[Congressional Record Volume 141, Number 203 (Monday, December 18, 1995)]
[House]
[Pages H14993-H15056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      CONFERENCE REPORT ON H.R. 2539, ICC TERMINATION ACT OF 1995

  Mr. SHUSTER submitted the following conference report and statement 
on the bill (H.R. 2539) to abolish the Interstate Commerce Commission, 
to amend subtitle IV of title 49, United States Code, to reform 
economic regulation of transportation, and for other purposes:

                  Conference Report (H. Rept. 104-422)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2539) to abolish the Interstate Commerce Commission, to amend 
     subtitle IV of title 49, United States Code, to reform 
     economic regulation of transportation, and for other 
     purposes, having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``ICC 
     Termination Act of 1995''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Effective date.

          TITLE I--ABOLITION OF INTERSTATE COMMERCE COMMISSION

Sec. 101. Abolition.
Sec. 102. Rail provisions.
Sec. 103. Motor carrier, water carrier, and freight forwarder 
              provisions.
Sec. 104. Miscellaneous motor carrier provisions.
Sec. 105. Creditability of annual leave for purposes of meeting minimum 
              eligibility requirements for an immediate annuity.
Sec. 106. Pipeline carrier provisions.

                 TITLE II--SURFACE TRANSPORTATION BOARD

Sec. 201. Title 49 amendment.
Sec. 202. Reorganization.
Sec. 203. Transfer of assets and personnel.
Sec. 204. Saving provisions.
Sec. 205. References.

                    TITLE III--CONFORMING AMENDMENTS

              Subtitle A--Amendments to United States Code

Sec. 301. Title 5 amendments.
Sec. 302. Title 11 amendments.
Sec. 303. Title 18 amendments.
Sec. 304. Internal Revenue Code of 1986 amendments.
Sec. 305. Title 28 amendments.
Sec. 306. Title 31 amendments.
Sec. 307. Title 39 amendments.
Sec. 308. Title 49 amendments.

                      Subtitle B--Other Amendments

Sec. 311. Agricultural Adjustment Act of 1938 amendments.
Sec. 312. Animal Welfare Act amendment.
Sec. 313. Federal Election Campaign Act of 1971 amendments.
Sec. 314. Fair Credit Reporting Act amendment.
Sec. 315. Equal Credit Opportunity Act amendment.
Sec. 316. Fair Debt Collection Practices Act amendment.
Sec. 317. National Trails System Act amendments.
Sec. 318. Clayton Act amendments.
Sec. 319. Inspector General Act of 1978 amendment.
Sec. 320. Energy Policy Act of 1992 amendments.
Sec. 321. Merchant Marine Act, 1920, amendments.
Sec. 322. Railway Labor Act amendments.
Sec. 323. Railroad Retirement Act of 1974 amendments.
Sec. 324. Railroad Unemployment Insurance Act amendments.
Sec. 325. Emergency Rail Services Act of 1970 amendments.
Sec. 326. Alaska Railroad Transfer Act of 1982 amendments.
Sec. 327. Regional Rail Reorganization Act of 1973 amendments.
Sec. 328. Milwaukee Railroad Restructuring Act amendment.
Sec. 329. Rock Island Railroad Transition and Employee Assistance Act 
              amendments.
Sec. 330. Railroad Revitalization and Regulatory Reform Act of 1976 
              amendments.
Sec. 331. Northeast Rail Service Act of 1981 amendments.
Sec. 332. Conrail Privatization Act amendment.
Sec. 333. Migrant and Seasonal Agricultural Worker Protection Act 
              amendments.
Sec. 334. Federal Aviation Administration Authorization Act of 1994.
Sec. 335. Termination of certain maritime authority.
Sec. 336. Armored Car Industry Reciprocity Act of 1993 amendments.
Sec. 337. Labor Management Relations Act, 1947 amendment.
Sec. 338. Inlands Waterway Revenue Act of 1978 amendment.
Sec. 339. Noise Control Act of 1972 amendment.
Sec. 340. Fair Labor Standards Act of 1938 amendment.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Certain commercial space launch activities.
Sec. 402. Destruction of motor vehicles or motor vehicle facilities; 
              wrecking trains.
Sec. 403. Violation of grade-crossing laws and regulations.
Sec. 404. Miscellaneous title 23 amendments.
Sec. 405. Technical amendments.
Sec. 406. Fiber drum packaging.
Sec. 407. Noncontiguous domestic trade study.
Sec. 408. Federal Highway Administration rulemaking.

     SEC. 2. EFFECTIVE DATE.

       Except as otherwise provided in this Act, this Act shall 
     take effect on January 1, 1996.
          TITLE I--ABOLITION OF INTERSTATE COMMERCE COMMISSION

     SEC. 101. ABOLITION.

       The Interstate Commerce Commission is abolished.

     SEC. 102. RAIL PROVISIONS.

       (a) Amendment.--Subtitle IV of title 49, United States 
     Code, is amended to read as follows:

                ``SUBTITLE IV--INTERSTATE TRANSPORTATION

                             ``PART A--RAIL

``Chapter                                                          Sec.
``101. GENERAL PROVISIONS.........................................10101
``105. JURISDICTION...............................................10501
``107. RATES......................................................10701
``109. LICENSING..................................................10901
``111. OPERATIONS.................................................11101
``113. FINANCE....................................................11301
``115. FEDERAL-STATE RELATIONS....................................11501
``117. ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES..........11701
``119. CIVIL AND CRIMINAL PENALTIES...............................11901

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

``Chapter                                                          Sec.
``131. GENERAL PROVISIONS.........................................13101
``133. ADMINISTRATIVE PROVISIONS..................................13301
``135. JURISDICTION...............................................13501
``137. RATES AND THROUGH ROUTES...................................13701
``139. REGISTRATION...............................................13901
``141. OPERATIONS OF CARRIERS.....................................14101
``143. FINANCE....................................................14301

[[Page H14994]]

``145. FEDERAL-STATE RELATIONS....................................14501
``147. ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES..............14701
``149. CIVIL AND CRIMINAL PENALTIES...............................14901

                      ``PART C--PIPELINE CARRIERS

``Chapter                                                          Sec.
``151. GENERAL PROVISIONS.........................................15101
``153. JURISDICTION...............................................15301
``155. RATES AND TARIFFS..........................................15501
``157. OPERATIONS OF CARRIERS.....................................15701
``159. ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES..........15901
``161. CIVIL AND CRIMINAL PENALTIES...............................16101

                             ``PART A--RAIL

                   ``CHAPTER 101--GENERAL PROVISIONS

``Sec.
``10101. Rail transportation policy.
``10102. Definitions.

     ``Sec. 10101. Rail transportation policy

       ``In regulating the railroad industry, it is the policy of 
     the United States Government--
       ``(1) to allow, to the maximum extent possible, competition 
     and the demand for services to establish reasonable rates for 
     transportation by rail;
       ``(2) to minimize the need for Federal regulatory control 
     over the rail transportation system and to require fair and 
     expeditious regulatory decisions when regulation is required;
       ``(3) to promote a safe and efficient rail transportation 
     system by allowing rail carriers to earn adequate revenues, 
     as determined by the Board;
       ``(4) to ensure the development and continuation of a sound 
     rail transportation system with effective competition among 
     rail carriers and with other modes, to meet the needs of the 
     public and the national defense;
       ``(5) to foster sound economic conditions in transportation 
     and to ensure effective competition and coordination between 
     rail carriers and other modes;
       ``(6) to maintain reasonable rates where there is an 
     absence of effective competition and where rail rates provide 
     revenues which exceed the amount necessary to maintain the 
     rail system and to attract capital;
       ``(7) to reduce regulatory barriers to entry into and exit 
     from the industry;
       ``(8) to operate transportation facilities and equipment 
     without detriment to the public health and safety;
       ``(9) to encourage honest and efficient management of 
     railroads;
       ``(10) to require rail carriers, to the maximum extent 
     practicable, to rely on individual rate increases, and to 
     limit the use of increases of general applicability;
       ``(11) to encourage fair wages and safe and suitable 
     working conditions in the railroad industry;
       ``(12) to prohibit predatory pricing and practices, to 
     avoid undue concentrations of market power, and to prohibit 
     unlawful discrimination;
       ``(13) to ensure the availability of accurate cost 
     information in regulatory proceedings, while minimizing the 
     burden on rail carriers of developing and maintaining the 
     capability of providing such information;
       ``(14) to encourage and promote energy conservation; and
       ``(15) to provide for the expeditious handling and 
     resolution of all proceedings required or permitted to be 
     brought under this part.

     ``Sec. 10102. Definitions

       ``In this part--
       ``(1) `Board' means the Surface Transportation Board;
       ``(2) `car service' includes (A) the use, control, supply, 
     movement, distribution, exchange, interchange, and return of 
     locomotives, cars, other vehicles, and special types of 
     equipment used in the transportation of property by a rail 
     carrier, and (B) the supply of trains by a rail carrier;
       ``(3) `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;
       ``(4) `person', in addition to its meaning under section 1 
     of title 1, includes a trustee, receiver, assignee, or 
     personal representative of a person;
       ``(5) `rail carrier' means a person providing common 
     carrier railroad transportation for compensation, but does 
     not include street, suburban, or interurban electric railways 
     not operated as part of the general system of rail 
     transportation;
       ``(6) `railroad' includes--
       ``(A) a bridge, car float, lighter, ferry, and intermodal 
     equipment used by or in connection with a railroad;
       ``(B) the road used by a rail carrier and owned by it or 
     operated under an agreement; and
       ``(C) a switch, spur, track, terminal, terminal facility, 
     and a freight depot, yard, and ground, used or necessary for 
     transportation;
       ``(7) `rate' means a rate or charge for transportation;
       ``(8) `State' means a State of the United States and the 
     District of Columbia;
       ``(9) `transportation' includes--
       ``(A) a locomotive, car, vehicle, vessel, warehouse, wharf, 
     pier, dock, yard, property, facility, instrumentality, or 
     equipment of any kind related to the movement of passengers 
     or property, or both, by rail, regardless of ownership or an 
     agreement concerning use; and
       ``(B) services related to that movement, including receipt, 
     delivery, elevation, transfer in transit, refrigeration, 
     icing, ventilation, storage, handling, and interchange of 
     passengers and property; and
       ``(10) `United States' means the States of the United 
     States and the District of Columbia.

                      ``CHAPTER 105--JURISDICTION

``Sec.
``10501. General jurisdiction.
``10502. Authority to exempt rail carrier transportation.

     ``Sec. 10501. General jurisdiction

       ``(a)(1) Subject to this chapter, the Board has 
     jurisdiction over transportation by rail carrier that is--
       ``(A) only by railroad; or
       ``(B) by railroad and water, when the transportation is 
     under common control, management, or arrangement for a 
     continuous carriage or shipment.
       ``(2) Jurisdiction under paragraph (1) applies only to 
     transportation in the United States between a place in--
       ``(A) a State and a place in the same or another State as 
     part of the interstate rail network;
       ``(B) a State and a place in a territory or possession of 
     the United States;
       ``(C) a territory or possession of the United States and a 
     place in another such territory or possession;
       ``(D) a territory or possession of the United States and 
     another place in the same territory or possession;
       ``(E) the United States and another place in the United 
     States through a foreign country; or
       ``(F) the United States and a place in a foreign country.
       ``(b) The jurisdiction of the Board over--
       ``(1) transportation by rail carriers, and the remedies 
     provided in this part with respect to rates, classifications, 
     rules (including car service, interchange, and other 
     operating rules), practices, routes, services, and facilities 
     of such carriers; and
       ``(2) the construction, acquisition, operation, 
     abandonment, or discontinuance of spur, industrial, team, 
     switching, or side tracks, or facilities, even if the tracks 
     are located, or intended to be located, entirely in one 
     State,

     is exclusive. Except as otherwise provided in this part, the 
     remedies provided under this part with respect to regulation 
     of rail transportation are exclusive and preempt the remedies 
     provided under Federal or State law.
       ``(c)(1) In this subsection--
       ``(A) the term `local governmental authority'--
       ``(i) has the same meaning given that term by section 
     5302(a) of this title; and
       ``(ii) includes a person or entity that contracts with the 
     local governmental authority to provide transportation 
     services; and
       ``(B) the term `mass transportation' means transportation 
     services described in section 5302(a) of this title that are 
     provided by rail.
       ``(2) Except as provided in paragraph (3), the Board does 
     not have jurisdiction under this part over mass 
     transportation provided by a local governmental authority.
       ``(3)(A) Notwithstanding paragraph (2) of this subsection, 
     a local governmental authority, described in paragraph (2), 
     is subject to applicable laws of the United States related 
     to--
       ``(i) safety;
       ``(ii) the representation of employees for collective 
     bargaining; and
       ``(iii) employment retirement, annuity, and unemployment 
     systems or other provisions related to dealings between 
     employees and employers.
       ``(B) The Board has jurisdiction under sections 11102 and 
     11103 of this title over transportation provided by a local 
     governmental authority only if the Board finds that such 
     governmental authority meets all of the standards and 
     requirements for being a rail carrier providing 
     transportation subject to the jurisdiction of the Interstate 
     Commerce Commission that were in effect immediately before 
     the effective date of the ICC Termination Act of 1995. The 
     enactment of the ICC Termination Act of 1995 shall neither 
     expand nor contract coverage of employees and employers by 
     the Railway Labor Act, the Railroad Retirement Act of 1974, 
     the Railroad Retirement Tax Act, and the Railroad 
     Unemployment Insurance Act.

     ``Sec. 10502. Authority to exempt rail carrier transportation

       ``(a) In a matter related to a rail carrier providing 
     transportation subject to the jurisdiction of the Board under 
     this part, the Board, to the maximum extent consistent with 
     this part, shall exempt a person, class of persons, or a 
     transaction or service whenever the Board finds that the 
     application in whole or in part of a provision of this part--
       ``(1) is not necessary to carry out the transportation 
     policy of section 10101 of this title; and
       ``(2) either--
       ``(A) the transaction or service is of limited scope; or
       ``(B) the application in whole or in part of the provision 
     is not needed to protect shippers from the abuse of market 
     power.
       ``(b) The Board may, where appropriate, begin a proceeding 
     under this section on its own initiative or on application by 
     the Secretary of Transportation or an interested party. The 
     Board shall, within 90 days after receipt of any such 
     application, determine whether to begin an appropriate 
     proceeding. If the Board decides not to begin a class 
     exemption proceeding, the reasons for the decision shall be 
     published in the Federal Register. Any proceeding begun as a 
     result of an application under this subsection 


[[Page H14995]]
     shall be completed within 9 months after it is begun.
       ``(c) The Board may specify the period of time during which 
     an exemption granted under this section is effective.
       ``(d) The Board may revoke an exemption, to the extent it 
     specifies, when it finds that application in whole or in part 
     of a provision of this part to the person, class, or 
     transportation is necessary to carry out the transportation 
     policy of section 10101 of this title. The Board shall, 
     within 90 days after receipt of a request for revocation 
     under this subsection, determine whether to begin an 
     appropriate proceeding. If the Board decides not to begin a 
     proceeding to revoke a class exemption, the reasons for the 
     decision shall be published in the Federal Register. Any 
     proceeding begun as a result of a request under this 
     subsection shall be completed within 9 months after it is 
     begun.
       ``(e) No exemption order issued pursuant to this section 
     shall operate to relieve any rail carrier from an obligation 
     to provide contractual terms for liability and claims which 
     are consistent with the provisions of section 11706 of this 
     title. Nothing in this subsection or section 11706 of this 
     title shall prevent rail carriers from offering alternative 
     terms nor give the Board the authority to require any 
     specific level of rates or services based upon the provisions 
     of section 11706 of this title.
       ``(f) The Board may exercise its authority under this 
     section to exempt transportation that is provided by a rail 
     carrier as part of a continuous intermodal movement.
       ``(g) The Board may not exercise its authority under this 
     section to relieve a rail carrier of its obligation to 
     protect the interests of employees as required by this part.

                          ``CHAPTER 107--RATES

                   ``SUBCHAPTER I--GENERAL AUTHORITY

``Sec.
``10701. Standards for rates, classifications, through routes, rules, 
              and practices.
``10702. Authority for rail carriers to establish rates, 
              classifications, rules, and practices.
``10703. Authority for rail carriers to establish through routes.
``10704. Authority and criteria: rates, classifications, rules, and 
              practices prescribed by Board.
``10705. Authority: through routes, joint classifications, rates, and 
              divisions prescribed by Board.
``10706. Rate agreements: exemption from antitrust laws.
``10707. Determination of market dominance in rail rate proceedings.
``10708. Rail cost adjustment factor.
``10709. Contracts.

                 ``SUBCHAPTER II--SPECIAL CIRCUMSTANCES

``10721. Government traffic.
``10722. Car utilization.

                     ``SUBCHAPTER III--LIMITATIONS

``10741. Prohibitions against discrimination by rail carriers.
``10742. Facilities for interchange of traffic.
``10743. Liability for payment of rates.
``10744. Continuous carriage of freight.
``10745. Transportation services or facilities furnished by shipper.
``10746. Demurrage charges.
``10747. Designation of certain routes by shippers.

                   ``SUBCHAPTER I--GENERAL AUTHORITY

     ``Sec. 10701. Standards for rates, classifications, through 
       routes, rules, and practices

       ``(a) A through route established by a rail carrier must be 
     reasonable. Divisions of joint rates by rail carriers must be 
     made without unreasonable discrimination against a 
     participating carrier and must be reasonable.
       ``(b) A rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part may not 
     discriminate in its rates against a connecting line of 
     another rail carrier providing transportation subject to the 
     jurisdiction of the Board under this part or unreasonably 
     discriminate against that line in the distribution of traffic 
     that is not routed specifically by the shipper.
       ``(c) Except as provided in subsection (d) of this section 
     and unless a rate is prohibited by a provision of this part, 
     a rail carrier providing transportation subject to the 
     jurisdiction of the Board under this part may establish any 
     rate for transportation or other service provided by the rail 
     carrier.
       ``(d)(1) If the Board determines, under section 10707 of 
     this title, that a rail carrier has market dominance over the 
     transportation to which a particular rate applies, the rate 
     established by such carrier for such transportation must be 
     reasonable.
       ``(2) In determining whether a rate established by a rail 
     carrier is reasonable for purposes of this section, the Board 
     shall give due consideration to--
       ``(A) the amount of traffic which is transported at 
     revenues which do not contribute to going concern value and 
     the efforts made to minimize such traffic;
       ``(B) 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
       ``(C) the carrier's mix of rail traffic to determine 
     whether one commodity is paying an unreasonable share of the 
     carrier's overall revenues,

     recognizing the policy of this part that rail carriers shall 
     earn adequate revenues, as established by the Board under 
     section 10704(a)(2) of this title.
       ``(3) The Board shall, within one year after the effective 
     date of this paragraph, complete the pending Interstate 
     Commerce Commission non-coal rate guidelines proceeding to 
     establish a simplified and expedited method for determining 
     the reasonableness of challenged rail rates in those cases in 
     which a full stand-alone cost presentation is too costly, 
     given the value of the case.

