers 
have been faced with difficult if not impossible relief mechanisms. 
They point out that the potential for shipper abuse increases with 
industry concentration. Their argument merit our consideration. 
However, I am not convinced a return to a pre-Staggers approach is the 
answer.
  Even though I voted against the Staggers Act 15 years ago, I must say 
it has proved to be extraordinarily successful in reviving a failing 
rail industry. It generally has had a positive impact on shippers and 
industry alike. Therefore, at this point, it would be unsound policy to 
attempt to reregulate, without a clearer identification of the problems 
and reasonable belief the proposed regulations would remedy those 
problems.
  At the same time, we have attempted to address a few very critical 
shipper concerns in those areas in which the ICC's current 
administrative procedures do not enable a shipper to even bring a 
legitimate grievance and receive an effective remedy. For example, S. 
1396 would instruct the new Board to complete the ICC's pending noncoal 
rate guidelines proceeding so that smaller shippers have a practical 
procedure available in which to bring a rate case.
  Some in the rail industry say this is reregulatory. I strongly 
disagree. If the mechanisms available under the Interstate Commerce Act 
are so cumbersome and cost prohibitive that a shipper cannot afford to 
seek a remedy--and in fact, the ICC has recognized this for the 10 
years in which it has attempted to provide an alternative procedure--
isn't it our duty to direct the new Board to ensure the ICA is 
administered effectively? Yes, it is.


                         summary of legislation

  Let me now turn to an overview of the bill's main provisions:
  As a general principle, S. 1396 continues the deregulation theme of 
the past 15 years by providing further regulatory reductions in the 
surface transportation industries. Overall, the bill is 

[[Page S 17580]]
designed to repeal unnecessary regulations and authorize the transfer 
of residual functions to DOT. As I previously mentioned, many broader 
transportation policy proposals viewed by the committee to be 
reregulatory were not included in this bill. The committee 
intentionally limited the bill to matters related to sunsetting the ICC 
and FMC and transferring essential functions to a successor.


                 1. governmental efficiency and savings

  In response to the increasing emphasis on intermodalism and providing 
seamless transportation via rail, motor, and water modes in the 
transportation industry, the bill proposes to house the remaining 
Federal Government oversight of these transportation modes within a 
single agency with the expertise and perspective to view the 
transportation industry as increasingly intermodal. Consolidating 
remaining ICC and FMC functions within the Board accomplishes this 
goal. Further, by placing the Board within DOT, the Board would be 
relieved of separate administrative costs currently borne by both the 
ICC and the FMC.


                         2. rail transportation

  Beyond weeding out outdated and unnecessary provisions, the bill 
generally does not attempt to substantively redesign rail regulation. 
Rather, it would preserve the careful balance put in place by the 
Railroad Revitalization and Regulatory Reform Act of 1976 and the 
Staggers Act of 1980 that have led to a dramatic revitalization of the 
rail industry while protecting significant shipper and national 
interests.
  The bill would eliminate many outdated, unnecessary, and burdensome 
regulatory requirements and restrictions on the rail industry. These 
include, for example, the elimination of all regulation of rail 
passenger transportation, all tariff filings, tariffs for 
nonagricultural commodities, special provisions favoring recyclable 
commodities, and restrictions against carriers transporting their own 
commodities.
  S. 1396 would retain those provisions needed to preserve an efficient 
national rail network comprised of numerous individual carriers. These 
include Federal regulatory oversight of line constructions, line 
abandonments, line sales, leases, and trackage rights, mergers and 
other consolidations--under a broad public interest standard and with 
ongoing regulatory oversight--car supply and interchange, antitrust 
immunity for certain collective activities--including pooling of 
equipment and services--competitive access, financial assistance, 
feeder line development, emergency service orders, and recordation of 
equipment liens.
  The bill would also retain provisions that are necessary to protect 
rail shippers. These include the common carrier obligation, regulatory 
oversight of the reasonableness of rail practices, maximum rate 
regulation for captive traffic, advance notice of rate increases, and 
rate tariffs for agricultural commodities and fertilizer.