     ``Sec. 10702. Authority for rail carriers to establish rates, 
       classifications, rules, and practices

       ``A rail carrier providing transportation or service 
     subject to the jurisdiction of the Board under this part 
     shall establish reasonable--
       ``(1) rates, to the extent required by section 10707, 
     divisions of joint rates, and classifications for 
     transportation and service it may provide under this part; 
     and
       ``(2) rules and practices on matters related to that 
     transportation or service.

     ``Sec. 10703. Authority for rail carriers to establish 
       through routes

       ``Rail carriers providing transportation subject to the 
     jurisdiction of the Board under this part shall establish 
     through routes (including physical connections) with each 
     other and with water carriers providing transportation 
     subject to chapter 137, shall establish rates and 
     classifications applicable to those routes, and shall 
     establish rules for their operation and provide--
       ``(1) reasonable facilities for operating the through 
     route; and
       ``(2) reasonable compensation to persons entitled to 
     compensation for services related to the through route.

     ``Sec. 10704. Authority and criteria: rates, classifications, 
       rules, and practices prescribed by Board

       ``(a)(1) When the Board, after a full hearing, decides that 
     a rate charged or collected by a rail carrier for 
     transportation subject to the jurisdiction of the Board under 
     this part, or that a classification, rule, or practice of 
     that carrier, does or will violate this part, the Board may 
     prescribe the maximum rate, classification, rule, or practice 
     to be followed. The Board may order the carrier to stop the 
     violation. When a rate, classification, rule, or practice is 
     prescribed under this subsection, the affected carrier may 
     not publish, charge, or collect a different rate and shall 
     adopt the classification and observe the rule or practice 
     prescribed by the Board.
       ``(2) The Board shall maintain and revise as necessary 
     standards and procedures for establishing revenue levels for 
     rail carriers providing transportation subject to its 
     jurisdiction under this part that are adequate, under honest, 
     economical, and efficient management, to cover total 
     operating expenses, including depreciation and obsolescence, 
     plus a reasonable and economic profit or return (or both) on 
     capital employed in the business. The Board shall make an 
     adequate and continuing effort to assist those carriers in 
     attaining revenue levels prescribed under this paragraph. 
     Revenue levels established under this paragraph should--
       ``(A) provide a flow of net income plus depreciation 
     adequate to support prudent capital outlays, assure the 
     repayment of a reasonable level of debt, permit the raising 
     of needed equity capital, and cover the effects of inflation; 
     and
       ``(B) attract and retain capital in amounts adequate to 
     provide a sound transportation system in the United States.
       ``(3) On the basis of the standards and procedures 
     described in paragraph (2), the Board shall annually 
     determine which rail carriers are earning adequate revenues.
       ``(b) The Board may begin a proceeding under this section 
     only on complaint. A complaint under subsection (a) of this 
     section must be made under section 11701 of this title, but 
     the proceeding may also be in extension of a complaint 
     pending before the Board.
       ``(c) In a proceeding to challenge the reasonableness of a 
     rate, the Board shall make its determination as to the 
     reasonableness of the challenged rate--
       ``(1) within 9 months after the close of the administrative 
     record if the determination is based upon a stand-alone cost 
     presentation; or
       ``(2) within 6 months after the close of the administrative 
     record if the determination is based upon the methodology 
     adopted by the Board pursuant to section 10701(d)(3).
       ``(d) Within 9 months after the effective date of the ICC 
     Termination Act of 1995, the 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 
     exemption or revocation proceedings, including appropriate 
     sanctions for such delay, and for ensuring prompt disposition 
     of motions and interlocutory administrative appeals.

     ``Sec. 10705. Authority: through routes, joint 
       classifications, rates, and divisions prescribed by Board

       ``(a)(1) The Board may, and shall when it considers it 
     desirable in the public interest, prescribe through routes, 
     joint classifications, joint rates, the division of joint 
     rates, and the conditions under which those routes must be 
     operated, for a rail carrier providing transportation subject 
     to the jurisdiction of the Board under this part.
       ``(2) The Board may require a rail carrier to include in a 
     through route substantially less than the entire length of 
     its railroad and any intermediate railroad operated with it 
     under common management or control if that intermediate 
     railroad lies between the terminals of the through route only 
     when--
       ``(A) required under section 10741, 10742, or 11102 of this 
     title;
       ``(B) inclusion of those lines would make the through route 
     unreasonably long when compared with a practicable 
     alternative through route that could be established; or
     
[[Page H14996]]

       ``(C) the Board decides that the proposed through route is 
     needed to provide adequate, and more efficient or economic, 
     transportation.

     The Board shall give reasonable preference, subject to this 
     subsection, to the rail carrier originating the traffic when 
     prescribing through routes.
       ``(b) The Board shall prescribe the division of joint rates 
     to be received by a rail carrier providing transportation 
     subject to its jurisdiction under this part when it decides 
     that a division of joint rates established by the 
     participating carriers under section 10703 of this title, or 
     under a decision of the Board under subsection (a) of this 
     section, does or will violate section 10701 of this title.
       ``(c) If a division of a joint rate prescribed under a 
     decision of the Board is later found to violate section 10701 
     of this title, the Board may decide what division would have 
     been reasonable and order adjustment to be made retroactive 
     to the date the complaint was filed, the date the order for 
     an investigation was made, or a later date that the Board 
     decides is justified. The Board may make a decision under 
     this subsection effective as part of its original decision.

     ``Sec. 10706. Rate agreements: exemption from antitrust laws

       ``(a)(1) In this subsection--
       ``(A) the term `affiliate' means a person controlling, 
     controlled by, or under common control or ownership with 
     another person and `ownership' refers to equity holdings in a 
     business entity of at least 5 percent;
       ``(B) the term `single-line rate' refers to a rate or 
     allowance proposed by a single rail carrier that is 
     applicable only over its line and for which the 
     transportation (exclusive of terminal services by switching, 
     drayage or other terminal carriers or agencies) can be 
     provided by that carrier; and
       ``(C) the term `practicably participates in the movement' 
     shall have such meaning as the Board shall by regulation 
     prescribe.
       ``(2)(A) A rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part that is a party 
     to an agreement of at least 2 rail carriers that relates to 
     rates (including charges between rail carriers and 
     compensation paid or received for the use of facilities and 
     equipment), classifications, divisions, or rules related to 
     them, or procedures for joint consideration, initiation, 
     publication, or establishment of them, shall apply to the 
     Board for approval of that agreement under this subsection. 
     The Board shall approve the agreement only when it finds that 
     the making and carrying out of the agreement will further the 
     transportation policy of section 10101 of this title and may 
     require compliance with conditions necessary to make the 
     agreement further that policy as a condition of its approval. 
     If the Board approves the agreement, it may be made and 
     carried out under its terms and under the conditions required 
     by the Board, and the Sherman Act (15 U.S.C. 1, et seq.), the 
     Clayton Act (15 U.S.C. 12, et seq.), the Federal Trade 
     Commission Act (15 U.S.C. 41, et seq.), sections 73 and 74 of 
     the Wilson Tariff Act (15 U.S.C. 8 and 9), and the Act of 
     June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) do not apply to 
     parties and other persons with respect to making or carrying 
     out the agreement. However, the Board may not approve or 
     continue approval of an agreement when the conditions 
     required by it are not met or if it does not receive a 
     verified statement under subparagraph (B) of this paragraph.
       ``(B) The Board may approve an agreement under subparagraph 
     (A) of this paragraph only when the rail carriers applying 
     for approval file a verified statement with the Board. Each 
     statement must specify for each rail carrier that is a party 
     to the agreement--
       ``(i) the name of the carrier;
       ``(ii) the mailing address and telephone number of its 
     headquarter's office; and
       ``(iii) the names of each of its affiliates and the names, 
     addresses, and affiliates of each of its officers and 
     directors and of each person, together with an affiliate, 
     owning or controlling any debt, equity, or security interest 
     in it having a value of at least $1,000,000.
       ``(3)(A) An organization established or continued under an 
     agreement approved under this subsection shall make a final 
     disposition of a rule or rate docketed with it by the 120th 
     day after the proposal is docketed. Such an organization may 
     not--
       ``(i) permit a rail carrier to discuss, to participate in 
     agreements related to, or to vote on single-line rates 
     proposed by another rail carrier, except that for purposes of 
     general rate increases and broad changes in rates, 
     classifications, rules, and practices only, if the Board 
     finds at any time that the implementation of this clause is 
     not feasible, it may delay or suspend such implementation in 
     whole or in part;
       ``(ii) permit a rail carrier to discuss, to participate in 
     agreements related to, or to vote on rates related to a 
     particular interline movement unless that rail carrier 
     practicably participates in the movement; or
       ``(iii) if there are interline movements over two or more 
     routes between the same end points, permit a carrier to 
     discuss, to participate in agreements related to, or to vote 
     on rates except with a carrier which forms part of a 
     particular single route. If the Board finds at any time that 
     the implementation of this clause is not feasible, it may 
     delay or suspend such implementation in whole or in part.
       ``(B)(i) In any proceeding in which a party alleges that a 
     rail carrier voted or agreed on a rate or allowance in 
     violation of this subsection, that party has the burden of 
     showing that the vote or agreement occurred. A showing of 
     parallel behavior does not satisfy that burden by itself.
       ``(ii) In any proceeding in which it is alleged that a 
     carrier was a party to an agreement, conspiracy, or 
     combination in violation of a Federal law cited in subsection 
     (a)(2)(A) of this section or of any similar State law, proof 
     of an agreement, conspiracy, or combination may not be 
     inferred from evidence that two or more rail carriers acted 
     together with respect to an interline rate or related matter 
     and that a party to such action took similar action with 
     respect to a rate or related matter on another route or 
     traffic. In any proceeding in which such a violation is 
     alleged, evidence of a discussion or agreement between or 
     among such rail carrier and one or more other rail carriers, 
     or of any rate or other action resulting from such discussion 
     or agreement, shall not be admissible if the discussion or 
     agreement--
       ``(I) was in accordance with an agreement approved under 
     paragraph (2) of this subsection; or
       ``(II) concerned an interline movement of the rail carrier, 
     and the discussion or agreement would not, considered by 
     itself, violate the laws referred to in the first sentence of 
     this clause.

     In any proceeding before a jury, the court shall determine 
     whether the requirements of subclause (I) or (II) are 
     satisfied before allowing the introduction of any such 
     evidence.
       ``(C) An organization described in subparagraph (A) of this 
     paragraph shall provide that transcripts or sound recordings 
     be made of all meetings, that records of votes be made, and 
     that such transcripts or recordings and voting records be 
     submitted to the Board and made available to other Federal 
     agencies in connection with their statutory responsibilities 
     over rate bureaus, except that such material shall be kept 
     confidential and shall not be subject to disclosure under 
     section 552 of title 5, United States Code.
       ``(4) Notwithstanding any other provision of this 
     subsection, one or more rail carriers may enter into an 
     agreement, without obtaining prior Board approval, that 
     provides solely for compilation, publication, and other 
     distribution of rates in effect or to become effective. The 
     Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 
     12 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 
     et seq.), sections 73 and 74 of the Wilson Tariff Act (15 
     U.S.C. 8 and 9), and the Act of June 19, 1936 (15 U.S.C. 13, 
     13a, 13b, 21a) shall not apply to parties and other persons 
     with respect to making or carrying out such agreement. 
     However, the Board may, upon application or on its own 
     initiative, investigate whether the parties to such an 
     agreement have exceeded its scope, and upon a finding that 
     they have, the Board may issue such orders as are necessary, 
     including an order dissolving the agreement, to ensure that 
     actions taken pursuant to the agreement are limited as 
     provided in this paragraph.
       ``(5)(A) Whenever two or more shippers enter into an 
     agreement to discuss among themselves that relates to the 
     amount of compensation such shippers propose to be paid by 
     rail carriers providing transportation subject to the 
     jurisdiction of the Board under this part, for use by such 
     rail carriers of rolling stock owned or leased by such 
     shippers, the shippers shall apply to the Board for approval 
     of that agreement under this paragraph. The Board shall 
     approve the agreement only when it finds that the making and 
     carrying out of the agreement will further the transportation 
     policy set forth in section 10101 of this title and may 
     require compliance with conditions necessary to make the 
     agreement further that policy as a condition of approval. If 
     the Board approves the agreement, it may be made and carried 
     out under its terms and under the terms required by the 
     Board, and the antitrust laws set forth in paragraph (2) of 
     this subsection do not apply to parties and other persons 
     with respect to making or carrying out the agreement. The 
     Board shall approve or disapprove an agreement under this 
     paragraph within one year after the date application for 
     approval of such agreement is made.
       ``(B) If the Board approves an agreement described in 
     subparagraph (A) of this paragraph and the shippers entering 
     into such agreement and the rail carriers proposing to use 
     rolling stock owned or leased by such shippers, under payment 
     by such carriers or under a published allowance, are unable 
     to agree upon the amount of compensation to be paid for the 
     use of such rolling stock, any party directly involved in the 
     negotiations may require that the matter be settled by 
     submitting the issues in dispute to the Board. The Board 
     shall render a binding decision, based upon a standard of 
     reasonableness and after taking into consideration any past 
     precedents on the subject matter of the negotiations, no 
     later than 90 days after the date of the submission of the 
     dispute to the Board.
       ``(C) Nothing in this paragraph shall be construed to 
     change the law in effect prior to the effective date of the 
     Staggers Rail Act of 1980 with respect to the obligation of 
     rail carriers to utilize rolling stock owned or leased by 
     shippers.
       ``(b) The Board may require an organization established or 
     continued under an agreement approved under this section to 
     maintain records and submit reports. The Board may inspect a 
     record maintained under this section.
       ``(c) The 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 and subsection (a). The Board 
     shall postpone the effective date of a change of an agreement 
     under this subsection for whatever period it determines to be 
     reasonably necessary to avoid unreasonable hardship.
       ``(d) The Board may begin a proceeding under this section 
     on its own initiative or on application. Action of the 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) of this section.
     
[[Page H14997]]

       ``(e)(1) The Federal Trade Commission, in consultation with 
     the Antitrust Division of the Department of Justice, shall 
     prepare periodically an assessment of, and shall report to 
     the Board on--
       ``(A) possible anticompetitive features of--
       ``(i) agreements approved or submitted for approval under 
     subsection (a) of this section; and
       ``(ii) an organization operating under those agreements; 
     and
       ``(B) possible ways to alleviate or end an anticompetitive 
     feature, effect, or aspect in a manner that will further the 
     goals of this part and of the transportation policy of 
     section 10101 of this title.
       ``(2) Reports received by the Board under this subsection 
     shall be published and made available to the public under 
     section 552(a) of title 5.

     ``Sec. 10707. Determination of market dominance in rail rate 
       proceedings

       ``(a) In this section, `market dominance' means an absence 
     of effective competition from other rail carriers or modes of 
     transportation for the transportation to which a rate 
     applies.
       ``(b) When a rate for transportation by a rail carrier 
     providing transportation subject to the jurisdiction of the 
     Board under this part is challenged as being unreasonably 
     high, the Board shall determine whether the rail carrier 
     proposing the rate has market dominance over the 
     transportation to which the rate applies. The Board may make 
     that determination on its own initiative or on complaint. A 
     finding by the Board that the rail carrier does not have 
     market dominance is determinative in a proceeding under this 
     part related to that rate or transportation unless changed or 
     set aside by the Board or set aside by a court of competent 
     jurisdiction.
       ``(c) When the Board finds in any proceeding that a rail 
     carrier proposing or defending a rate for transportation has 
     market dominance over the transportation to which the rate 
     applies, it may then determine that rate to be unreasonable 
     if it exceeds a reasonable maximum for that transportation. 
     However, a finding of market dominance does not establish a 
     presumption that the proposed rate exceeds a reasonable 
     maximum.
       ``(d)(1)(A) In making a determination under this section, 
     the 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.
       ``(B) For purposes of this section, variable costs for a 
     rail carrier shall be determined only by using such carrier's 
     unadjusted costs, calculated using the Uniform Rail Costing 
     System cost finding methodology (or an alternative 
     methodology adopted by the Board in lieu thereof) and indexed 
     quarterly to account for current wage and price levels in the 
     region in which the carrier operates, with adjustments 
     specified by the Board. A rail carrier may meet its burden of 
     proof under this subsection by establishing its variable 
     costs in accordance with this paragraph, but a shipper may 
     rebut that showing by evidence of such type, and in 
     accordance with such burden of proof, as the Board shall 
     prescribe.
       ``(2) A finding by the 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. 10708. Rail cost adjustment factor

       ``(a) The Board shall, as often as practicable, but in no 
     event less often than quarterly, publish a rail cost 
     adjustment factor which shall be a fraction, the numerator of 
     which is the latest published Index of Railroad Costs (which 
     index shall be compiled or verified by the Board, with 
     appropriate adjustments to reflect the change in composition 
     of railroad costs, including the quality and mix of material 
     and labor) and the denominator of which is the same index for 
     the fourth quarter of every fifth year, beginning with the 
     fourth quarter of 1992.
       ``(b) The rail cost adjustment factor published by the 
     Board under subsection (a) of this section shall take into 
     account changes in railroad productivity. The Board shall 
     also publish a similar index that does not take into account 
     changes in railroad productivity.

     ``Sec. 10709. Contracts

       ``(a) One or more rail carriers providing transportation 
     subject to the jurisdiction of the Board under this part may 
     enter into a contract with one or more purchasers of rail 
     services to provide specified services under specified rates 
     and conditions.
       ``(b) A party to a contract entered into under this section 
     shall have no duty in connection with services provided under 
     such contract other than those duties specified by the terms 
     of the contract.
       ``(c)(1) A contract that is authorized by this section, and 
     transportation under such contract, shall not be subject to 
     this part, and may not be subsequently challenged before the 
     Board or in any court on the grounds that such contract 
     violates a provision of this part.
       ``(2) The exclusive remedy for any alleged breach of a 
     contract entered into under this section shall be an action 
     in an appropriate State court or United States district 
     court, unless the parties otherwise agree. This section does 
     not confer original jurisdiction on the district courts of 
     the United States based on section 1331 or 1337 of title 28, 
     United States Code.
       ``(d)(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 Board, containing such 
     nonconfidential information as the Board prescribes. The 
     Board shall publish special rules for such contracts in order 
     to ensure that the essential terms of the contract are 
     available to the general public.
       ``(2) Documents, papers, and records (and any copies 
     thereof) relating to a contract described in subsection (a) 
     shall not be subject to the mandatory disclosure requirements 
     of section 552 of title 5.
       ``(e) Any lawful contract between a rail carrier and one or 
     more purchasers of rail service that was in effect on the 
     effective date of the Staggers Rail Act of 1980 shall be 
     considered a contract authorized by this section.
       ``(f) A rail carrier that enters into a contract as 
     authorized by this section remains subject to the common 
     carrier obligation set forth in section 11101, with respect 
     to rail transportation not provided under such a contract.
       ``(g)(1) No later than 30 days after the date of filing of 
     a summary of a contract under this section, the Board may, on 
     complaint, begin a proceeding to review such contract on the 
     grounds described in this subsection.
       ``(2)(A) A complaint may be filed under this subsection--
       ``(i) by a shipper on the grounds that such shipper 
     individually will be harmed because the proposed contract 
     unduly impairs the ability of the contracting rail carrier or 
     carriers to meet their common carrier obligations to the 
     complainant under section 11101 of this title; or
       ``(ii) by a port only on the grounds that such port 
     individually will be harmed because the proposed contract 
     will result in unreasonable discrimination against such port.
       ``(B) In addition to the grounds for a complaint described 
     in subparagraph (A) of this paragraph, a complaint may be 
     filed by a shipper of agricultural commodities on the grounds 
     that such shipper individually will be harmed because--
       ``(i) the rail carrier has unreasonably discriminated by 
     refusing to enter into a contract with such shipper for rates 
     and services for the transportation of the same type of 
     commodity under similar conditions to the contract at issue, 
     and that shipper was ready, willing, and able to enter into 
     such a contract at a time essentially contemporaneous with 
     the period during which the contract at issue was offered; or
       ``(ii) the proposed contract constitutes a destructive 
     competitive practice under this part.
     In making a determination under clause (ii) of this 
     subparagraph, the Board shall consider the difference between 
     contract rates and published single car rates.
       ``(C) For purposes of this paragraph, the term 
     `unreasonable discrimination' has the same meaning as such 
     term has under section 10741 of this title.
       ``(3)(A) Within 30 days after the date a proceeding is 
     commenced under paragraph (1) of this subsection, or within 
     such shorter time period after such date as the Board may 
     establish, the Board shall determine whether the contract 
     that is the subject of such proceeding is in violation of 
     this section.
       ``(B) If the Board determines, on the basis of a complaint 
     filed under paragraph (2)(B)(i) of this subsection, that the 
     grounds for a complaint described in such paragraph have been 
     established with respect to a rail carrier, the Board shall, 
     subject to the provisions of this section, order such rail 
     carrier to provide rates and service substantially similar to 
     the contract at issue with such differentials in terms and 
     conditions as are justified by the evidence.
       ``(h)(1) Any rail carrier may, in accordance with the terms 
     of this section, enter into contracts for the transportation 
     of agricultural commodities (including forest products, but 
     not including wood pulp, wood chips, pulpwood or paper) 
     involving the utilization of carrier owned or leased 
     equipment not in excess of 40 percent of the capacity of such 
     carrier's owned or leased equipment by major car type (plain 
     boxcars, covered hopper cars, gondolas and open top hoppers, 
     coal cars, bulkhead flatcars, pulpwood rackcars, and flatbed 
     equipment, including TOFC/COFC).
       ``(2) The Board may, on request of a rail carrier or other 
     party or on its own initiative, grant such relief from the 
     limitations of paragraph (1) of this subsection as the Board 
     considers appropriate, if it appears that additional 
     equipment may be made available without impairing the rail 
     carrier's ability to meet its common carrier obligations 
     under section 11101 of this title.
       ``(3)(A) This subsection shall cease to be effective after 
     September 30, 1998.
       ``(B) Before October 1, 1997, the National Grain Car 
     Council and the Railroad-Shipper Transportation Advisory 
     Council shall make recommendations to Congress on whether to 
     extend the effectiveness of or otherwise modify this 
     subsection.

                 ``SUBCHAPTER II--SPECIAL CIRCUMSTANCES

     ``Sec. 10721. Government traffic

       ``A rail 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 rail carrier lawfully operating in the 
     area where the transportation would be provided.

     ``Sec. 10722. Car utilization

       ``In order to encourage more efficient use of freight cars, 
     notwithstanding any other provision of this part, rail 
     carriers shall be permitted to establish premium charges for 
     special services 

[[Page H14998]]
     or special levels of services not otherwise applicable to the movement. 
     The Board shall facilitate development of such charges so as 
     to increase the utilization of equipment.

                     ``SUBCHAPTER III--LIMITATIONS

     ``Sec. 10741. Prohibitions against discrimination by rail 
       carriers

       ``(a)(1) A rail carrier providing transportation or service 
     subject to the jurisdiction of the Board under this part may 
     not subject a person, place, port, or type of traffic to 
     unreasonable discrimination.
       ``(2) For purposes of this section, a rail carrier engages 
     in unreasonable discrimination when it charges or receives 
     from a person a different compensation for a service 
     rendered, or to be rendered, in transportation the rail 
     carrier may perform under this part than it charges or 
     receives from another person for performing a like and 
     contemporaneous service in the transportation of a like kind 
     of traffic under substantially similar circumstances.
       ``(b) This section shall not apply to--
       ``(1) contracts described in section 10709 of this title;
       ``(2) rail rates applicable to different routes; or
       ``(3) discrimination against the traffic of another carrier 
     providing transportation by any mode.
       ``(c) Differences between rates, classifications, rules, 
     and practices of rail carriers do not constitute a violation 
     of this section if such differences result from different 
     services provided by rail carriers.

     ``Sec. 10742. Facilities for interchange of traffic

       ``A rail carrier providing transportation subject to the 
     jurisdiction of the Board under this part shall provide 
     reasonable, proper, and equal facilities that are within its 
     power to provide for the interchange of traffic between, and 
     for the receiving, forwarding, and delivering of passengers 
     and property to and from, its respective line and a 
     connecting line of another rail carrier or of a water carrier 
     providing transportation subject to chapter 137.

     ``Sec. 10743. Liability for payment of rates

       ``(a)(1) 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 subsection when the transportation is provided by 
     a rail carrier under this part. When the shipper or consignor 
     instructs the rail 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--
       ``(A) of the agency and absence of beneficial title; and
       ``(B) 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.
       ``(2) When the consignee is liable only for rates billed at 
     the time of delivery under paragraph (1) of this subsection, 
     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 
     rail carrier in the reconsignment or diversion order a notice 
     of agency and the name and address of the beneficial owner. A 
     consignee giving the rail carrier, and a reconsignor or 
     diverter giving a rail carrier, erroneous information about 
     the identity of the beneficial owner of the property is 
     liable for the additional rates.
       ``(b) Liability for payment of rates for transportation for 
     a shipment of property by a shipper or consignor, named in 
     the bill of lading as consignee, is determined under this 
     subsection when the transportation is provided by a rail 
     carrier under this part. When the shipper or consignor gives 
     written notice, before delivery of the property, to the line-
     haul rail carrier that is to make ultimate delivery--
       ``(1) to deliver the property to another party identified 
     by the shipper or consignor as the beneficial owner of the 
     property; and
       ``(2) that delivery is to be made to that party on payment 
     of all applicable transportation rates;

     that party is liable for the rates billed at the time of 
     delivery and for additional rates that may be found to be due 
     after delivery if that party does not pay the rates required 
     to be paid under paragraph (2) of this subsection on 
     delivery. However, if the party gives written notice to the 
     delivering rail carrier before delivery that the party is not 
     the beneficial owner of the property and gives the rail 
     carrier the name and address of the beneficial owner, then 
     the party is not liable for those additional rates. A 
     shipper, consignor, or party to whom delivery is made that 
     gives the delivering rail carrier erroneous information about 
     the identity of the beneficial owner, is liable for the 
     additional rates regardless of the bill of lading or contract 
     under which the property was transported. This subsection 
     does not apply to a prepaid shipment of property.
       ``(c)(1) A rail carrier may bring an action to enforce 
     liability under subsection (a) of this section. That rail 
     carrier must bring the action during the period provided in 
     section 11705(a) of this title or by the end of the 6th month 
     after final judgment against it in an action against the 
     consignee, or the beneficial owner named by the consignee or 
     agent, under that section.
       ``(2) A rail carrier may bring an action to enforce 
     liability under subsection (b) of this section. That carrier 
     must bring the action during the period provided in section 
     11705(a) of this title or by the end of the 6th month after 
     final judgment against it in an action against the shipper, 
     consignor, or other party under that section.

     ``Sec. 10744. Continuous carriage of freight

       ``A rail carrier providing transportation or service 
     subject to the jurisdiction of the Board under this part may 
     not enter a combination or arrangement to prevent the 
     carriage of freight from being continuous from the place of 
     shipment to the place of destination whether by change of 
     time schedule, carriage in different cars, or by other means. 
     The carriage of freight by those rail carriers is considered 
     to be a continuous carriage from the place of shipment to the 
     place of destination when a break of bulk, stoppage, or 
     interruption is not made in good faith for a necessary 
     purpose, and with the intent of avoiding or unnecessarily 
     interrupting the continuous carriage or of evading this part.

     ``Sec. 10745. Transportation services or facilities furnished 
       by shipper

       ``A rail carrier providing transportation or service 
     subject to the jurisdiction of the Board under this part 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 
     Board may prescribe the maximum reasonable charge or 
     allowance a rail carrier subject to its jurisdiction may pay 
     for a service or instrumentality furnished under this 
     section. The Board may begin a proceeding under this section 
     on its own initiative or on application.

     ``Sec. 10746. Demurrage charges

       ``A rail carrier providing transportation subject to the 
     jurisdiction of the Board under this part shall compute 
     demurrage charges, and establish rules related to those 
     charges, in a way that fulfills the national needs related 
     to--
       ``(1) freight car use and distribution; and
       ``(2) maintenance of an adequate supply of freight cars to 
     be available for transportation of property.

     ``Sec. 10747. Designation of certain routes by shippers

       ``(a)(1) When a person delivers property to a rail carrier 
     for transportation subject to the jurisdiction of the Board 
     under this part, the person may direct the rail carrier to 
     transport the property over an established through route. 
     When competing rail lines constitute a part of the route, the 
     person shipping the property may designate the lines over 
     which the property will be transported. The designation must 
     be in writing. A rail carrier may be directed to transport 
     property over a particular through route when--
       ``(A) there are at least 2 through routes over which the 
     property could be transported;
       ``(B) a through rate has been established for 
     transportation over each of those through routes; and
       ``(C) the rail carrier is a party to those routes and 
     rates.
       ``(2) A rail carrier directed to route property transported 
     under paragraph (1) of this subsection must issue a through 
     bill of lading containing the routing instructions and 
     transport the property according to the instructions. When 
     the property is delivered to a connecting rail carrier, that 
     rail carrier must also receive and transport it according to 
     the routing instructions and deliver it to the next 
     succeeding rail carrier or consignee according to the 
     instructions.
       ``(b) The Board may prescribe exceptions to the authority 
     of a person to direct the movement of traffic under 
     subsection (a) of this section.

                        ``CHAPTER 109--LICENSING

``Sec.
``10901. Authorizing construction and operation of railroad lines.
``10902. Short line purchases by Class II and Class III rail carriers.
``10903. Filing and procedure for application to abandon or 
              discontinue.
``10904. Offers of financial assistance to avoid abandonment and 
              discontinuance.
``10905. Offering abandoned rail properties for sale for public 
              purposes.
``10906. Exception.
``10907. Railroad development.

     ``Sec. 10901. Authorizing construction and operation of 
       railroad lines

       ``(a) A person may--
       ``(1) construct an extension to any of its railroad lines;
       ``(2) construct an additional railroad line;
       ``(3) provide transportation over, or by means of, an 
     extended or additional railroad line; or
       ``(4) in the case of a person other than a rail carrier, 
     acquire a railroad line or acquire or operate an extended or 
     additional railroad line,

     only if the Board issues a certificate authorizing such 
     activity under subsection (c).
       ``(b) A proceeding to grant authority under subsection (a) 
     of this section begins when an application is filed. On 
     receiving the application, the Board shall give reasonable 
     public notice, including notice to the Governor of any 
     affected State, of the beginning of such proceeding.
       ``(c) The Board shall issue a certificate authorizing 
     activities for which such authority is requested in an 
     application filed under subsection (b) unless the Board finds 
     that such activities are inconsistent with the public 
     convenience and necessity. Such certificate may approve the 
     application as filed, or with modifications, and may require 
     compliance with conditions (other than labor protection 
     conditions) the Board finds necessary in the public interest.
       ``(d)(1) When a certificate has been issued by the Board 
     under this section authorizing the construction or extension 
     of a railroad line, no 

[[Page H14999]]
     other rail carrier may block any construction or extension authorized 
     by such certificate by refusing to permit the carrier to 
     cross its property if--
       ``(A) the construction does not unreasonably interfere with 
     the operation of the crossed line;
       ``(B) the operation does not materially interfere with the 
     operation of the crossed line; and
       ``(C) the owner of the crossing line compensates the owner 
     of the crossed line.
       ``(2) If the parties are unable to agree on the terms of 
     operation or the amount of payment for purposes of paragraph 
     (1) of this subsection, either party may submit the matters 
     in dispute to the Board for determination. The Board shall 
     make a determination under this paragraph within 120 days 
     after the dispute is submitted for determination.

     ``Sec. 10902. Short line purchases by Class II and Class III 
       rail carriers

       ``(a) A Class II or Class III rail carrier providing 
     transportation subject to the jurisdiction of the Board under 
     this part may acquire or operate an extended or additional 
     rail line under this section only if the Board issues a 
     certificate authorizing such activity under subsection (c).
       ``(b) A proceeding to grant authority under subsection (a) 
     of this section begins when an application is filed. On 
     receiving the application, the Board shall give reasonable 
     public notice of the beginning of such proceeding.
       ``(c) The Board shall issue a certificate authorizing 
     activities for which such authority is requested in an 
     application filed under subsection (b) unless the Board finds 
     that such activities are inconsistent with the public 
     convenience and necessity. Such certificate may approve the 
     application as filed, or with modifications, and may require 
     compliance with conditions (other than labor protection 
     conditions) the Board finds necessary in the public interest.
       ``(d) The Board shall require any Class II rail carrier 
     which receives a certificate under subsection (c) of this 
     section to provide a fair and equitable arrangement for the 
     protection of the interests of employees who may be affected 
     thereby. The arrangement shall consist exclusively of one 
     year of severance pay, which shall not exceed the amount of 
     earnings from railroad employment of the employee during the 
     12-month period immediately preceding the date on which the 
     application for such certificate is filed with the Board. The 
     amount of such severance pay shall be reduced by the amount 
     of earnings from railroad employment of the employee with the 
     acquiring carrier during the 12-month period immediately 
     following the effective date of the transaction to which the 
     certificate applies. The parties may agree to terms other 
     than as provided in this subsection. The Board shall not 
     require such an arrangement from a Class III rail carrier 
     which receives a certificate under subsection (c) of this 
     section.

     ``Sec. 10903. Filing and procedure for application to abandon 
       or discontinue

       ``(a)(1) A rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part who intends 
     to--
       ``(A) abandon any part of its railroad lines; or
       ``(B) discontinue the operation of all rail transportation 
     over any part of its railroad lines,

     must file an application relating thereto with the Board. An 
     abandonment or discontinuance may be carried out only as 
     authorized under this chapter.
       ``(2) When a rail carrier providing transportation subject 
     to the jurisdiction of the Board under this part files an 
     application, the application shall include--
       ``(A) an accurate and understandable summary of the rail 
     carrier's reasons for the proposed abandonment or 
     discontinuance;
       ``(B) a statement indicating that each interested person is 
     entitled to make recommendations to the Board on the future 
     of the rail line; and
       ``(C)(i) a statement that the line is available for subsidy 
     or sale in accordance with section 10904 of this title, (ii) 
     a statement that the rail carrier will promptly provide to 
     each interested party an estimate of the annual subsidy and 
     minimum purchase price, calculated in accordance with section 
     10904 of this title, and (iii) the name and business address 
     of the person who is authorized to discuss the subsidy or 
     sale terms for the rail carrier.
       ``(3) The rail carrier shall--
       ``(A) send by certified mail notice of the application to 
     the chief executive officer of each State that would be 
     directly affected by the proposed abandonment or 
     discontinuance;
       ``(B) post a copy of the notice in each terminal and 
     station on each portion of a railroad line proposed to be 
     abandoned or over which all transportation is to be 
     discontinued;
       ``(C) publish a copy of the notice for 3 consecutive weeks 
     in a newspaper of general circulation in each county in which 
     each such portion is located;
       ``(D) mail a copy of the notice, to the extent practicable, 
     to all shippers that have made significant use (as designated 
     by the Board) of the railroad line during the 12 months 
     preceding the filing of the application; and
       ``(E) attach to the application filed with the Board an 
     affidavit certifying the manner in which subparagraphs (A) 
     through (D) of this paragraph have been satisfied, and 
     certifying that subparagraphs (A) through (D) have been 
     satisfied within the most recent 30 days prior to the date 
     the application is filed.
       ``(b)(1) Except as provided in subsection (d), abandonment 
     and discontinuance may occur as provided in section 10904.
       ``(2) The Board shall require as a condition of any 
     abandonment or discontinuance under this section provisions 
     to protect the interests of employees. The provisions shall 
     be at least as beneficial to those interests as the 
     provisions established under sections 11326(a) and 24706(c) 
     of this title.
       ``(c)(1) In this subsection, the term `potentially subject 
     to abandonment' has the meaning given the term in regulations 
     of the Board. The regulations may include standards that vary 
     by region of the United States and by railroad or group of 
     railroads.
       ``(2) Each rail carrier shall maintain a complete diagram 
     of the transportation system operated, directly or 
     indirectly, by the rail carrier. The rail carrier shall 
     submit to the Board and publish amendments to its diagram 
     that are necessary to maintain the accuracy of the diagram. 
     The diagram shall--
       ``(A) include a detailed description of each of its 
     railroad lines potentially subject to abandonment; and
       ``(B) identify each railroad line for which the rail 
     carrier plans to file an application to abandon or 
     discontinue under subsection (a) of this section.
       ``(d) A rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part may--
       ``(1) abandon any part of its railroad lines; or
       ``(2) discontinue the operation of all rail transportation 
     over any part of its railroad lines;

     only if the Board finds that the present or future public 
     convenience and necessity require or permit the abandonment 
     or discontinuance. In making the finding, the Board shall 
     consider whether the abandonment or discontinuance will have 
     a serious, adverse impact on rural and community development.
       ``(e) Subject to this section and sections 10904 and 10905 
     of this title, if the Board--
       ``(1) finds public convenience and necessity, it shall--
       ``(A) approve the application as filed; or
       ``(B) approve the application with modifications and 
     require compliance with conditions that the Board finds are 
     required by public convenience and necessity; or
       ``(2) fails to find public convenience and necessity, it 
     shall deny the application.