                    3. motor carrier transportation

  With regard to motor carrier transportation, S. 1396 would eliminate 
all vestiges of restrictive entry barriers, based either on a gauging 
of public demand or need for the service or on protecting existing 
carriers in a market. However, the bill would retain needed safety 
oversight and insurance requirements, by converting the existing ICC 
licensing program into a DOT-administered registration program based 
solely on a carrier's fitness to operate.
  The bill would eliminate the regulatorily created distinction between 
common and contract motor carriers. Such categorizations have lost 
their meaning, because most carriers now operate in a dual capacity. 
Under the bill, all motor carriers would have a common carrier 
obligation, but would be free to contract for individual shipments.
  The bill would eliminate tariffs and rate regulation for general 
trucking. Such regulation, introduced in the 1930's when trucking was a 
new and struggling industry, has outlived all usefulness. The trucking 
industry today is a mature, highly competitive industry in which 
competition disciplines rates far better than tariff filing and 
regulatory intervention. Only two specialized categories of trucking 
operations would still require tariffs and be subject to potential rate 
regulation. These are residential household goods movements and certain 
joint motor-water shipments involving Alaska, Hawaii, or U.S. 
territories--where the water portion of the movement is generally not 
as competitive and where advance notice and certainty of rates is 
particularly needed.
  S. 1396 would retain the collective activity provisions that allow 
trucking companies to pool and coordinate their services. It would also 
retain the existing useful background commercial rules for the trucking 
industry, involving such matters as owner-operator leasing, lumping, 
and cargo liability.
  While the Federal Government would establish the background rules 
applicable to trucking operations, the ICC's traditional function of 
informally resolving disputes in these areas would not be continued. 
The bill enables aggrieved parties to take such disputes directly to 
the courts.


                   4. household goods transportation

  The bill would retain special regulatory provisions for residential 
household goods movements in view of the special consumer impacts 
associated with them. Because the individual householder moves 
infrequently, usually has little market information about such moves, 
and generally lacks bargaining power, the householder has little self-
help ability in a transaction with a large personal impact. To prevent 
unfair rate advantages and abuses against this least-sophisticated 
class of shippers, the bill would retain tariff and rate reasonableness 
requirements for residential household goods moves. It would prohibit 
carriers from circumventing fair and uniform rates for residential 
moves by offering contract rates when dealing directly with the 
householder. The bill would retain the highly successful binding-
estimate provisions applicable to household goods moves.
  Because the ICC's informal dispute resolution services would no 
longer be available, the bill would require household goods carriers to 
offer impartial arbitration of disputes arising out of individual 
residential moves. This would provide an inexpensive and effective 
means of dealing with the typical household goods loss or damage claim, 
which is often so small that any litigation requirement becomes unduly 
expensive and burdensome.


                    5. intercity bus transportation

  The bill would remove most remaining regulatory requirements and 
restrictions from the intercity bus industry. The safety-oriented 
carrier registration and insurance requirements would be applied to the 
bus industry, and certain limited restrictions against subsidized 
carriers competing with unsubsidized carriers would be retained. Also, 
the bill would retain the special public-interest merger standards and 
advance approval procedures for the intercity bus industry.


                    6. transportation intermediaries

  S. 1396 would continue the licensing and bond requirements for 
transportation brokers, which are needed to protect the public from 
unscrupulous brokers. The bill would also apply the same requirements 
to all freight forwarders. Currently freight forwarders of shipments 
other than household goods are not required to obtain a license from 
the ICC, but they are required to maintain a minimum level of cargo 
liability insurance. The insurance requirement has been difficult to 
monitor and enforce without a Federal licensing requirement. By 
extending the registration requirement to all freight forwarders, the 
bill would fill an inappropriate regulatory gap.