     ``Sec. 10904. Offers of financial assistance to avoid 
       abandonment and discontinuance

       ``(a) In this section--
       ``(1) the term `avoidable cost' means all expenses that 
     would be incurred by a rail carrier in providing 
     transportation that would not be incurred if the railroad 
     line over which the transportation was provided were 
     abandoned or if the transportation were discontinued. 
     Expenses include cash inflows foregone and cash outflows 
     incurred by the rail carrier as a result of not abandoning or 
     discontinuing the transportation. Cash inflows foregone and 
     cash outflows incurred include--
       ``(A) working capital and required capital expenditure;
       ``(B) expenditures to eliminate deferred maintenance;
       ``(C) the current cost of freight cars, locomotives, and 
     other equipment; and
       ``(D) the foregone tax benefits from not retiring 
     properties from rail service and other effects of applicable 
     Federal and State income taxes; and
       ``(2) the term `reasonable return' means--
       ``(A) if a rail carrier is not in reorganization, the cost 
     of capital to the rail carrier, as determined by the Board; 
     and
       ``(B) if a rail carrier is in reorganization, the mean cost 
     of capital of rail carriers not in reorganization, as 
     determined by the Board.
       ``(b) Any rail carrier which has filed an application for 
     abandonment or discontinuance shall provide promptly to a 
     party considering an offer of financial assistance and shall 
     provide concurrently to the Board--
       ``(1) an estimate of the annual subsidy and minimum 
     purchase price required to keep the line or a portion of the 
     line in operation;
       ``(2) its most recent reports on the physical condition of 
     that part of the railroad line involved in the proposed 
     abandonment or discontinuance;
       ``(3) traffic, revenue, and other data necessary to 
     determine the amount of annual financial assistance which 
     would be required to continue rail transportation over that 
     part of the railroad line; and
       ``(4) any other information that the Board considers 
     necessary to allow a potential offeror to calculate an 
     adequate subsidy or purchase offer.
       ``(c) Within 4 months after an application is filed under 
     section 10903, any person may offer to subsidize or purchase 
     the railroad line that is the subject of such application. 
     Such offer shall be filed concurrently with the Board. If the 
     offer to subsidize or purchase is less than the carrier's 
     estimate stated pursuant to subsection (b)(1), the offer 
     shall explain the basis of the disparity, and the manner in 
     which the offer is calculated.
       ``(d)(1) Unless the Board, within 15 days after the 
     expiration of the 4-month period described in subsection (c), 
     finds that one or more financially responsible persons 
     (including a governmental authority) have offered financial 
     assistance regarding that part of the railroad line to be 
     abandoned or over which all rail transportation is to be 
     discontinued, abandonment or discontinuance may be carried 
     out in accordance with section 10903.
       ``(2) If the Board finds that such an offer or offers of 
     financial assistance has been made within such period, 
     abandonment or discontinuance shall be postponed until--
       ``(A) the carrier and a financially responsible person have 
     reached agreement on a transaction for subsidy or sale of the 
     line; or
       ``(B) the conditions and amount of compensation are 
     established under subsection (f).
       ``(e) Except as provided in subsection (f)(3), if the rail 
     carrier and a financially responsible person (including a 
     governmental authority) fail to agree on the amount or terms 
     of the subsidy 

[[Page H15000]]
     or purchase, either party may, within 30 days after the offer is made, 
     request that the Board establish the conditions and amount of 
     compensation.
       ``(f)(1) Whenever the Board is requested to establish the 
     conditions and amount of compensation under this section--
       ``(A) the Board shall render its decision within 30 days;
       ``(B) for proposed sales, the Board shall determine the 
     price and other terms of sale, except that in no case shall 
     the Board set a price which is below the fair market value of 
     the line (including, unless otherwise mutually agreed, all 
     facilities on the line or portion necessary to provide 
     effective transportation services); and
       ``(C) for proposed subsidies, the Board shall establish the 
     compensation as the difference between the revenues 
     attributable to that part of the railroad line and the 
     avoidable cost of providing rail freight transportation on 
     the line, plus a reasonable return on the value of the line.
       ``(2) The decision of the Board shall be binding on both 
     parties, except that the person who has offered to subsidize 
     or purchase the line may withdraw his offer within 10 days of 
     the Board's decision. In such a case, the abandonment or 
     discontinuance may be carried out immediately, unless other 
     offers are being considered pursuant to paragraph (3) of this 
     subsection.
       ``(3) If a rail carrier receives more than one offer to 
     subsidize or purchase, it shall select the offeror with whom 
     it wishes to transact business, and complete the subsidy or 
     sale agreement, or request that the Board establish the 
     conditions and amount of compensation before the 40th day 
     after the expiration of the 4-month period described in 
     subsection (c). If no agreement on subsidy or sale is reached 
     within such 40-day period and the Board has not been 
     requested to establish the conditions and amount of 
     compensation, any other offeror whose offer was made within 
     the 4-month period described in subsection (c) may request 
     that the Board establish the conditions and amount of 
     compensation. If the Board has established the conditions and 
     amount of compensation, and the original offer has been 
     withdrawn, any other offeror whose offer was made within the 
     4-month period described in subsection (c) may accept the 
     Board's decision within 20 days after such decision, and the 
     Board shall require the carrier to enter into a subsidy or 
     sale agreement with such offeror, if such subsidy or sale 
     agreement incorporates the Board's decision.
       ``(4)(A) No purchaser of a line or portion of line sold 
     under this section may transfer or discontinue service on 
     such line prior to the end of the second year after 
     consummation of the sale, nor may such purchaser transfer 
     such line, except to the rail carrier from whom it was 
     purchased, prior to the end of the fifth year after 
     consummation of the sale.
       ``(B) No subsidy arrangement approved under this section 
     shall remain in effect for more than one year, unless 
     otherwise mutually agreed by the parties.
       ``(g) Upon abandonment of a railroad line under this 
     chapter, the obligation of the rail carrier abandoning the 
     line to provide transportation on that line, as required by 
     section 11101(a), is extinguished.

     ``Sec. 10905. Offering abandoned rail properties for sale for 
       public purposes

       ``When the Board approves an application to abandon or 
     discontinue under section 10903, the Board shall find whether 
     the rail properties that are involved in the proposed 
     abandonment or discontinuance are appropriate for use for 
     public purposes, including highways, other forms of mass 
     transportation, conservation, energy production or 
     transmission, or recreation. If the Board finds that the rail 
     properties proposed to be abandoned are appropriate for 
     public purposes and not required for continued rail 
     operations, the properties may be sold, leased, exchanged, or 
     otherwise disposed of only under conditions provided in the 
     order of the Board. The conditions may include a prohibition 
     on any such disposal for a period of not more than 180 days 
     after the effective date of the order, unless the properties 
     have first been offered, on reasonable terms, for sale for 
     public purposes.

     ``Sec. 10906. Exception

       ``Notwithstanding section 10901 and subchapter II of 
     chapter 113 of this title, and without the approval of the 
     Board, a rail carrier providing transportation subject to the 
     jurisdiction of the Board under this part may enter into 
     arrangements for the joint ownership or joint use of spur, 
     industrial, team, switching, or side tracks.The Board does 
     not have authority under this chapter over construction, 
     acquisition, operation, abandonment, or discontinuance of 
     spur, industrial, team, switching, or side tracks.

     ``Sec. 10907. Railroad development

       ``(a) In this section, the term `financially responsible 
     person' means a person who--
       ``(1) is capable of paying the constitutional minimum value 
     of the railroad line proposed to be acquired; and
       ``(2) is able to assure that adequate transportation will 
     be provided over such line for a period of not less than 3 
     years.
     Such term includes a governmental authority but does not 
     include a Class I or Class II rail carrier.
       ``(b)(1) When the Board finds that--
       ``(A)(i) the public convenience and necessity require or 
     permit the sale of a particular railroad line under this 
     section; or
       ``(ii) a railroad line is on a system diagram map as 
     required under section 10903 of this title, but the rail 
     carrier owning such line has not filed an application to 
     abandon such line under section 10903 of this title before an 
     application to purchase such line, or any required 
     preliminary filing with respect to such application, is filed 
     under this section; and
       ``(B) an application to purchase such line has been filed 
     by a financially responsible person,
     the Board shall require the rail carrier owning the railroad 
     line to sell such line to such financially responsible person 
     at a price not less than the constitutional minimum value.
       ``(2) For purposes of this subsection, the constitutional 
     minimum value of a particular railroad line shall be presumed 
     to be not less than the net liquidation value of such line or 
     the going concern value of such line, whichever is greater.
       ``(c)(1) For purposes of this section, the Board may 
     determine that the public convenience and necessity require 
     or permit the sale of a railroad line if the Board 
     determines, after a hearing on the record, that--
       ``(A) the rail carrier operating such line refuses within a 
     reasonable time to make the necessary efforts to provide 
     adequate service to shippers who transport traffic over such 
     line;
       ``(B) the transportation over such line is inadequate for 
     the majority of shippers who transport traffic over such 
     line;
       ``(C) the sale of such line will not have a significantly 
     adverse financial effect on the rail carrier operating such 
     line;
       ``(D) the sale of such line will not have an adverse effect 
     on the overall operational performance of the rail carrier 
     operating such line; and
       ``(E) the sale of such line will be likely to result in 
     improved railroad transportation for shippers that transport 
     traffic over such line.
       ``(2) In a proceeding under this subsection, the burden of 
     proving that the public convenience and necessity require or 
     permit the sale of a particular railroad line is on the 
     person filing the application to acquire such line. If the 
     Board finds under this subsection that the public convenience 
     and necessity require or permit the sale of a particular 
     railroad line, the Board shall concurrently notify the 
     parties of such finding and publish such finding in the 
     Federal Register.
       ``(d) In the case of any railroad line subject to sale 
     under subsection (a) of this section, the Board shall, upon 
     the request of the acquiring carrier, require the selling 
     carrier to provide to the acquiring carrier trackage rights 
     to allow a reasonable interchange with the selling carrier or 
     to move power equipment or empty rolling stock between 
     noncontiguous feeder lines operated by the acquiring carrier. 
     The Board shall require the acquiring carrier to provide the 
     selling carrier reasonable compensation for any such trackage 
     rights.
       ``(e) The Board shall require, to the maximum extent 
     practicable, the use of the employees who would normally have 
     performed work in connection with a railroad line subject to 
     a sale under this section.
       ``(f) In the case of a railroad line which carried less 
     than 3,000,000 gross ton miles of traffic per mile in the 
     preceding calendar year, whenever a purchasing carrier under 
     this section petitions the Board for joint rates applicable 
     to traffic moving over through routes in which the purchasing 
     carrier may practicably participate, the Board shall, within 
     30 days after the date such petition is filed and pursuant to 
     section 10705(a) of this title, require the establishment of 
     reasonable joint rates and divisions over such route.
       ``(g)(1) Any person operating a railroad line acquired 
     under this section may elect to be exempt from any of the 
     provisions of this part, except that such a person may not be 
     exempt from the provisions of chapter 107 of this title with 
     respect to transportation under a joint rate.
       ``(2) The provisions of paragraph (1) of this subsection 
     shall apply to any line of railroad which was abandoned 
     during the 18-month period immediately prior to October 1, 
     1980, and was subsequently purchased by a financially 
     responsible person.
       ``(h) If a purchasing carrier under this section proposes 
     to sell or abandon all or any portion of a purchased railroad 
     line, such purchasing carrier shall offer the right of first 
     refusal with respect to such line or portion thereof to the 
     carrier which sold such line under this section. Such offer 
     shall be made at a price equal to the sum of the price paid 
     by such purchasing carrier to such selling carrier for such 
     line or portion thereof and the fair market value (less 
     deterioration) of any improvements made, as adjusted to 
     reflect inflation.
       ``(i) Any person operating a railroad line acquired under 
     this section may determine preconditions, such as payment of 
     a subsidy, which must be met by shippers in order to obtain 
     service over such lines, but such operator must notify the 
     shippers on the line of its intention to impose such 
     preconditions.

                       ``CHAPTER 111--OPERATIONS

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

``Sec.
``11101. Common carrier transportation, service, and rates.
``11102. Use of terminal facilities.
``11103. Switch connections and tracks.

                      ``SUBCHAPTER II--CAR SERVICE

``11121. Criteria.
``11122. Compensation and practice.
``11123. Situations requiring immediate action to serve the public.
``11124. War emergencies; embargoes imposed by carriers.

                 ``SUBCHAPTER III--REPORTS AND RECORDS

``11141. Definitions.
``11142. Uniform accounting system.
``11143. Depreciation charges.
``11144. Records: form; inspection; preservation.
``11145. Reports by rail carriers, lessors, and associations.

               ``SUBCHAPTER IV--RAILROAD COST ACCOUNTING

``11161. Implementation of cost accounting principles.

[[Page H15001]]

``11162. Rail carrier cost accounting system.
``11163. Cost availability.
``11164. Accounting and cost reporting.

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

     ``Sec. 11101. Common carrier transportation, service, and 
       rates

       ``(a) A rail carrier providing transportation or service 
     subject to the jurisdiction of the Board under this part 
     shall provide the transportation or service on reasonable 
     request. A rail carrier shall not be found to have violated 
     this section because it fulfills its reasonable commitments 
     under contracts authorized under section 10709 of this title 
     before responding to reasonable requests for service. 
     Commitments which deprive a carrier of its ability to respond 
     to reasonable requests for common carrier service are not 
     reasonable.
       ``(b) A rail carrier shall also provide to any person, on 
     request, the carrier's rates and other service terms. The 
     response by a rail carrier to a request for the carrier's 
     rates and other service terms shall be--
       ``(1) in writing and forwarded to the requesting person 
     promptly after receipt of the request; or
       ``(2) promptly made available in electronic form.
       ``(c) A rail carrier may not increase any common carrier 
     rates or change any common carrier service terms unless 20 
     days have expired after written or electronic notice is 
     provided to any person who, within the previous 12 months--
       ``(1) has requested such rates or terms under subsection 
     (b); or
       ``(2) has made arrangements with the carrier for a shipment 
     that would be subject to such increased rates or changed 
     terms.
       ``(d) With respect to transportation of agricultural 
     products, in addition to the requirements of subsections (a), 
     (b), and (c), a rail carrier shall publish, make available, 
     and retain for public inspection its common carrier rates, 
     schedules of rates, and other service terms, and any proposed 
     and actual changes to such rates and service terms. For 
     purposes of this subsection, agricultural products shall 
     include grain as defined in section 3 of the United States 
     Grain Standards Act (7 U.S.C. 75) and all products thereof, 
     and fertilizer.
       ``(e) A rail carrier shall provide transportation or 
     service in accordance with the rates and service terms, and 
     any changes thereto, as published or otherwise made available 
     under subsection (b), (c), or (d).
       ``(f) The Board shall, by regulation, establish rules to 
     implement this section. The regulations shall provide for 
     immediate disclosure and dissemination of rates and service 
     terms, including classifications, rules, and practices, and 
     their effective dates. Final regulations shall be adopted by 
     the Board not later than 180 days after the effective date of 
     the ICC Termination Act of 1995.

     ``Sec. 11102. Use of terminal facilities

       ``(a) The Board may require terminal facilities, including 
     main-line tracks for a reasonable distance outside of a 
     terminal, owned by a rail carrier providing transportation 
     subject to the jurisdiction of the Board under this part, to 
     be used by another rail carrier if the Board finds that use 
     to be practicable and in the public interest without 
     substantially impairing the ability of the rail carrier 
     owning the facilities or entitled to use the facilities to 
     handle its own business. The rail carriers are responsible 
     for establishing the conditions and compensation for use of 
     the facilities. However, if the rail carriers cannot agree, 
     the Board may establish conditions and compensation for use 
     of the facilities under the principle controlling 
     compensation in condemnation proceedings. The compensation 
     shall be paid or adequately secured before a rail carrier may 
     begin to use the facilities of another rail carrier under 
     this section.
       ``(b) A rail carrier whose terminal facilities are required 
     to be used by another rail carrier under this section is 
     entitled to recover damages from the other rail carrier for 
     injuries sustained as the result of compliance with the 
     requirement or for compensation for the use, or both as 
     appropriate, in a civil action, if it is not satisfied with 
     the conditions for use of the facilities or if the amount of 
     the compensation is not paid promptly.
       ``(c)(1) The Board may require rail carriers to enter into 
     reciprocal switching agreements, where it finds such 
     agreements to be practicable and in the public interest, or 
     where such agreements are necessary to provide competitive 
     rail service. The rail carriers entering into such an 
     agreement shall establish the conditions and compensation 
     applicable to such agreement, but, if the rail carriers 
     cannot agree upon such conditions and compensation within a 
     reasonable period of time, the Board may establish such 
     conditions and compensation.
       ``(2) The Board may require reciprocal switching agreements 
     entered into by rail carriers pursuant to this subsection to 
     contain provisions for the protection of the interests of 
     employees affected thereby.
       ``(d) The Board shall complete any proceeding under 
     subsection (a) or (b) within 180 days after the filing of the 
     request for relief.

     ``Sec. 11103. Switch connections and tracks

       ``(a) On application of the owner of a lateral branch line 
     of railroad, or of a shipper tendering interstate traffic for 
     transportation, a rail carrier providing transportation 
     subject to the jurisdiction of the Board under this part 
     shall construct, maintain, and operate, on reasonable 
     conditions, a switch connection to connect that branch line 
     or private side track with its railroad and shall furnish 
     cars to move that traffic to the best of its ability without 
     discrimination in favor of or against the shipper when the 
     connection--
       ``(1) is reasonably practicable;
       ``(2) can be made safely; and
       ``(3) will furnish sufficient business to justify its 
     construction and maintenance.
       ``(b) If a rail carrier fails to install and operate a 
     switch connection after application is made under subsection 
     (a) of this section, the owner of the lateral branch line of 
     railroad or the shipper may file a complaint with the Board 
     under section 11701 of this title. The Board shall 
     investigate the complaint and decide the safety, 
     practicability, justification, and compensation to be paid 
     for the connection. The Board may direct the rail carrier to 
     comply with subsection (a) of this section only after a full 
     hearing.

                      ``SUBCHAPTER II--CAR SERVICE

     ``Sec. 11121. Criteria

       ``(a)(1) A rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part shall furnish 
     safe and adequate car service and establish, observe, and 
     enforce reasonable rules and practices on car service. The 
     Board may require a rail carrier to provide facilities and 
     equipment that are reasonably necessary to furnish safe and 
     adequate car service if the Board decides that the rail 
     carrier has materially failed to furnish that service. The 
     Board may begin a proceeding under this paragraph when an 
     interested person files an application with it. The Board may 
     act only after a hearing on the record and an affirmative 
     finding, based on the evidence presented, that--
       ``(A) providing the facilities or equipment will not 
     materially and adversely affect the ability of the rail 
     carrier to provide safe and adequate transportation;
       ``(B) the amount spent for the facilities or equipment, 
     including a return equal to the rail carrier's current cost 
     of capital, will be recovered; and
       ``(C) providing the facilities or equipment will not impair 
     the ability of the rail carrier to attract adequate capital.
       ``(2) The Board may require a rail carrier to file its car 
     service rules with the Board.
       ``(b) The Board may designate and appoint agents and 
     agencies to make and carry out its directions related to car 
     service and matters under sections 11123 and 11124(a)(1) of 
     this title.
       ``(c) The Board shall consult, as it considers necessary, 
     with the National Grain Car Council on matters within the 
     charter of that body.

     ``Sec. 11122. Compensation and practice

       ``(a) The regulations of the Board on car service shall 
     encourage the purchase, acquisition, and efficient use of 
     freight cars. The regulations may include--
       ``(1) the compensation to be paid for the use of a 
     locomotive, freight car, or other vehicle;
       ``(2) the other terms of any arrangement for the use by a 
     rail carrier of a locomotive, freight car, or other vehicle 
     not owned by the rail carrier using the locomotive, freight 
     car, or other vehicle, whether or not owned by another 
     carrier, shipper, or third person; and
       ``(3) sanctions for nonobservance.
       ``(b) The rate of compensation to be paid for each type of 
     freight car shall be determined by the expense of owning and 
     maintaining that type of freight car, including a fair return 
     on its cost giving consideration to current costs of capital, 
     repairs, materials, parts, and labor. In determining the rate 
     of compensation, the Board shall consider the transportation 
     use of each type of freight car, the national level of 
     ownership of each type of freight car, and other factors that 
     affect the adequacy of the national freight car supply.

     ``Sec. 11123. Situations requiring immediate action to serve 
       the public

       ``(a) When the Board determines that shortage of equipment, 
     congestion of traffic, unauthorized cessation of operations, 
     or other failure of traffic movement exists which creates an 
     emergency situation of such magnitude as to have substantial 
     adverse effects on shippers, or on rail service in a region 
     of the United States, or that a rail carrier providing 
     transportation subject to the jurisdiction of the Board under 
     this part cannot transport the traffic offered to it in a 
     manner that properly serves the public, the Board may, to 
     promote commerce and service to the public, for a period not 
     to exceed 30 days--
       ``(1) direct the handling, routing, and movement of the 
     traffic of a rail carrier and its distribution over its own 
     or other railroad lines;
       ``(2) require joint or common use of railroad facilities;
       ``(3) prescribe temporary through routes; or
       ``(4) give directions for--
       ``(A) preference or priority in transportation;
       ``(B) embargoes; or
       ``(C) movement of traffic under permits.
       ``(b)(1) Except with respect to proceedings under paragraph 
     (2) of this subsection, the Board may act under this section 
     on its own initiative or on application without regard to 
     subchapter II of chapter 5 of title 5.
       ``(2) Rail carriers may establish between themselves the 
     terms of compensation for operations, and use of facilities 
     and equipment, required under this section. When rail 
     carriers do not agree on the terms of compensation under this 
     section, the Board may establish the terms for them. The 
     Board may act under subsection (a) before conducting a 
     proceeding under this paragraph.
       ``(3) When a rail carrier is directed under this section to 
     operate the lines of another rail carrier due to that 
     carrier's cessation of operations, compensation for the 
     directed operations shall derive only from revenues generated 
     by the directed operations.
       ``(c)(1) The Board may extend any action taken under 
     subsection (a) of this section beyond 30 days if the Board 
     finds that a transportation emergency described in subsection 
     (a) continues to exist. Action by the Board under subsection 
     (a) of this section may not remain in effect for more than 
     240 days beyond the initial 30-day period.
     
[[Page H15002]]

       ``(2) The Board may not take action under this section that 
     would--
       ``(A) cause a rail carrier to operate in violation of this 
     part; or
       ``(B) impair substantially the ability of a rail carrier to 
     serve its own customers adequately, or to fulfill its common 
     carrier obligations.
       ``(3) A rail carrier directed by the Board to take action 
     under this section is not responsible, as a result of that 
     action, for debts of any other rail carrier.
       ``(d) In carrying out this section, the Board shall 
     require, to the maximum extent practicable, the use of 
     employees who would normally have performed work in 
     connection with the traffic subject to the action of the 
     Board.

     ``Sec. 11124. War emergencies; embargoes imposed by carriers

       ``(a)(1) When the President, during time of war or 
     threatened war, notifies the Board that it is essential to 
     the defense and security of the United States to give 
     preference or priority to the movement of certain traffic, 
     the Board shall direct that preference or priority be given 
     to that traffic.
       ``(2) When the President, during time of war or threatened 
     war, demands that preference and precedence be given to the 
     transportation of troops and material of war over all other 
     traffic, all rail carriers providing transportation subject 
     to the jurisdiction of the Board under this part shall adopt 
     every means within their control to facilitate and expedite 
     the military traffic.
       ``(b) An embargo imposed by any such rail carrier does not 
     apply to shipments consigned to agents of the United States 
     Government for its use. The rail carrier shall deliver those 
     shipments as promptly as possible.

                 ``SUBCHAPTER III--REPORTS AND RECORDS

     ``Sec. 11141. Definitions

       ``In this subchapter--
       ``(1) the terms `rail carrier' and `lessor' include a 
     receiver or trustee of a rail carrier and lessor, 
     respectively;
       ``(2) the term `lessor' means a person owning a railroad 
     that is leased to and operated by a carrier providing 
     transportation subject to the jurisdiction of the Board under 
     this part; and
       ``(3) the term `association' means an organization 
     maintained by or in the interest of a group of rail carriers 
     providing transportation or service subject to the 
     jurisdiction of the Board under this part that performs a 
     service, or engages in activities, related to transportation 
     under this part.

     ``Sec. 11142. Uniform accounting system

       ``The Board may prescribe a uniform accounting system for 
     classes of rail carriers providing transportation subject to 
     the jurisdiction of the Board under this part. To the maximum 
     extent practicable, the Board shall conform such system to 
     generally accepted accounting principles, and shall 
     administer this subchapter in accordance with such 
     principles.

     ``Sec. 11143. Depreciation charges

       ``The Board shall, for a class of rail carriers providing 
     transportation subject to its jurisdiction under this part, 
     prescribe, and change when necessary, those classes of 
     property for which depreciation charges may be included under 
     operating expenses and a rate of depreciation that may be 
     charged to a class of property. The Board may classify those 
     rail carriers for purposes of this section. A rail carrier 
     for whom depreciation charges and rates of depreciation are 
     in effect under this section for any class of property may 
     not--
       ``(1) charge to operating expenses a depreciation charge on 
     a class of property other than that prescribed by the Board;
       ``(2) charge another rate of depreciation; or
       ``(3) include other depreciation charges in operating 
     expenses.

     ``Sec. 11144. Records: form; inspection; preservation

       ``(a) The Board may prescribe the form of records required 
     to be prepared or compiled under this subchapter--
       ``(1) by rail carriers and lessors, including records 
     related to movement of traffic and receipts and expenditures 
     of money; and
       ``(2) by persons furnishing cars to or for a rail carrier 
     providing transportation subject to the jurisdiction of the 
     Board under this part to the extent related to those cars or 
     that service.
       ``(b) The Board, or an employee designated by the Board, 
     may on demand and display of proper credentials--
       ``(1) inspect and examine the lands, buildings, and 
     equipment of a rail carrier or lessor; and
       ``(2) inspect and copy any record of--
       ``(A) a rail carrier, lessor, or association;
       ``(B) a person controlling, controlled by, or under common 
     control with a rail carrier if the Board considers inspection 
     relevant to that person's relation to, or transaction with, 
     that rail carrier; and
       ``(C) a person furnishing cars to or for a rail carrier if 
     the Board prescribed the form of that record.
       ``(c) The Board may prescribe the time period during which 
     operating, accounting, and financial records must be 
     preserved by rail carriers, lessors, and persons furnishing 
     cars.

     ``Sec. 11145. Reports by rail carriers, lessors, and 
       associations

       ``(a) The Board may require--
       ``(1) rail carriers, lessors, and associations, or classes 
     of them as the Board may prescribe, to file annual, periodic, 
     and special reports with the Board containing answers to 
     questions asked by it; and
       ``(2) a person furnishing cars to a rail carrier to file 
     reports with the Board containing answers to questions about 
     those cars.
       ``(b)(1) An annual report shall contain an account, in as 
     much detail as the Board may require, of the affairs of the 
     rail carrier, lessor, or association for the 12-month period 
     ending on December 31 of each year.
       ``(2) An annual report shall be filed with the Board by the 
     end of the third month after the end of the year for which 
     the report is made unless the Board extends the filing date 
     or changes the period covered by the report. The annual 
     report and, if the Board requires, any other report made 
     under this section, shall be made under oath.

               ``SUBCHAPTER IV--RAILROAD COST ACCOUNTING

     ``Sec. 11161. Implementation of cost accounting principles

       ``The Board shall periodically review its cost accounting 
     rules and shall make such changes in those rules as are 
     required to achieve the regulatory purposes of this part. The 
     Board shall insure that the rules promulgated under this 
     section are the most efficient and least burdensome means by 
     which the required information may be developed for 
     regulatory purposes. To the maximum extent practicable, the 
     Board shall conform such rules to generally accepted 
     accounting principles.

     ``Sec. 11162. Rail carrier cost accounting system

       ``(a) Each rail carrier shall have and maintain a cost 
     accounting system that is in compliance with the rules 
     promulgated by the Board under section 11161 of this title. A 
     rail carrier may, after notifying the Board, make 
     modifications in such system unless, within 60 days after the 
     date of notification, the Board finds such modifications to 
     be inconsistent with the rules promulgated by the Board under 
     section 11161 of this title.
       ``(b) For purposes of determining whether the cost 
     accounting system of a rail carrier is in compliance with the 
     rules promulgated by the Board, the Board shall have the 
     right to examine and make copies of any documents, papers, or 
     records of such rail carrier relating to compliance with such 
     rules. Such documents, papers, and records (and any copies 
     thereof) shall not be subject to the mandatory disclosure 
     requirements of section 552 of title 5.

     ``Sec. 11163. Cost availability

       ``As required by the rules of the Board governing discovery 
     in Board proceedings, rail carriers shall make relevant cost 
     data available to shippers, States, ports, communities, and 
     other interested parties that are a party to a Board 
     proceeding in which such data are required.

     ``Sec. 11164. Accounting and cost reporting

       ``To obtain expense and revenue information for regulatory 
     purposes, the Board may promulgate reasonable rules for rail 
     carriers providing transportation subject to the jurisdiction 
     of the Board under this part, prescribing expense and revenue 
     accounting and reporting requirements consistent with 
     generally accepted accounting principles uniformly applied to 
     such carriers. Such requirements shall be cost effective and 
     compatible with and not duplicative of the managerial and 
     responsibility accounting requirements of those carriers.

                         ``CHAPTER 113--FINANCE

        ``SUBCHAPTER I--EQUIPMENT TRUSTS AND SECURITY INTERESTS

``Sec.
``11301. Equipment trusts: recordation; evidence of indebtedness.

                     ``SUBCHAPTER II--COMBINATIONS

``11321. Scope of authority.
``11322. Limitation on pooling and division of transportation or 
              earnings.
``11323. Consolidation, merger, and acquisition of control.
``11324. Consolidation, merger, and acquisition of control: conditions 
              of approval.
``11325. Consolidation, merger, and acquisition of control: procedure.
``11326. Employee protective arrangements in transactions involving 
              rail carriers.
``11327. Supplemental orders.
``11328. Restrictions on officers and directors.

        ``SUBCHAPTER I--EQUIPMENT TRUSTS AND SECURITY INTERESTS

     ``Sec. 11301. Equipment trusts: recordation; evidence of 
       indebtedness

       ``(a) A mortgage (other than a mortgage under chapter 313 
     of title 46), lease, equipment trust agreement, conditional 
     sales agreement, or other instrument evidencing the mortgage, 
     lease, conditional sale, or bailment of or security interest 
     in vessels, railroad cars, locomotives, or other rolling 
     stock, or accessories used on such railroad cars, 
     locomotives, or other rolling stock (including 
     superstructures and racks), intended for a use related to 
     interstate commerce shall be filed with the Board in order to 
     perfect the security interest that is the subject of such 
     instrument. An assignment of a right or interest under one of 
     those instruments and an amendment to that instrument or 
     assignment including a release, discharge, or satisfaction of 
     any part of it shall also be filed with the Board. The 
     instrument, assignment, or amendment must be in writing, 
     executed by the parties to it, and acknowledged or verified 
     under Board regulations. When filed under this section, that 
     document is notice to, and enforceable against, all persons. 
     A document filed under this section does not have to be 
     filed, deposited, registered, or recorded under another law 
     of the United States, a State (or its political 
     subdivisions), or territory or possession of the United 
     States, related to filing, deposit, registration, or 
     recordation of those documents. This section does not change 
     chapter 313 of title 46.
       ``(b) The Board shall maintain a system for recording each 
     document filed under subsection (a) of this section and mark 
     each of them with a consecutive number and the date and hour 
     of their recordation. The Board shall maintain and 

[[Page H15003]]
     keep open for public inspection an index of documents filed under that 
     subsection. That index shall include the name and address of 
     the principal debtors, trustees, guarantors, and other 
     parties to those documents and may include other facts that 
     will assist in determining the rights of the parties to those 
     transactions.
       ``(c) The Board may to the greatest extent practicable 
     perform its functions under this section through contracts 
     with private sector entities.
       ``(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 vessels, 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.
       ``(f) The Board shall collect, maintain, and keep open for 
     public inspection a railway equipment register consistent 
     with the manner and format maintained by the Interstate 
     Commerce Commission as of the effective date of the ICC 
     Termination Act of 1995.

                     ``SUBCHAPTER II--COMBINATIONS

     ``Sec. 11321. Scope of authority

       ``(a) The authority of the Board under this subchapter is 
     exclusive. A rail carrier or corporation participating in or 
     resulting from a transaction approved by or exempted by the 
     Board under this subchapter may carry out the transaction, 
     own and operate property, and exercise control or franchises 
     acquired through the transaction without the approval of a 
     State authority. A rail carrier, corporation, or person 
     participating in that approved or exempted transaction is 
     exempt from the antitrust laws and from all other law, 
     including State and municipal law, as necessary to let that 
     rail carrier, corporation, or person carry out the 
     transaction, hold, maintain, and operate property, and 
     exercise control or franchises acquired through the 
     transaction. However, if a purchase and sale, a lease, or a 
     corporate consolidation or merger is involved in the 
     transaction, the carrier or corporation may carry out the 
     transaction only with the assent of a majority, or the number 
     required under applicable State law, of the votes of the 
     holders of the capital stock of that corporation entitled to 
     vote. The vote must occur at a regular meeting, or special 
     meeting called for that purpose, of those stockholders and 
     the notice of the meeting must indicate its purpose.
       ``(b) A power granted under this subchapter to a carrier or 
     corporation is in addition to and changes its powers under 
     its corporate charter and under State law. Action under this 
     subchapter does not establish or provide for establishing a 
     corporation under the laws of the United States.

     ``Sec. 11322. Limitation on pooling and division of 
       transportation or earnings

       ``(a) A rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part may not agree 
     or combine with another of those rail carriers to pool or 
     divide traffic or services or any part of their earnings 
     without the approval of the Board under this section or 
     section 11123 of this title. The Board may approve and 
     authorize the agreement or combination if the rail carriers 
     involved assent to the pooling or division and the 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.
       ``(b) The Board may impose conditions governing the pooling 
     or division and may approve and authorize payment of a 
     reasonable consideration between the rail carriers.
       ``(c) The Board may begin a proceeding under this section 
     on its own initiative or on application.

     ``Sec. 11323. Consolidation, merger, and acquisition of 
       control

       ``(a) The following transactions involving rail carriers 
     providing transportation subject to the jurisdiction of the 
     Board under this part may be carried out only with the 
     approval and authorization of the Board:
       ``(1) Consolidation or merger of the properties or 
     franchises of at least 2 rail carriers into one corporation 
     for the ownership, management, and operation of the 
     previously separately owned properties.
       ``(2) A purchase, lease, or contract to operate property of 
     another rail carrier by any number of rail carriers.
       ``(3) Acquisition of control of a rail carrier by any 
     number of rail carriers.
       ``(4) Acquisition of control of at least 2 rail carriers by 
     a person that is not a rail carrier.
       ``(5) Acquisition of control of a rail carrier by a person 
     that is not a rail carrier but that controls any number of 
     rail carriers.
       ``(6) Acquisition by a rail carrier of trackage rights 
     over, or joint ownership in or joint use of, a railroad line 
     (and terminals incidental to it) owned or operated by another 
     rail carrier.
       ``(b) A person may carry out a transaction referred to in 
     subsection (a) of this section or participate in achieving 
     the control or management, including the power to exercise 
     control or management, in a common interest of more than one 
     of those rail carriers, regardless of how that result is 
     reached, only with the approval and authorization of the 
     Board under this subchapter. In addition to other 
     transactions, each of the following transactions are 
     considered achievements of control or management:
       ``(1) A transaction by a rail carrier that has the effect 
     of putting that rail carrier and person affiliated with it, 
     taken together, in control of another rail carrier.
       ``(2) A transaction by a person affiliated with a rail 
     carrier that has the effect of putting that rail carrier and 
     persons affiliated with it, taken together, in control of 
     another rail carrier.
       ``(3) A transaction by at least 2 persons acting together 
     (one of whom is a rail carrier or is affiliated with a rail 
     carrier) that has the effect of putting those persons and 
     rail carriers and persons affiliated with any of them, or 
     with any of those affiliated rail carriers, taken together, 
     in control of another rail carrier.
       ``(c) A person is affiliated with a rail carrier under this 
     subchapter if, because of the relationship between that 
     person and a rail carrier, it is reasonable to believe that 
     the affairs of another rail carrier, control of which may be 
     acquired by that person, will be managed in the interest of 
     the other rail carrier.