                       7. pipeline transportation

  The bill would retain regulation of pipeline transportation insofar 
as it involves commodities other than oil and gas--which are regulated 
by the Federal Energy Regulatory Commission--or water--which is not now 
regulated. Because the pipeline industry has the same monopolistic 
characteristics as the rail industry, such regulatory oversight must be 
retained to protect against abuses.


                       8. domestic water carriage

  The bill would effectively deregulate domestic water carriage in the 
contiguous-States markets, where there is ample competition to render 
such regulation unnecessary. However, the bill would retain residual 
authority over such water carriage for preemptive purposes, to prevent 
this transportation from being subjected to regulation under other 
laws.

[[Page S 17581]]

  The extent of maritime regulation that would be transferred to the 
Board is as yet undetermined. We plan to produce intervening 
legislation within the next year paring back the FMC's functions before 
they are transferred to the Board. In fact, the bill requires the 
Chairman of the new Board to meet with the Chairman of the FMC to 
develop a plan for the orderly transition of FMC functions to the 
Board. The Chairman of the Board would then submit the pan to the 
Director of the Office of Management and Budget, the Senate Committee 
on Commerce, Science, and Transportation, and the House of 
Representatives Committee on Transportation and Infrastructure not 
later than 6 months after enactment of this bill. We expect this plan 
would address any changes in FMC functions that may be legislated after 
enactment of this bill, the effect of this transfer on Board funding 
requirements, personnel matters, and other matters relevant to the 
transfer of remaining FMC functions on January 1, 1997.


                        9. tow truck operations

  This bill also would correct a serious problem that has been an 
unintended consequence of legislation last year preempting State and 
local motor carrier regulation. Specifically, the bill would enable 
State and local governments to regulate the price and related 
conditions of nonconsensual tows by tow truck operators, so as to 
preclude exorbitant prices and unreasonable conditions from being 
imposed on unwilling parties.


                     10. intermodal transportation

  This bill would remove all existing restrictions that specifically 
limit or preclude intermodal ownership and intermodal operations. 
Moreover, by combining the remaining functions of the existing 
transportation regulatory bodies, the bill should further foster 
intermodalism.