     ``Sec. 11324. Consolidation, merger, and acquisition of 
       control: conditions of approval

       ``(a) The Board may begin a proceeding to approve and 
     authorize a transaction referred to in section 11323 of this 
     title on application of the person seeking that authority. 
     When an application is filed with the Board, the Board shall 
     notify the chief executive officer of each State in which 
     property of the rail carriers involved in the proposed 
     transaction is located and shall notify those rail carriers. 
     The Board shall hold a public hearing unless the Board 
     determines that a public hearing is not necessary in the 
     public interest.
       ``(b) In a proceeding under this section which involves the 
     merger or control of at least two Class I railroads, as 
     defined by the Board, the Board shall consider at least--
       ``(1) the effect of the proposed transaction on the 
     adequacy of transportation to the public;
       ``(2) the effect on the public interest of including, or 
     failing to include, other rail carriers in the area involved 
     in the proposed transaction;
       ``(3) the total fixed charges that result from the proposed 
     transaction;
       ``(4) the interest of rail carrier employees affected by 
     the proposed transaction; and
       ``(5) whether the proposed transaction would have an 
     adverse effect on competition among rail carriers in the 
     affected region or in the national rail system.
       ``(c) The Board shall approve and authorize a transaction 
     under this section when it finds the transaction is 
     consistent with the public interest. The Board may impose 
     conditions governing the 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 
     anticompetitive effects of the transaction shall provide for 
     operating terms and compensation levels to ensure that such 
     effects are alleviated. When the transaction contemplates a 
     guaranty or assumption of payment of dividends or of fixed 
     charges or will result in an increase of total fixed charges, 
     the Board may approve and authorize the transaction only if 
     it finds that the guaranty, assumption, or increase is 
     consistent with the public interest. The Board may require 
     inclusion of other rail carriers located in the area involved 
     in the transaction if they apply for inclusion and the Board 
     finds their inclusion to be consistent with the public 
     interest.
       ``(d) In a proceeding under this section which does not 
     involve the merger or control of at least two Class I 
     railroads, as defined by the Board, the Board shall approve 
     such an application unless it finds that--
       ``(1) as a result of the transaction, there is likely to be 
     substantial lessening of competition, creation of a monopoly, 
     or restraint of trade in freight surface transportation in 
     any region of the United States; and
       ``(2) the anticompetitive effects of the transaction 
     outweigh the public interest in meeting significant 
     transportation needs.
     In making such findings, the Board shall, with respect to any 
     application that is part of a plan or proposal developed 
     under section 333(a)-(d) of this title, accord substantial 
     weight to any recommendations of the Attorney General.
       ``(e) No transaction described in section 11326(b) may have 
     the effect of avoiding a collective bargaining agreement or 
     shifting work from a rail carrier with a collective 
     bargaining agreement to a rail carrier without a collective 
     bargaining agreement.
       ``(f)(1) To the extent provided in this subsection, a 
     proceeding under this subchapter relating to a transaction 
     involving at least one Class I rail carrier shall not be 
     considered an adjudication required by statute to be 
     determined on the record after opportunity for an agency 
     hearing, for the purposes of subchapter II of chapter 5 of 
     title 5, United States Code.
       ``(2) Ex parte communications, as defined in section 
     551(14) of title 5, United States Code, shall be permitted in 
     proceedings described in paragraph (1) of this subsection, 
     subject to the requirements of paragraph (3) of this 
     subsection.
       ``(3)(A) Any member or employee of the Board who makes or 
     receives a written ex parte communication concerning the 
     merits of a proceeding described in paragraph (1) shall 
     promptly place the communication in the public docket of the 
     proceeding.
       ``(B) Any member or employee of the Board who makes or 
     receives an oral ex parte communication concerning the merits 
     of a proceeding described in paragraph (1) shall promptly 
     place a written summary of the oral communication in the 
     public docket of the proceeding.
     
[[Page H15004]]

       ``(4) Nothing in this subsection shall be construed to 
     require the Board or any of its members or employees to 
     engage in any ex parte communication with any person. Nothing 
     in this subsection or any other law shall be construed to 
     limit the authority of the members or employees of the Board, 
     in their discretion, to note in the docket or otherwise 
     publicly the occurrence and substance of an ex parte 
     communication.

     ``Sec. 11325. Consolidation, merger, and acquisition of 
       control: procedure

       ``(a) The Board shall publish notice of the application 
     under section 11324 in the Federal Register by the end of the 
     30th day after the application is filed with the Board. 
     However, if the application is incomplete, the Board shall 
     reject it by the end of that period. The order of rejection 
     is a final action of the Board. The published notice shall 
     indicate whether the application involves--
       ``(1) the merger or control of at least two Class I 
     railroads, as defined by the Board, to be decided within the 
     time limits specified in subsection (b) of this section;
       ``(2) transactions of regional or national transportation 
     significance, to be decided within the time limits specified 
     in subsection (c) of this section; or
       ``(3) any other transaction covered by this section, to be 
     decided within the time limits specified in subsection (d) of 
     this section.
       ``(b) If the application involves the merger or control of 
     two or more Class I railroads, as defined by the Board, the 
     following conditions apply:
       ``(1) Written comments about an application may be filed 
     with the Board within 45 days after notice of the application 
     is published under subsection (a) of this section. Copies of 
     such comments shall be served on the Attorney General and the 
     Secretary of Transportation, who may decide to intervene as a 
     party to the proceeding. That decision must be made by the 
     15th day after the date of receipt of the written comments, 
     and if the decision is to intervene, preliminary comments 
     about the application must be sent to the Board by the end of 
     the 15th day after the date of receipt of the written 
     comments.
       ``(2) The Board shall require that applications 
     inconsistent with an application, notice of which was 
     published under subsection (a) of this section, and 
     applications for inclusion in the transaction, be filed with 
     it by the 90th day after publication of notice under that 
     subsection.
       ``(3) The Board must conclude evidentiary proceedings by 
     the end of 1 year after the date of publication of notice 
     under subsection (a) of this section. The Board must issue a 
     final decision by the 90th day after the date on which it 
     concludes the evidentiary proceedings.
       ``(c) If the application involves a transaction other than 
     the merger or control of at least two Class I railroads, as 
     defined by the Board, which the Board has determined to be of 
     regional or national transportation significance, the 
     following conditions apply:
       ``(1) Written comments about an application, including 
     comments of the Attorney General and the Secretary of 
     Transportation, may be filed with the Board within 30 days 
     after notice of the application is published under subsection 
     (a) of this section.
       ``(2) The Board shall require that applications 
     inconsistent with an application, notice of which was 
     published under subsection (a) of this section, and 
     applications for inclusion in the transaction, be filed with 
     it by the 60th day after publication of notice under that 
     subsection.
       ``(3) The Board must conclude any evidentiary proceedings 
     by the 180th day after the date of publication of notice 
     under subsection (a) of this section. The Board must issue a 
     final decision by the 90th day after the date on which it 
     concludes the evidentiary proceedings.
       ``(d) For all applications under this section other than 
     those specified in subsections (b) and (c) of this section, 
     the following conditions apply:
       ``(1) Written comments about an application, including 
     comments of the Attorney General and the Secretary of 
     Transportation, may be filed with the Board within 30 days 
     after notice of the application is published under subsection 
     (a) of this section.
       ``(2) The Board must conclude any evidentiary proceedings 
     by the 105th day after the date of publication of notice 
     under subsection (a) of this section. The Board must issue a 
     final decision by the 45th day after the date on which it 
     concludes the evidentiary proceedings.

     ``Sec. 11326. Employee protective arrangements in 
       transactions involving rail carriers

       ``(a) Except as otherwise provided in this section, when 
     approval is sought for a transaction under sections 11324 and 
     11325 of this title, the Board shall require the rail carrier 
     to provide a fair arrangement at least as protective of the 
     interests of employees who are affected by the transaction as 
     the terms imposed under section 5(2)(f) of the Interstate 
     Commerce Act before February 5, 1976, and the terms 
     established under section 24706(c) of this title. 
     Notwithstanding this part, the arrangement may be made by the 
     rail carrier and the authorized representative of its 
     employees. The arrangement and the order approving the 
     transaction must require that the employees of the affected 
     rail carrier will not be in a worse position related to their 
     employment as a result of the transaction during the 4 years 
     following the effective date of the final action of the Board 
     (or if an employee was employed for a lesser period of time 
     by the rail carrier before the action became effective, for 
     that lesser period).
       ``(b) When approval is sought under sections 11324 and 
     11325 for a transaction involving one Class II and one or 
     more Class III rail carriers, there shall be an arrangement 
     as required under subsection (a) of this section, unless the 
     applicant elects to provide the alternative arrangement 
     specified in this subsection. Such alternative arrangement 
     shall be limited to one year of severance pay, which shall 
     not exceed the amount of earnings from the railroad 
     employment of that employee during the 12-month period 
     immediately preceding the date on which the application for 
     approval of such transaction is filed with the Board. The 
     amount of such severance pay shall be reduced by the amount 
     of earnings from railroad employment of that employee with 
     the acquiring carrier during the 12-month period immediately 
     following the effective date of the transaction. The parties 
     may agree to terms other than as provided in this subsection.
       ``(c) When approval is sought under sections 11324 and 
     11325 for a transaction involving only Class III rail 
     carriers, this section shall not apply.

     ``Sec. 11327. Supplemental orders

       ``When cause exists, the Board may make appropriate orders 
     supplemental to an order made in a proceeding under sections 
     11322 through 11326 of this title.

     ``Sec. 11328. Restrictions on officers and directors

       ``(a) A person may hold the position of officer or director 
     of more than one rail carrier only when authorized by the 
     Board. The Board may authorize a person to hold the position 
     of officer or director of more than one of those carriers 
     when public or private interests will not be adversely 
     affected.
       ``(b) This section shall not apply to an individual holding 
     the position of officer or director only of Class III rail 
     carriers.

                 ``CHAPTER 115--FEDERAL-STATE RELATIONS

``Sec.
``11501. Tax discrimination against rail transportation property.
``11502. Withholding State and local income tax by rail carriers.

     ``Sec. 11501. Tax discrimination against rail transportation 
       property

       ``(a) In this section--
       ``(1) the term `assessment' means valuation for a property 
     tax levied by a taxing district;
       ``(2) the term `assessment jurisdiction' means a 
     geographical area in a State used in determining the assessed 
     value of property for ad valorem taxation;
       ``(3) the term `rail transportation property' means 
     property, as defined by the Board, owned or used by a rail 
     carrier providing transportation subject to the jurisdiction 
     of the Board under this part; and
       ``(4) the term `commercial and industrial property' means 
     property, other than transportation property and land used 
     primarily for agricultural purposes or timber growing, 
     devoted to a commercial or industrial use and subject to a 
     property tax levy.
       ``(b) The following acts unreasonably burden and 
     discriminate against interstate commerce, and a State, 
     subdivision of a State, or authority acting for a State or 
     subdivision of a State may not do any of them:
       ``(1) Assess rail transportation property at a value that 
     has a higher ratio to the true market value of the rail 
     transportation property than the ratio that the assessed 
     value of other commercial and industrial property in the same 
     assessment jurisdiction has to the true market value of the 
     other commercial and industrial property.
       ``(2) Levy or collect a tax on an assessment that may not 
     be made under paragraph (1) of this subsection.
       ``(3) Levy or collect an ad valorem property tax on rail 
     transportation property at a tax rate that exceeds the tax 
     rate applicable to commercial and industrial property in the 
     same assessment jurisdiction.
       ``(4) Impose another tax that discriminates against a rail 
     carrier providing transportation subject to the jurisdiction 
     of the Board under this part.
       ``(c) Notwithstanding section 1341 of title 28 and without 
     regard to the amount in controversy or citizenship of the 
     parties, a district court of the United States has 
     jurisdiction, concurrent with other jurisdiction of courts of 
     the United States and the States, to prevent a violation of 
     subsection (b) of this section. Relief may be granted under 
     this subsection only if the ratio of assessed value to true 
     market value of rail transportation property exceeds by at 
     least 5 percent the ratio of assessed value to true market 
     value of other commercial and industrial property in the same 
     assessment jurisdiction. The burden of proof in determining 
     assessed value and true market value is governed by State 
     law. If the ratio of the assessed value of other commercial 
     and industrial property in the assessment jurisdiction to the 
     true market value of all other commercial and industrial 
     property cannot be determined to the satisfaction of the 
     district court through the random-sampling method known as a 
     sales assessment ratio study (to be carried out under 
     statistical principles applicable to such a study), the court 
     shall find, as a violation of this section--
       ``(1) an assessment of the rail transportation property at 
     a value that has a higher ratio to the true market value of 
     the rail transportation property than the assessed value of 
     all other property subject to a property tax levy in the 
     assessment jurisdiction has to the true market value of all 
     other commercial and industrial property; and
       ``(2) the collection of an ad valorem property tax on the 
     rail transportation property at a tax rate that exceeds the 
     tax ratio rate applicable to taxable property in the taxing 
     district. 
     
[[Page H15005]]


     ``Sec. 11502. Withholding State and local income tax by rail 
       carriers

       ``(a) No part of the compensation paid by a rail carrier 
     providing transportation subject to the jurisdiction of the 
     Board under this part to an employee who performs regularly 
     assigned duties as such an employee on a railroad in more 
     than one State shall be subject to the income tax laws of any 
     State or subdivision of that State, other than the State or 
     subdivision thereof of the employee's residence.
       ``(b) A rail carrier withholding pay from an employee under 
     subsection (a) of this section shall file income tax 
     information returns and other reports only with the State and 
     subdivision of residence of the employee.

    ``CHAPTER 117--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

``Sec.
``11701. General authority.
``11702. Enforcement by the Board.
``11703. Enforcement by the Attorney General.
``11704. Rights and remedies of persons injured by rail carriers.
``11705. Limitation on actions by and against rail carriers.
``11706. Liability of rail carriers under receipts and bills of lading.
``11707. Liability when property is delivered in violation of routing 
              instructions.

     ``Sec. 11701. General authority

       ``(a) Except as otherwise provided in this part, the Board 
     may begin an investigation under this part only on complaint. 
     If the Board finds that a rail carrier is violating this 
     part, the Board shall take appropriate action to compel 
     compliance with this part.
       ``(b) A person, including a governmental authority, may 
     file with the Board a complaint about a violation of this 
     part by a rail carrier providing transportation or service 
     subject to the jurisdiction of the Board under this part. The 
     complaint must state the facts that are the subject of the 
     violation. The Board may dismiss a complaint it determines 
     does not state reasonable grounds for investigation and 
     action. However, the Board may not dismiss a complaint made 
     against a rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part because of the 
     absence of direct damage to the complainant.
       ``(c) A formal investigative proceeding begun by the Board 
     under subsection (a) of this section is dismissed 
     automatically unless it is concluded by the Board with 
     administrative finality by the end of the third year after 
     the date on which it was begun.

     ``Sec. 11702. Enforcement by the Board

       ``The Board may bring a civil action--
       ``(1) to enjoin a rail carrier from violating sections 
     10901 through 10906 of this title, or a regulation prescribed 
     or order or certificate issued under any of those sections;
       ``(2) to enforce subchapter II of chapter 113 of this title 
     and to compel compliance with an order of the Board under 
     that subchapter; and
       ``(3) to enforce an order of the Board, except a civil 
     action to enforce an order for the payment of money, when it 
     is violated by a rail carrier providing transportation 
     subject to the jurisdiction of the Board under this part.

     ``Sec. 11703. Enforcement by the Attorney General

       ``(a) The Attorney General may, and on request of the Board 
     shall, bring court proceedings to enforce this part, or a 
     regulation or order of the Board or certificate issued under 
     this part, and to prosecute a person violating this part or a 
     regulation or order of the Board or certificate issued under 
     this part.
       ``(b) The United States Government may bring a civil action 
     on behalf of a person to compel a rail carrier providing 
     transportation subject to the jurisdiction of the Board under 
     this part to provide that transportation to that person in 
     compliance with this part at the same rate charged, or on 
     conditions as favorable as those given by the rail carrier, 
     for like traffic under similar conditions to another person.

     ``Sec. 11704. Rights and remedies of persons injured by rail 
       carriers

       ``(a) A person injured because a rail carrier providing 
     transportation or service subject to the jurisdiction of the 
     Board under this part does not obey an order of the Board, 
     except an order for the payment of money, may bring a civil 
     action in a United States District Court to enforce that 
     order under this subsection.
       ``(b) A rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part is liable for 
     damages sustained by a person as a result of an act or 
     omission of that carrier in violation of this part. A rail 
     carrier providing transportation subject to the jurisdiction 
     of the Board under this part is liable to a person for 
     amounts charged that exceed the applicable rate for the 
     transportation.
       ``(c)(1) A person may file a complaint with the Board under 
     section 11701(b) of this title or bring a civil action under 
     subsection (b) of this section to enforce liability against a 
     rail carrier providing transportation subject to the 
     jurisdiction of the Board under this part.
       ``(2) When the Board makes an award under subsection (b) of 
     this section, the Board shall order the rail carrier to pay 
     the amount awarded by a specific date. The Board may order a 
     rail carrier providing transportation subject to the 
     jurisdiction of the Board under this part to pay damages only 
     when the proceeding is on complaint. The person for whose 
     benefit an order of the Board requiring the payment of money 
     is made may bring a civil action to enforce that order under 
     this paragraph if the rail carrier does not pay the amount 
     awarded by the date payment was ordered to be made.
       ``(d)(1) When a person begins a civil action under 
     subsection (b) of this section to enforce an order of the 
     Board requiring the payment of damages by a rail carrier 
     providing transportation subject to the jurisdiction of the 
     Board under this part, the text of the order of the Board 
     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 Board are competent evidence of the 
     facts stated in them. Trial in a civil action brought in a 
     district court of the United States under this paragraph is 
     in the judicial district--
       ``(A) in which the plaintiff resides;
       ``(B) in which the principal operating office of the rail 
     carrier is located; or
       ``(C) through which the railroad line of that carrier runs.

     In a civil action under this paragraph, the plaintiff is 
     liable for only those costs that accrue on an appeal taken by 
     the plaintiff.
       ``(2) All parties in whose favor the award was made may be 
     joined as plaintiffs in a civil action brought in a district 
     court of the United States under this subsection and all the 
     rail carriers that are parties to the order awarding damages 
     may be joined as defendants. Trial in the action is in the 
     judicial district in which any one of the plaintiffs could 
     bring the action against any one of the defendants. Process 
     may be served on a defendant at its principal operating 
     office when that defendant is not in the district in which 
     the action is brought. A judgment ordering recovery may be 
     made in favor of any of those plaintiffs against the 
     defendant found to be liable to that plaintiff.
       ``(3) The district court shall award a reasonable 
     attorney's fee as a part of the damages for which a rail 
     carrier is found liable under this subsection. The district 
     court shall tax and collect that fee as a part of the costs 
     of the action.