           11. transportation of foreign carriers under nafta

  The bill would retain the registration and insurance requirements for 
foreign motor carriers operating in the United States pursuant to the 
North American Free-Trade Agreement. The bill would transfer the ICC's 
existing oversight and enforcement responsibilities in this area to 
DOT.
  Madam President, I have just given a rather lengthy overview of this 
very detailed legislation. Obviously, the very nature of this bill--
sunsetting an agency--requires study and review of the entire 
Interstate Commerce Act. We have done just that over the past year. We 
have worked to craft a sound legislative proposal. It may not be a 
perfect bill. Not all parties support every single provision. However, 
Senator Exon and I and others have worked and compromised to address 
concerns throughout this entire process. The time has come to move 
forward. The clock is running.
  This authorization legislation must be enacted if we are to ensure an 
orderly sunset of the ICC. I urge my colleagues to support the bill.
  Madam President, I will yield to the distinguished Senator from 
Nebraska, who introduced the original legislation and has worked as 
part of a team in getting this worked out. I thank him very much.
  I will say this to the Members of the Senate who have amendments or 
speeches on this bill. This is a piece of legislation we must pass. We 
are participating in the closing of a governmental agency, the ICC, and 
we hear all about closing agencies, and so forth. This is actually 
happening. We are eliminating many of its duties and putting other 
functions into the Department of Transportation. Some say, well, you 
are just taking the functions from one place and putting them into 
another. But they have been streamlined, and they will have the 
efficiencies of scale, being in the Department of Transportation. And 
we have worked this out in response to the budget and appropriations 
legislation that has been passed zeroing out the ICC. So we must act on 
this piece of legislation.
  I should like to yield to the distinguished Senator from Nebraska for 
his remarks. And let me commend him for his outstanding leadership on 
this bill.
  Mr. EXON. Madam President, I thank my friend and colleague from South 
Dakota, the chairman of the Commerce Committee, for his kind remarks. 
He has outlined very adequately and completely the bill before us that 
we have worked very, very hard on in the Commerce Committee.
  I have long been associated with the Commerce Committee, especially 
surface transportation, all during my years of service in the U.S. 
Senate. Certainly with the end of the Interstate Commerce Commission, 
it is very important that we transfer the duties that have been 
performed by that agency to a division of Government that can 
accurately carry them out without the expense that we had with the 
Interstate Commerce Commission during their days of reining over a 
whole series of very complicated issues, which I think they 
accomplished very accurately, very intelligently, and made the right 
decision for the public at large.
  But, Madam President, I rise to support the landmark legislation to 
eliminate the Interstate Commerce Commission, ICC, and the Federal 
Maritime Commission, the FMC, and to transfer their responsibilities to 
a new independent Intermodal Surface Transportation Board, which we 
call ISTB for short. This will be recognized under and reorganized 
under the Department of Transportation under this act.
  Madam President, this legislation builds upon legislation that I 
introduced earlier this year known as the Transportation Streamlining 
Act. Following the introduction of the act, Senator Pressler, the 
chairman of the committee, and I worked with our staffs long and hard 
to find broad areas of agreement and compromise.
  The work product of that negotiation is S. 1396, which is before us, 
which the chairman of the committee explained very adequately. This 
legislation represents the latest chapter in a thoughtful and 
deliberate effort to reform and deregulate America's great 
transportation sector. The more we can deregulate it, the better it 
will be and the more service it will provide.
  In recent years, the Congress has worked very hard to bring fairness, 
efficiency, and productivity to all modes of transportation, many of 
them cited by Chairman Pressler. The Negotiated Rates Act approved in 
1993 has already saved American businesses billions of dollars in so-
called undercharge claims and litigation, ending the undercharge crisis 
and providing for a fair and expeditious settlement of all undercharge 
claims.
  The Trucking Regulatory Reform Act of 1994, which Chairman Pressler 
alluded to, enacted dramatic and revolutionary Federal regulatory 
reform in truck and bus transportation. These measures, combined with 
the intrastate truck rate and route deregulation provision contained in 
the 1994 airport improvement program reauthorization bill, represent a 
body of law which compromises one of the most important, dramatic, 
productive and meaningful regulatory reform in modern times. S. 1396, 
now before us, known as the Pressler-Exon bill, continues that 
tradition.
  Some areas of compromise were difficult to come by. On labor issues, 
I believe we have found a fair middle ground. A fair middle ground is 
the best we could do in this area, but it does protect the public 
interest in continued rail service while recognizing the sacrifices and 
the hardships of those hard-working men and women in the rail industry. 
The House of Representatives took a similar approach, and in conference 
we will need to carefully reconcile the two bills. As a long-time 
defender and supporter of an independent Interstate Commerce 
Commission, I support this legislation with enthusiasm, although I see 
the end of the Interstate Commerce Commission with some sadness.
  As one of the few Members of Congress with regular contact with 
America's oldest independent regulatory agency, I know well the 
dedication, the commitment, the hard work of the Commission and all of 
its employees. A grateful Nation should thank those dedicated public 
servants for over a century of hard work. In a different time, with 
different fiscal realities, it might have been possible to maintain a 
strong independent regulatory agency, but that decision has now been 
made, and we must move on.
  That being said, I support S. 1396 with a great deal of pride and 
enthusiasm. This legislation opens a new chapter in Federal 
transportation policy. This legislative effort can also 

[[Page S 17582]]
serve as a model for other agencies to achieve the efficiencies that 
people demand, but also do the work that the people expect.
  One might ask why there is a need for a successor to the Interstate 
Commerce Commission and the FMC. Simply put, if there were no forum to 
resolve disputes, oversee standard contract terms, establish national 
standards and assure fair treatment for shippers and communities, the 
great, efficient and productive transportation sector would simply spin 
into chaos, and all members of that transportation system of the United 
States understand that.
  Each State would develop its own rules, and transportation companies 
would become entangled in needless complicated litigation. The 
Intermodal Surface Transportation Board, ISTB, will assure that there 
is continuity and efficiency in transportation policy.
  The new ISTB within the Department of Transportation will continue to 
be the fair referee among shippers, carriers and communities. It will 
provide interested parties with one-stop shopping and administer a 
significantly streamlined body of law which assures that the public 
interest is protected in transportation policy.
  This transfer of responsibility and streamlining of authority will 
reduce costs both to taxpayers and the private sector and, at the same 
time, assure the key transportation safety responsibilities do not fall 
between the cracks.
  This legislation represents only a first step to even greater 
consolidation and efficiency of transportation regulation and dispute 
resolution. I am delighted that the Senate Commerce Committee adopted 
an amendment which Senators Lott, Breaux, Pressler, and I offered to 
sunset the Federal Maritime Commission and transfer their 
responsibilities to the new board next year. If enacted, this 
legislation will bring to reality my vision that the new ISTB become a 
true one-stop shop for all modes of transportation. That is efficiency. 
By having a staggered sunset of the ICC and the FMC, the Congress has 
time to thoughtfully review the Nation's maritime laws and to consider 
reforms in this body of law before the final transfer of responsibility 
to the ISTB.
  Madam President, our Nation takes for granted the blessings of 
America's great transportation system. Every part of the Nation has 
accessible transportation service. As Congress continues its efforts to 
keep regulation to the minimum necessary to protect the public 
interest, let us not forget what a valuable asset we have and how 
critically important it is that Congress carefully choose the correct 
course. We have done that in this instance.

  I urge my colleagues to vote today to modernize America's 
transportation policy and pass S. 1396 as it was reported out of the 
Commerce Committee under the dedicated leadership of the chairman, 
Senator Pressler from South Dakota.
  Madam President, I yield the floor.
  Mr. PRESSLER addressed the Chair.
  The PRESIDING OFFICER. The Senator from South Dakota.


                           Amendment No. 3063

 (Purpose: To make minor and technical changes in the bill as reported)

  Mr. PRESSLER. Madam President, I have a unanimous-consent request 
that has been cleared on both sides. It regards the committee 
amendments to be considered and agreed to en bloc.
  I send these committee amendments, which are sponsored by myself and 
Senator Exon, to the desk to make minor and technical changes in the 
bill as reported.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from South Dakota [Mr. Pressler], for himself 
     and Mr. Exon, proposes an amendment numbered 3063.

  Mr. PRESSLER. Madam President, I ask unanimous consent that further 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 256, between lines 4 and 5, insert the following:
       (c) Separated Employees.--Notwithstanding all other laws 
     and regulations, the Department of Transportation shall place 
     all Interstate Commerce Commission employees separated from 
     the Commission as a result of this Act on the DOT 
     reemployment priority list (competitive service) or the 
     priority employment list (excepted service).
       On page 281, between lines 18 and 19, insert the following:

     SEC. 217. TRANSPORT VEHICLES FOR OFF-ROAD, COMPETITION 
                   VEHICLES.