     ``Sec. 11705. Limitation on actions by and against rail 
       carriers

       ``(a) A rail carrier providing transportation or service 
     subject to the jurisdiction of the Board under this part must 
     begin a civil action to recover charges for transportation or 
     service provided by the carrier within 3 years after the 
     claim accrues.
       ``(b) A person must begin a civil action to recover 
     overcharges under section 11704(b) of this title within 3 
     years after the claim accrues, whether or not a complaint is 
     filed under section 11704(c)(1).
       ``(c) A person must file a complaint with the Board to 
     recover damages under section 11704(b) of this title within 2 
     years after the claim accrues.
       ``(d) The limitation period under subsection (b) of this 
     section is extended for 6 months from the time written notice 
     is given to the claimant by the rail carrier of disallowance 
     of any part of the claim specified in the notice if a written 
     claim is given to the rail carrier within that limitation 
     period. The limitation periods under subsections (b) and (c) 
     of this section are extended for 90 days from the time the 
     rail carrier begins a civil action under subsection (a) of 
     this section to recover charges related to the same 
     transportation or service, or collects (without beginning a 
     civil action under that subsection) the charge for that 
     transportation or service if that action is begun or 
     collection is made within the appropriate period.
       ``(e) A person must begin a civil action to enforce an 
     order of the Board against a rail 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 
     rail carrier.

     ``Sec. 11706. Liability of rail carriers under receipts and 
       bills of lading

       ``(a) A rail carrier providing transportation or service 
     subject to the jurisdiction of the Board under this part 
     shall issue a receipt or bill of lading for property it 
     receives for transportation under this part. That rail 
     carrier and any other carrier that delivers the property and 
     is providing transportation or service subject to the 
     jurisdiction of the Board under this part are liable to the 
     person entitled to recover under the receipt or bill of 
     lading. The liability imposed under this subsection is for 
     the actual loss or injury to the property caused by--
       ``(1) the receiving rail carrier;
       ``(2) the delivering rail carrier; or
       ``(3) another rail carrier over whose line or route the 
     property is transported in the United States or from a place 
     in the United States to a place in an adjacent foreign 
     country when transported under a through bill of lading.

     Failure to issue a receipt or bill of lading does not affect 
     the liability of a rail carrier. A delivering rail carrier is 
     deemed to be the rail carrier performing the line-haul 
     transportation nearest the destination but does not include a 
     rail carrier providing only a switching service at the 
     destination.
       ``(b) The rail carrier issuing the receipt or bill of 
     lading under subsection (a) of this section or delivering the 
     property for which the receipt or bill of lading was issued 
     is entitled to recover from the rail carrier over whose line 
     or route the loss or injury occurred the amount required to 
     be paid to the owners of the property, as evidenced by a 
     receipt, judgment, or transcript, and the amount of its 
     expenses reasonably incurred in defending a civil action 
     brought by that person.
     
[[Page H15006]]

       ``(c)(1) A rail carrier may not limit or be exempt from 
     liability imposed under subsection (a) of this section except 
     as provided in this subsection. A limitation of liability or 
     of the amount of recovery or representation or agreement in a 
     receipt, bill of lading, contract, or rule in violation of 
     this section is void.
       ``(2) A rail carrier of passengers may limit its liability 
     under its passenger rate for loss or injury of baggage 
     carried on trains carrying passengers.
       ``(3) A rail carrier providing transportation or service 
     subject to the jurisdiction of the Board under this part may 
     establish rates for transportation of property under which--
       ``(A) the liability of the rail carrier for such property 
     is limited to a value established by written declaration of 
     the shipper or by a written agreement between the shipper and 
     the carrier; or
       ``(B) specified amounts are deducted, pursuant to a written 
     agreement between the shipper and the carrier, from any claim 
     against the carrier with respect to the transportation of 
     such property.
       ``(d)(1) A civil action under this section may be brought 
     in a district court of the United States or in a State court.
       ``(2)(A) A civil action under this section may only be 
     brought--
       ``(i) against the originating rail carrier, in the judicial 
     district in which the point of origin is located;
       ``(ii) against the delivering rail carrier, in the judicial 
     district in which the principal place of business of the 
     person bringing the action is located if the delivering 
     carrier operates a railroad or a route through such judicial 
     district, or in the judicial district in which the point of 
     destination is located; and
       ``(iii) against the carrier alleged to have caused the loss 
     or damage, in the judicial district in which such loss or 
     damage is alleged to have occurred.
       ``(B) In this section, `judicial district' means (i) in the 
     case of a United States district court, a judicial district 
     of the United States, and (ii) in the case of a State court, 
     the applicable geographic area over which such court 
     exercises jurisdiction.
       ``(e) A rail carrier may not provide by rule, contract, or 
     otherwise, a period of less than 9 months for filing a claim 
     against it under this section and a period of less than 2 
     years for bringing a civil action against it under this 
     section. The period for bringing a civil action is computed 
     from the date the carrier gives a person written notice that 
     the carrier has disallowed any part of the claim specified in 
     the notice. For the purposes of this subsection--
       ``(1) an offer of compromise shall not constitute a 
     disallowance of any part of the claim unless the carrier, in 
     writing, informs the claimant that such part of the claim is 
     disallowed and provides reasons for such disallowance; and
       ``(2) communications received from a carrier's insurer 
     shall not constitute a disallowance of any part of the claim 
     unless the insurer, in writing, informs the claimant that 
     such part of the claim is disallowed, provides reasons for 
     such disallowance, and informs the claimant that the insurer 
     is acting on behalf of the carrier.

     ``Sec. 11707. Liability when property is delivered in 
       violation of routing instructions

       ``(a)(1) When a rail carrier providing transportation 
     subject to the jurisdiction of the Board under this part 
     diverts or delivers property to another rail carrier in 
     violation of routing instructions in the bill of lading, both 
     of those rail carriers are jointly and severally liable to 
     the rail carrier that was deprived of its right to 
     participate in hauling that property for the total amount of 
     the rate it would have received if it participated in hauling 
     the property.
       ``(2) A rail carrier is not liable under paragraph (1) of 
     this subsection when it diverts or delivers property in 
     compliance with an order or regulation of the Board.
       ``(3) A rail carrier to whom property is transported is not 
     liable under this subsection if it shows that it had no 
     notice of the routing instructions before transporting the 
     property. The burden of proving lack of notice is on that 
     rail carrier.
       ``(b) The court shall award a reasonable attorney's fee to 
     the plaintiff in a judgment against the defendant rail 
     carrier under subsection (a) of this section. The court shall 
     tax and collect that fee as a part of the costs of the 
     action.

              ``CHAPTER 119--CIVIL AND CRIMINAL PENALTIES

``Sec.
``11901. General civil penalties.
``11902. Interference with railroad car supply.
``11903. Record keeping and reporting violations.
``11904. Unlawful disclosure of information.
``11905. Disobedience to subpoenas.
``11906. General criminal penalty when specific penalty not provided.
``11907. Punishment of corporation for violations committed by certain 
              individuals.
``11908. Relation to other Federal criminal penalties.

     ``Sec. 11901. General civil penalties

       ``(a) Except as otherwise provided in this section, a rail 
     carrier providing transportation subject to the jurisdiction 
     of the Board under this part, an officer or agent of that 
     rail carrier, or a receiver, trustee, lessee, or agent of one 
     of them, knowingly violating this part or an order of the 
     Board under this part is liable to the United States 
     Government for a civil penalty of not more than $5,000 for 
     each violation. Liability under this subsection is incurred 
     for each distinct violation. A separate violation occurs for 
     each day the violation continues.
       ``(b) A rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part, or a receiver 
     or trustee of that rail carrier, violating a regulation or 
     order of the Board under section 11124(a)(2) or (b) of this 
     title is liable to the United States Government for a civil 
     penalty of $500 for each violation and for $25 for each day 
     the violation continues.
       ``(c) A person knowingly authorizing, consenting to, or 
     permitting a violation of sections 10901 through 10906 of 
     this title or of a requirement or a regulation under any of 
     those sections, is liable to the United States Government for 
     a civil penalty of not more than $5,000.
       ``(d) A rail carrier, receiver, or operating trustee 
     violating an order or direction of the Board under section 
     11123 or 11124(a)(1) of this title is liable to the United 
     States Government for a civil penalty of at least $100 but 
     not more than $500 for each violation and for $50 for each 
     day the violation continues.
       ``(e)(1) A person required under subchapter III of chapter 
     111 of this title to make, prepare, preserve, or submit to 
     the Board a record concerning transportation subject to the 
     jurisdiction of the Board under this part that does not make, 
     prepare, preserve, or submit that record as required under 
     that subchapter, is liable to the United States Government 
     for a civil penalty of $500 for each violation.
       ``(2) A rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part, and a lessor, 
     receiver, or trustee of that rail carrier, violating section 
     11144(b)(1) of this title, is liable to the United States 
     Government for a civil penalty of $100 for each violation.
       ``(3) A rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part, a lessor, 
     receiver, or trustee of that rail carrier, a person 
     furnishing cars, and an officer, agent, or employee of one of 
     them, required to make a report to the Board or answer a 
     question that does not make the report or does not 
     specifically, completely, and truthfully answer the question, 
     is liable to the United States Government for a civil penalty 
     of $100 for each violation.
       ``(4) A separate violation occurs for each day a violation 
     under this subsection continues.
       ``(f) Trial in a civil action under subsections (a) through 
     (e) of this section is in the judicial district in which the 
     rail carrier has its principal operating office or in a 
     district through which the railroad of the rail carrier runs.

     ``Sec. 11902. Interference with railroad car supply

       ``(a) A person that offers or gives anything of value to 
     another person acting for or employed by a rail carrier 
     providing transportation subject to the jurisdiction of the 
     Board under this part intending to influence an action of 
     that other person related to supply, distribution, or 
     movement of cars, vehicles, or vessels used in the 
     transportation of property, or because of the action of that 
     other person, shall be fined not more than $1,000, imprisoned 
     for not more than 2 years, or both.
       ``(b) A person acting for or employed by a rail carrier 
     providing transportation subject to the jurisdiction of the 
     Board under this part that solicits, accepts, or receives 
     anything of value--
       ``(1) intending to be influenced by it in an action of that 
     person related to supply, distribution, or movement of cars, 
     vehicles, or vessels used in the transportation of property; 
     or
       ``(2) because of the action of that person,

     shall be fined not more than $1,000, imprisoned for not more 
     than 2 years, or both.

     ``Sec. 11903. Record keeping and reporting violations

       ``A person required to make a report to the Board, or make, 
     prepare, or preserve a record, under subchapter III of 
     chapter 111 of this title about transportation subject to the 
     jurisdiction of the Board under this part that knowingly and 
     willfully--
       ``(1) makes a false entry in the report or record;
       ``(2) destroys, mutilates, changes, or by another means 
     falsifies the record;
       ``(3) does not enter business related facts and 
     transactions in the record;
       ``(4) makes, prepares, or preserves the record in violation 
     of a regulation or order of the Board; or
       ``(5) files a false report or record with the Board,

     shall be fined not more than $5,000, imprisoned for not more 
     than 2 years, or both.

     ``Sec. 11904. Unlawful disclosure of information

       ``(a) A--
       ``(1) rail carrier providing transportation subject to the 
     jurisdiction of the Board under this part, or an officer, 
     agent, or employee of that rail carrier, or another person 
     authorized to receive information from that rail carrier, 
     that knowingly discloses to another person, except the 
     shipper or consignee; or
       ``(2) a person who solicits or knowingly receives,

     information described in subsection (b) without the consent 
     of the shipper or consignee shall be fined not more than 
     $1,000.
       ``(b) The information referred to in subsection (a) is 
     information about the nature, kind, quantity, destination, 
     consignee, or routing of property tendered or delivered to 
     that rail carrier for transportation provided under this 
     part, or information about the contents of a contract 
     authorized under section 10709 of this title, that may be 
     used to the detriment of the shipper or consignee or may 
     disclose improperly, to a competitor, the business 
     transactions of the shipper or consignee.
       ``(c) This part does not prevent a rail carrier providing 
     transportation subject to the jurisdiction of the Board under 
     this part from giving information--
       ``(1) in response to legal process issued under authority 
     of a court of the United States or a State;
       ``(2) to an officer, employee, or agent of the United 
     States Government, a State, or a territory or possession of 
     the United States; or
     
[[Page H15007]]

       ``(3) to another rail carrier or its agent to adjust mutual 
     traffic accounts in the ordinary course of business.
       ``(d) An employee of the Board delegated to make an 
     inspection or examination under section 11144 of this title 
     who knowingly discloses information acquired during that 
     inspection or examination, except as directed by the Board, a 
     court, or a judge of that court, shall be fined not more than 
     $500, imprisoned for not more than 6 months, or both.
       ``(e) A person that knowingly discloses confidential data 
     made available to such person under section 11163 of this 
     title by a rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part shall be fined 
     not more than $50,000.

     ``Sec. 11905. Disobedience to subpoenas

       ``A person not obeying a subpoena or requirement of the 
     Board to appear and testify or produce records shall be fined 
     at least $100 but not more than $5,000, imprisoned for not 
     more than one year, or both.

     ``Sec. 11906. General criminal penalty when specific penalty 
       not provided

       ``When another criminal penalty is not provided under this 
     chapter, a rail carrier providing transportation subject to 
     the jurisdiction of the Board under this part, and when that 
     rail carrier is a corporation, a director or officer of the 
     corporation, or a receiver, trustee, lessee, or person acting 
     for or employed by the corporation that, alone or with 
     another person, willfully violates this part or an order 
     prescribed under this part, shall be fined not more than 
     $5,000. The person may be imprisoned for not more than 2 
     years in addition to being fined under this section. A 
     separate violation occurs each day a violation of this title 
     continues.

     ``Sec. 11907. Punishment of corporation for violations 
       committed by certain individuals

       ``An act or omission that would be a violation of this part 
     if committed by a director, officer, receiver, trustee, 
     lessee, agent, or employee of a rail carrier providing 
     transportation or service subject to the jurisdiction of the 
     Board under this part that is a corporation is also a 
     violation of this part by that corporation. The penalties of 
     this chapter apply to that violation. When acting in the 
     scope of their employment, the actions and omissions of 
     individuals acting for or employed by that rail carrier are 
     considered to be the actions and omissions of that rail 
     carrier as well as that individual.

     ``Sec. 11908. Relation to other Federal criminal penalties

       ``Notwithstanding section 3571 of title 18, United States 
     Code, the criminal penalties provided for in this chapter are 
     the exclusive criminal penalties for violations of this 
     part.''.
       (b) Conforming Amendment.--The item relating to subtitle IV 
     in the table of subtitles of title 49, United States Code, is 
     amended by striking ``Commerce'' and inserting in lieu 
     thereof ``Transportation''.

     SEC. 103. MOTOR CARRIER, WATER CARRIER, AND FREIGHT FORWARDER 
                   PROVISIONS.

       Subtitle IV of title 49, United States Code, is further 
     amended by adding at the end the following:

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

                   ``CHAPTER 131--GENERAL PROVISIONS

``Sec.
``13101. Transportation policy.
``13102. Definitions.
``13103. Remedies as cumulative.

     ``Sec. 13101. Transportation policy

       ``(a) In General.--To ensure the development, coordination, 
     and preservation of a transportation system that meets the 
     transportation needs of the United States, including the 
     United States Postal Service and national defense, it is the 
     policy of the United States Government to oversee the modes 
     of transportation and--
       ``(1) in overseeing those modes--
       ``(A) to recognize and preserve the inherent advantage of 
     each mode of transportation;
       ``(B) to promote safe, adequate, economical, and efficient 
     transportation;
       ``(C) to encourage sound economic conditions in 
     transportation, including sound economic conditions among 
     carriers;
       ``(D) to encourage the establishment and maintenance of 
     reasonable rates for transportation, without unreasonable 
     discrimination or unfair or destructive competitive 
     practices;
       ``(E) to cooperate with each State and the officials of 
     each State on transportation matters; and
       ``(F) to encourage fair wages and working conditions in the 
     transportation industry;
       ``(2) in overseeing transportation by motor carrier, to 
     promote competitive and efficient transportation services in 
     order to--
       ``(A) encourage fair competition, and reasonable rates for 
     transportation by motor carriers of property;
       ``(B) promote efficiency in the motor carrier 
     transportation system and to require fair and expeditious 
     decisions when required;
       ``(C) meet the needs of shippers, receivers, passengers, 
     and consumers;
       ``(D) allow a variety of quality and price options to meet 
     changing market demands and the diverse requirements of the 
     shipping and traveling public;
       ``(E) allow the most productive use of equipment and energy 
     resources;
       ``(F) enable efficient and well-managed carriers to earn 
     adequate profits, attract capital, and maintain fair wages 
     and working conditions;
       ``(G) provide and maintain service to small communities and 
     small shippers and intrastate bus services;
       ``(H) provide and maintain commuter bus operations;
       ``(I) improve and maintain a sound, safe, and competitive 
     privately owned motor carrier system;
       ``(J) promote greater participation by minorities in the 
     motor carrier system;
       ``(K) promote intermodal transportation;
       ``(3) in overseeing transportation by motor carrier of 
     passengers--
       ``(A) to cooperate with the States on transportation 
     matters for the purpose of encouraging the States to exercise 
     intrastate regulatory jurisdiction in accordance with the 
     objectives of this part;
       ``(B) to provide Federal procedures which ensure that 
     intrastate regulation is exercised in accordance with this 
     part; and
       ``(C) to ensure that Federal reform initiatives enacted by 
     section 31138 and the Bus Regulatory Reform Act of 1982 are 
     not nullified by State regulatory actions; and
       ``(4) in overseeing transportation by water carrier, to 
     encourage and promote service and price competition in the 
     noncontiguous domestic trade.
       ``(b) Administration To Carry Out Policy.--This part shall 
     be administered and enforced to carry out the policy of this 
     section and to promote the public interest.