       Section 31111(b)(1) is amended--
       (1) by striking ``or'' at the end of subparagraph (C);
       (2) by striking the period at the end of subparagraph (D) 
     and inserting a semicolon and ``or''; and
       (3) by adding at the end thereof the following:
       ``(E) imposes a limitation of less than 46 feet on the 
     distance from the kingpin to the center of the rear axle on 
     trailers used exclusively or primarily in connection with 
     motorsports competition events.''.
       On page 283, strike lines 9 through 11 and insert the 
     following:
       ``(16) to provide for the expeditious handling and 
     resolution of all proceedings required or permitted to be 
     brought under the provisions of this subtitle.''.
       On page 284, between lines 18 and 19, insert the following:
       (5) by striking ``or'' at the end of subsection (b)(1);
       (6) by striking the period at the end of subsection (b)(2) 
     and inserting a semicolon and ``or'';
       (7) by adding at the end of subsection (b) the following:
       ``(3) transportation by a commuter authority, as defined in 
     section 24102 of this title, except for sections 11103, 
     11104, and 11503.'';
       On page 284, line 19, strike ``(5)'' and insert ``(8)''.
       On page 284, line 24, strike ``(6)'' and insert ``(9)''.
       On page 286, line 16, insert ``competitive'' after 
     ``other''.
       On page 288, line 22, insert ``full'' after ``a''.
       On page 288, line 23, strike ``impractical.'' and insert 
     ``too costly given the value of the case.''.
       On page 298, line 14, insert ``competitive'' after 
     ``other''.
       On page 319, between lines 2 and 3, insert the following:
       (4) striking ``transaction.'' at the end of the second 
     sentence of subsection (c) and inserting ``transaction, 
     including the divestiture of parallel tracks or requiring the 
     granting of trackage rights and access to other facilities. 
     Any trackage rights and related conditions imposed to 
     alleviate anti-competitive effects of the transaction shall 
     provide for operating terms and compensation levels to ensure 
     that such effects are alleviated.'';
       On page 319, line 3, strike ``(4)'' and insert ``(5)''.
       On page 319, line 4, strike ``(5)'' and insert ``(6)''.
       On page 319, line 7, strike ``(6)'' and insert ``(7)''.
       On page 319, line 9, strike ``(7)'' and insert ``(8)''.
       On page 339, line 20, strike ``and''.
       On page 340, line 6, strike ``actions.'' and insert 
     ``actions; and''.
       On page 340, between lines 6 and 7, insert the following:
       ``(4) in regulating transportation by water carrier, to 
     encourage and promote service and price competition in the 
     non-contiguous domestic trade.
       On page 346, line 21, insert ``arranging for,'' after 
     ``including''.
       On page 346, line 23, insert ``unpacking,'' after 
     ``packing,''.
       On page 356, line 10, before ``The'' insert ``(a) General 
     Rules.--''.
       On page 357, between lines 21 and 22, insert the following:
       ``(b) Definitions.--In this section, the terms `State' and 
     `United States' include the territories, commonwealths, and 
     possessions of the United States.
       On page 360, between lines 10 and 11, insert the following:
       ``(f) The Secretary or Transportation Board, as applicable, 
     is prohibited from regulating or exercising jurisdiction over 
     the transportation by water carrier in the non-contiguous 
     domestic trade of any cargo or type of cargo or service which 
     was not subject to regulation by, or under the jurisdiction 
     of, either the Federal Maritime Commission or Interstate 
     Commerce Commission under federal law in effect on November 
     1, 1995.
       ``(g) The Secretary or Transportation Board, as applicable, 
     may not exempt a water carrier from the application of, or 
     compliance with, sections 13801 and 13702 for transportation 
     in the non-contiguous domestic trade.
       On page 361, between lines 9 and 10, insert the following:
       ``(c) A complaint that a rate, classification, rule or 
     practice in the non-contiguous domestic trade violates 
     subsection (a) of this section may be filed with the 
     Transportation Board.
       ``(d)(1) For purposes of this section, a rate or division 
     of a carrier for service in non-contiguous domestic trade is 
     reasonable if the aggregate of increases and decreases in any 
     such rate or division is not more than 7.5 percent above, or 
     more than 10 percent below, the rate or division in effect 1 
     year before the effective date of the proposed rate or 
     division.
       ``(2) The percentage specified in paragraph (1) shall be 
     increased or decreased, as the case may be, by the percentage 
     change in the Producers Price Index, as published by the 
     Department of Labor, that has occurred during the most recent 
     1-year period before the 

[[Page S 17583]]
     date the rate or division in question first took effect.
       ``(3) The Transportation Board shall determine whether any 
     rate or division of a carrier or service in the non-
     contiguous domestic trade which is not within the range 
     described in paragraph (1) is reasonable if a complaint is 
     filed under subsection (c) of this section or section 
     13702(f)(5).
       ``(4) The Transportation Board, upon a finding of violation 
     of subsection (a) or this section, shall award reparations to 
     the complaining shipper or shippers in an amount equal to all 
     sums assessed and collected that exceed the determined 
     reasonable rate, division, rate structure or tariff. The 
     Transportation Board, upon complaint from any governmental 
     agency or authority, shall, upon a finding or violation of 
     subsection (a) of this section, make such orders as are just 
     and shall require the carrier to return, to the extent 
     practicable, to shippers all sums, plus interest, which the 
     Board finds to have been assessed and collected in violation 
     of such subsections.
       ``(e) Any proceeding with respect to any tariff, rate 
     charge, classification, rule, regulation or service that was 
     pending before the Federal Maritime Commission shall continue 
     to be heard until completion of issuance of a final order 
     thereon under all applicable laws in effect as of that date.
       On page 360, line 22, insert ``, or a rate for a movement 
     by a water carrier,'' after ``carrier''.
       On page 408, line 7, strike ``13102(9)(A),'' and insert 
     ``13102(9)(A)(i),''.
       On page 485, between lines 7 and 8, insert the following:

     SEC. 525. FIBER DRUM PACKAGING.

       (a) In General.--In the administration of chapter 51 of 
     title 49, United States Code, the Secretary of Transportation 
     shall issue a final rule within 60 days after the date of 
     enactment of this Act authorizing the continued use of fiber 
     drum packaging with a removable head for the transportation 
     of liquid hazardous materials if--
       (1) the packaging is in compliance with regulations of the 
     Secretary under the Hazardous Materials Transportation Act as 
     such Act was in effect before October 1, 1991;
       (2) the packaging will not be used for the transportation 
     of hazardous materials that include materials which are 
     poisonous by inhalation; and
       (3) the packaging will not be used in the transportation of 
     hazardous materials from a point in the United States to a 
     point outside the United States, or from a point outside the 
     United States to a point inside the United States.
       (b) Hazardous Materials Transportation Authorization Act of 
     1994.--Section 122 of the Hazardous Materials Transportation 
     Authorization Act of 1994 (49 U.S.C. 5101 note) is repealed.

     SEC. 526. TERMINATION OF CERTAIN MARITIME AUTHORITY.

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

     SEC. 527. CERTAIN COMMERCIAL SPACE LAUNCH ACTIVITIES.

       The licensing of a launch vehicle or launch site operator 
     (including any amendment, extension, or removal of the 
     license) under chapter 701 of title 49, United States Code, 
     shall not be considered a major Federal action for purposes 
     of section 102(C) of the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4332(C)) if--
       (1) the Department of the Army has issued a permit for the 
     activity; and
       (2) the Army Corps of Engineers has found that the activity 
     has no significant impact.

     SEC. 528. USE OF HIGHWAY FUNDS FOR AMTRAK-RELATED PROJECTS 
                   AND ACTIVITIES.

       Notwithstanding any other provision of law, the State of 
     Vermont may use any unobligated funds apportioned to the 
     State under section 104 of title 23, United States Code, to 
     fund projects and activities related to the provision of rail 
     passenger service on Amtrak within that State.

     SEC. 529. VIOLATION OF GRADE-CROSSING LAWS AND REGULATIONS.

       (a) Federal Regulations.--Section 31310 is amended by 
     adding at the end thereof the following:
       ``(h) Grade-crossing Violations.--
       ``(1) Sanctions.--The Secretary shall issue regulations 
     establishing sanctions and penalties relating to violations, 
     by persons operating commercial motor vehicles, of laws and 
     regulations pertaining to railroad-highway grade crossings.
       ``(2) Minimum requirements.--The regulations issued under 
     paragraph (1) shall, at a minimum, require that--
       ``(A) the penalty for a single violation is not less than a 
     60-day disqualification of the driver's commercial driver's 
     license; and
       ``(B) any employer that knowingly allows, permits, 
     authorized, or requires an employee to operate a commercial 
     motor vehicle in violation of such a law or regulation shall 
     be subject to a civil penalty of not more than $10,000.''.
       (b) Deadline.--The initial regulations required under 
     section 31310(h) of title 49, United States Code, shall be 
     issued not later than one year after the date of enactment of 
     this Act.
       (c) State Regulations.--Section 31311(a) is amended by 
     adding at the end thereof the following:
       ``(18) The State shall adopt and enforce regulations 
     prescribed by the Secretary under section 31310(h) of this 
     title.''.
       Amend the table of sections by inserting the following 
     after the item relating to section 216 of the bill:

Sec. 217. Transport vehicles for off-road, competition vehicles........

       Amend the table of sections by inserting the following 
     after the item relating to section 524 of the bill:

Sec. 525. Fiber drum packaging.........................................
Sec. 526. Termination of certain maritime authority....................
Sec. 527. Certain commercial space launch activities...................
Sec. 528. Use of highway funds for Amtrak-related projects and 
    activities.........................................................
Sec. 529. Violation of grade-crossing laws and regulations.............
  The PRESIDING OFFICER. If there is no objection, the amendment is 
agreed to.
  So the amendment (No. 3063) was agreed to.
  Mr. PRESSLER. And considered as original text.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. PRESSLER. Madam President, it is my strongest desire or request, 
if Senators have amendments, that they bring them to the floor or give 
us notification. I would like to make a motion, if the Senator from 
Nebraska agrees, that this bill pass. As far as I know, on this side of 
the aisle, I do not believe we have been notified of any amendments, 
but I am ready to go. Of course, I want to preserve the rights of all 
Senators.
  Mr. EXON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Nebraska.
  Mr. EXON. Madam President, I thank the chairman of the committee. I 
will simply say to him that I believe this bill can be moved rather 
promptly. If there are any Senators wishing to offer amendments, I 
suggest this be the final notice to them to appear now or forever hold 
your peace, and by that, I mean I will certainly suggest the absence of 
a quorum in just a moment and then possibly the chairman and myself 
could confer. If we have no appearance of anyone or advised by anyone 
wishing to offer an amendment, we might check with the majority leader 
and minority leader and consider going to third reading.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. EXON. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. EXON. Madam President, I understand the Senator from Washington 
wishes to ask unanimous consent to go into morning business for a short 
period of time. Neither the manager nor myself have any objections to 
that.
  I will say that this is the last appeal that this Senator is going to 
make for anyone that has an amendment on this bill, please come to the 
Senate now, or I suggest the Senate may set a model for doing things in 
the future. If we would go quickly, maybe after the remarks by the 
Senator from Washington, to final reading, if no one is here to offer 
an amendment.
  Mr. PRESSLER. Madam President, I do not want to hold anyone up, but I 
join my friend in that effort. I know at my party caucus today--if I 
may admit that we have caucuses--I did announce we were starting this 
bill at 2:15 and asked anyone who had amendments to please be here.
  We do not know of any amendments. We are ready to pass this bill. If 
any Senator or anybody listening within 

[[Page S 17584]]
the reach of my voice knows of any amendment, please call the hotline 
now or we will pass this bill in a few minutes.
  Mr. EXON. May I add, Madam President, please come forward now or 
forever hold your peace. Thank you.
  Mr. GORTON. Madam President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER (Mr. Kempthorne). Without objection, it is so 
ordered.

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