     ``Sec. 13102. Definitions

       ``In this part, the following definitions shall apply:
       ``(1) Board.--The term `Board' means the Surface 
     Transportation Board.
       ``(2) Broker.--The term `broker' means a person, other than 
     a motor carrier or an employee or agent of a motor carrier, 
     that as a principal or agent sells, offers for sale, 
     negotiates for, or holds itself out by solicitation, 
     advertisement, or otherwise as selling, providing, or 
     arranging for, transportation by motor carrier for 
     compensation.
       ``(3) Carrier.--The term `carrier' means a motor carrier, a 
     water carrier, and a freight forwarder.
       ``(4) Contract carriage.--The term `contract carriage' 
     means--
       ``(A) for transportation provided before the effective date 
     of this section, service provided pursuant to a permit issued 
     under section 10923, as in effect on the day before the 
     effective date of this section; and
       ``(B) for transportation provided on or after such date, 
     service provided under an agreement entered into under 
     section 14101(b).
       ``(5) Control.--The term `control', when referring to a 
     relationship between persons, includes actual control, legal 
     control, and the power to exercise control, through or by--
       ``(A) common directors, officers, stockholders, a voting 
     trust, or a holding or investment company, or
       ``(B) any other means.
       ``(6) Foreign motor carrier.--The term `foreign motor 
     carrier' means a person (including a motor carrier of 
     property but excluding a motor private carrier)--
       ``(A)(i) that is domiciled in a contiguous foreign country; 
     or
       ``(ii) that is owned or controlled by persons of a 
     contiguous foreign country; and
       ``(B) in the case of a person that is not a motor carrier 
     of property, that provides interstate transportation of 
     property by motor vehicle under an agreement or contract 
     entered into with a motor carrier of property (other than a 
     motor private carrier or a motor carrier of property 
     described in subparagraph (A)).
       ``(7) Foreign motor private carrier.--The term `foreign 
     motor private carrier' means a person (including a motor 
     private carrier but excluding a motor carrier of property)--
       ``(A)(i) that is domiciled in a contiguous foreign country; 
     or
       ``(ii) that is owned or controlled by persons of a 
     contiguous foreign country; and
       ``(B) in the case of a person that is not a motor private 
     carrier, that provides interstate transportation of property 
     by motor vehicle under an agreement or contract entered into 
     with a person (other than a motor carrier of property or a 
     motor private carrier described in subparagraph (A)).
       ``(8) Freight forwarder.--The term `freight forwarder' 
     means a person holding itself out to the general public 
     (other than as a pipeline, rail, motor, or water carrier) to 
     provide transportation of property for compensation and in 
     the ordinary course of its business--
       ``(A) assembles and consolidates, or provides for 
     assembling and consolidating, shipments and performs or 
     provides for break-bulk and distribution operations of the 
     shipments;
       ``(B) assumes responsibility for the transportation from 
     the place of receipt to the place of destination; and
       ``(C) uses for any part of the transportation a carrier 
     subject to jurisdiction under this subtitle.

     The term does not include a person using transportation of an 
     air carrier subject to part A of subtitle VII.
       ``(9) Highway.--The term `highway' means a road, highway, 
     street, and way in a State.
       ``(10) Household goods.--The term `household goods', as 
     used in connection with transportation, means personal 
     effects and property used or to be used in a dwelling, when a 
     part of the equipment or supply of such dwelling, and similar 
     property if the transportation of such effects or property 
     is--
       ``(A) arranged and paid for by the householder, including 
     transportation of property from a factory or store when the 
     property is purchased by the householder with intent to use 
     in his or her dwelling, or
       ``(B) arranged and paid for by another party.
       ``(11) Household goods freight forwarder.--The term 
     `household goods freight forwarder' means a freight forwarder 
     of one or more of the following items: household goods, 
     unaccompanied baggage, or used automobiles.
       ``(12) Motor carrier.--The term `motor carrier' means a 
     person providing motor vehicle transportation for 
     compensation.
     
[[Page H15008]]

       ``(13) Motor private carrier.--The term `motor private 
     carrier' means a person, other than a motor carrier, 
     transporting property by motor vehicle when--
       ``(A) the transportation is as provided in section 13501 of 
     this title;
       ``(B) the person is the owner, lessee, or bailee of the 
     property being transported; and
       ``(C) the property is being transported for sale, lease, 
     rent, or bailment or to further a commercial enterprise.
       ``(14) Motor vehicle.--The term `motor vehicle' means a 
     vehicle, machine, tractor, trailer, or semitrailer propelled 
     or drawn by mechanical power and used on a highway in 
     transportation, or a combination determined by the Secretary, 
     but does not include a vehicle, locomotive, or car operated 
     only on a rail, or a trolley bus operated by electric power 
     from a fixed overhead wire, and providing local passenger 
     transportation similar to street-railway service.
       ``(15) Noncontiguous domestic trade.--The term 
     `noncontiguous domestic trade' means transportation subject 
     to jurisdiction under chapter 135 involving traffic 
     originating in or destined to Alaska, Hawaii, or a territory 
     or possession of the United States.
       ``(16) Person.--The term `person', in addition to its 
     meaning under section 1 of title 1, includes a trustee, 
     receiver, assignee, or personal representative of a person.
       ``(17) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(18) State.--The term `State' means the 50 States of the 
     United States and the District of Columbia.
       ``(19) Transportation.--The term `transportation' 
     includes--
       ``(A) a motor vehicle, vessel, warehouse, wharf, pier, 
     dock, yard, property, facility, instrumentality, or equipment 
     of any kind related to the movement of passengers or 
     property, or both, regardless of ownership or an agreement 
     concerning use; and
       ``(B) services related to that movement, including 
     arranging for, receipt, delivery, elevation, transfer in 
     transit, refrigeration, icing, ventilation, storage, 
     handling, packing, unpacking, and interchange of passengers 
     and property.
       ``(20) United states.--The term `United States' means the 
     States of the United States and the District of Columbia.
       ``(21) Vessel.--The term `vessel' means a watercraft or 
     other artificial contrivance that is used, is capable of 
     being used, or is intended to be used, as a means of 
     transportation by water.
       ``(22) Water carrier.--The term `water carrier' means a 
     person providing water transportation for compensation.

     ``Sec. 13103. Remedies as cumulative

       ``Except as otherwise provided in this part, the remedies 
     provided under this part are in addition to remedies existing 
     under another law or common law.

                ``CHAPTER 133--ADMINISTRATIVE PROVISIONS

``Sec.
``13301. Powers.
``13302. Intervention.
``13303. Service of notice in proceedings.
``13304. Service of process in court proceedings.

     ``Sec. 13301. Powers

       ``(a) General Powers of Secretary.--Except as otherwise 
     specified, the Secretary shall carry out this part. 
     Enumeration of a power of the Secretary in this part does not 
     exclude another power the Secretary may have in carrying out 
     this part. The Secretary may prescribe regulations in 
     carrying out this part.
       ``(b) Obtaining Information.--The Secretary may obtain from 
     carriers providing, and brokers for, transportation and 
     service subject to this part, and from persons controlling, 
     controlled by, or under common control with those carriers or 
     brokers to the extent that the business of that person is 
     related to the management of the business of that carrier or 
     broker, information the Secretary decides is necessary to 
     carry out this part.
       ``(c) Subpoena Power.--
       ``(1) By secretary.--The Secretary may subpoena witnesses 
     and records related to a proceeding under this part from any 
     place in the United States, to the designated place of the 
     proceeding. If a witness disobeys a subpoena, the Secretary, 
     or a party to a proceeding under this part, may petition a 
     court of the United States to enforce that subpoena.
       ``(2) Enforcement.--The district courts of the United 
     States have jurisdiction to enforce a subpoena issued under 
     this section. Trial is in the district in which the 
     proceeding is conducted. The court may punish a refusal to 
     obey a subpoena as a contempt of court.
       ``(d) Testimony of Witnesses.--
       ``(1) Procedure for taking testimony.--In a proceeding 
     under this part, the Secretary may take the testimony of a 
     witness by deposition and may order the witness to produce 
     records. A party to a proceeding pending under this part may 
     take the testimony of a witness by deposition and may require 
     the witness to produce records at any time after a proceeding 
     is at issue on petition and answer.
       ``(2) Subpoena.--If a witness fails to be deposed or to 
     produce records under paragraph (1) of this subsection, the 
     Secretary may subpoena the witness to take a deposition, 
     produce the records, or both.
       ``(3) Depositions.--A deposition may be taken before a 
     judge of a court of the United States, a United States 
     magistrate judge, a clerk of a district court, or a 
     chancellor, justice, or judge of a supreme or superior court, 
     mayor or chief magistrate of a city, judge of a county court, 
     or court of common pleas of any State, or a notary public who 
     is not counsel or attorney of a party or interested in the 
     proceeding.
       ``(4) Notice of deposition.--Before taking a deposition, 
     reasonable notice must be given in writing by the party or 
     the attorney of that party proposing to take a deposition to 
     the opposing party or the attorney of record of that party, 
     whoever is nearest. The notice shall state the name of the 
     witness and the time and place of taking the deposition.
       ``(5) Transcript.--The testimony of a person deposed under 
     this subsection shall be taken under oath. The person taking 
     the deposition shall prepare, or cause to be prepared, a 
     transcript of the testimony taken. The transcript shall be 
     subscribed by the deponent.
       ``(6) Foreign country.--The testimony of a witness who is 
     in a foreign country may be taken by deposition before an 
     officer or person designated by the Secretary or agreed on by 
     the parties by written stipulation filed with the Secretary. 
     A deposition shall be filed with the Secretary promptly.
       ``(e) Witness Fees.--Each witness summoned before the 
     Secretary or whose deposition is taken under this section and 
     the individual taking the deposition are entitled to the same 
     fees and mileage paid for those services in the courts of the 
     United States.
       ``(f) Powers of Board.--For those provisions of this part 
     that are specified to be carried out by the Board, the Board 
     shall have the same powers as the Secretary has under this 
     section.

     ``Sec. 13302. Intervention

       ``Under regulations of the Secretary, reasonable notice of, 
     and an opportunity to intervene and participate in, a 
     proceeding under this part related to transportation subject 
     to jurisdiction under subchapter I of chapter 135 shall be 
     given to interested persons.

     ``Sec. 13303. Service of notice in proceedings

       ``(a) Agents for Service of Process.--A carrier, a broker, 
     or a freight forwarder providing transportation or service 
     subject to jurisdiction under chapter 135 shall designate, in 
     writing, an agent by name and post office address on whom 
     service of notices in a proceeding before, and of actions of, 
     the Secretary may be made.
       ``(b) Filing With State.--A motor carrier providing 
     transportation under this part shall also file the 
     designation with the appropriate authority of each State in 
     which it operates. The designation may be changed at any time 
     in the same manner as originally made.
       ``(c) Notice.--A notice to a motor carrier, freight 
     forwarder, or broker shall be served personally or by mail on 
     the motor carrier, freight forwarder, or broker or on its 
     designated agent. Service by mail on the designated agent 
     shall be made at the address filed for the agent. When notice 
     is given by mail, the date of mailing is considered to be the 
     time when the notice is served. If a motor carrier, freight 
     forwarder, or broker does not have a designated agent, 
     service may be made by posting a copy of the notice at the 
     headquarters of the Department of Transportation.

     ``Sec. 13304. Service of process in court proceedings

       ``(a) Designation of Agent.--A motor carrier or broker 
     providing transportation subject to jurisdiction under 
     chapter 135, 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 in which the carrier operates 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) Change.--A designation under this section may be 
     changed at any time in the same manner as originally made.

                      ``CHAPTER 135--JURISDICTION

              ``SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

``Sec.
``13501. General jurisdiction.
``13502. Exempt transportation between Alaska and other States.
``13503. Exempt motor vehicle transportation in terminal areas.
``13504. Exempt motor carrier transportation entirely in one State.
``13505. Transportation furthering a primary business.
``13506. Miscellaneous motor carrier transportation exemptions.
``13507. Mixed loads of regulated and unregulated property.
``13508. Limited authority over cooperative associations.

             ``SUBCHAPTER II--WATER CARRIER TRANSPORTATION

``13521. General jurisdiction.

              ``SUBCHAPTER III--FREIGHT FORWARDER SERVICE

``13531. General jurisdiction.

                  ``SUBCHAPTER IV--AUTHORITY TO EXEMPT

``13541. Authority to exempt transportation or services.

              ``SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

     ``Sec. 13501. General jurisdiction

       ``The Secretary and the 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--
     
[[Page H15009]]

       ``(1) between a place in--
       ``(A) a State and a place in another State;
       ``(B) a State and another place in the same State through 
     another State;
       ``(C) the United States and a place in a territory or 
     possession of the United States to the extent the 
     transportation is in the United States;
       ``(D) the United States and another place in the United 
     States through a foreign country to the extent the 
     transportation is in the United States; or
       ``(E) the United States and a place in a foreign country to 
     the extent the transportation is in the United States; and
       ``(2) in a reservation under the exclusive jurisdiction of 
     the United States or on a public highway.

     ``Sec. 13502. Exempt transportation between Alaska and other 
       States

       ``To the extent that transportation by a motor carrier 
     between a place in Alaska and a place in another State under 
     section 13501 is provided in a foreign country--
       ``(1) neither the Secretary nor the 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) Transportation by Carriers.--
       ``(1) In general.--Neither the Secretary nor the 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;
       ``(ii) a water carrier subject to jurisdiction under 
     subchapter II of this chapter; or
       ``(iii) a freight forwarder subject to jurisdiction under 
     subchapter III of this chapter; and
       ``(C) is incidental to transportation or service provided 
     by the carrier or freight forwarder that is subject to 
     jurisdiction under chapter 105 of this title or under 
     subchapter II or III of this chapter.
       ``(2) Applicability of other provisions.--Transportation 
     exempt from jurisdiction under paragraph (1) of this 
     subsection is subject to jurisdiction under chapter 105 when 
     provided by such a rail carrier, under subchapter II of this 
     chapter when provided by such a water carrier, and under 
     subchapter III of this chapter when provided by such a 
     freight forwarder.
       ``(b) Transportation by Agent.--
       ``(1) In general.--Except to the extent provided by 
     paragraph (2) of this subsection, neither the Secretary nor 
     the 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) Treatment of transportation by principal.--
     Transportation exempt from jurisdiction under paragraph (1) 
     of this subsection is considered transportation provided by 
     the carrier or service provided by the freight forwarder for 
     whom the transportation was provided and is subject to 
     jurisdiction under chapter 105 of this title when provided 
     for such a rail carrier, under this subchapter when provided 
     for such a motor carrier, under subchapter II of this chapter 
     when provided for such a water carrier, and under subchapter 
     III of this chapter when provided for such a freight 
     forwarder.

     ``Sec. 13504. Exempt motor carrier transportation entirely in 
       one State

       ``Neither the Secretary nor the 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.

     ``Sec. 13505. Transportation furthering a primary business

       ``(a) In General.--Neither the Secretary nor the Board has 
     jurisdiction under this part over the transportation of 
     property by motor vehicle when--
       ``(1) the property is transported by a person engaged in a 
     business other than transportation; and
       ``(2) the transportation is within the scope of, and 
     furthers a primary business (other than transportation) of 
     the person.
       ``(b) Corporate Families.--
       ``(1) In general.--Neither the Secretary nor the Board has 
     jurisdiction under this part over transportation of property 
     by motor vehicle for compensation provided by a person who is 
     a member of a corporate family for other members of such 
     corporate family.
       ``(2) Definition.--In this section, `corporate family' 
     means a group of corporations consisting of a parent 
     corporation and all subsidiaries in which the parent 
     corporation owns directly or indirectly a 100 percent 
     interest.

     ``Sec. 13506. Miscellaneous motor carrier transportation 
       exemptions

       ``(a) In General.--Neither the Secretary nor the Board has 
     jurisdiction under this part over--
       ``(1) a motor vehicle transporting only school children and 
     teachers to or from school;
       ``(2) a motor vehicle providing taxicab service and having 
     a capacity of not more than 6 passengers and not operated on 
     a regular route or between specified places;
       ``(3) a motor vehicle owned or operated by or for a hotel 
     and only transporting hotel patrons between the hotel and the 
     local station of a carrier;
       ``(4) a motor vehicle controlled and operated by a farmer 
     and transporting--
       ``(A) the farmer's agricultural or horticultural 
     commodities and products; or
       ``(B) supplies to the farm of the farmer;
       ``(5) a motor vehicle controlled and operated by a 
     cooperative association (as defined by section 15(a) of the 
     Agricultural Marketing Act (12 U.S.C. 1141j(a)) or by a 
     federation of cooperative associations if the federation has 
     no greater power or purposes than a cooperative association, 
     except that if the cooperative association or federation 
     provides transportation for compensation between a place in a 
     State and a place in another State, or between a place in a 
     State and another place in the same State through another 
     State--
       ``(A) for a nonmember that is not a farmer, cooperative 
     association, federation, or the United States Government, the 
     transportation (except for transportation otherwise exempt 
     under this subchapter)--
       ``(i) shall be limited to transportation incidental to the 
     primary transportation operation of the cooperative 
     association or federation and necessary for its effective 
     performance; and
       ``(ii) may not exceed in each fiscal year 25 percent of the 
     total transportation of the cooperative association or 
     federation between those places, measured by tonnage; and
       ``(B) the transportation for all nonmembers may not exceed 
     in each fiscal year, measured by tonnage, the total 
     transportation between those places for the cooperative 
     association or federation and its members during that fiscal 
     year;
       ``(6) transportation by motor vehicle of--
       ``(A) ordinary livestock;
       ``(B) agricultural or horticultural commodities (other than 
     manufactured products thereof);
       ``(C) commodities listed as exempt in the Commodity List 
     incorporated in ruling numbered 107, March 19, 1958, Bureau 
     of Motor Carriers, Interstate Commerce Commission, other than 
     frozen fruits, frozen berries, frozen vegetables, cocoa 
     beans, coffee beans, tea, bananas, or hemp, or wool imported 
     from a foreign country, wool tops and noils, or wool waste 
     (carded, spun, woven, or knitted);
       ``(D) cooked or uncooked fish, whether breaded or not, or 
     frozen or fresh shellfish, or byproducts thereof not intended 
     for human consumption, other than fish or shellfish that have 
     been treated for preserving, such as canned, smoked, pickled, 
     spiced, corned, or kippered products; and
       ``(E) livestock and poultry feed and agricultural seeds and 
     plants, if such products (excluding products otherwise exempt 
     under this paragraph) are transported to a site of 
     agricultural production or to a business enterprise engaged 
     in the sale to agricultural producers of goods used in 
     agricultural production;
       ``(7) a motor vehicle used only to distribute newspapers;
       ``(8)(A) transportation of passengers by motor vehicle 
     incidental to transportation by aircraft;
       ``(B) transportation of property (including baggage) by 
     motor vehicle as part of a continuous movement which, prior 
     or subsequent to such part of the continuous movement, has 
     been or will be transported by an air carrier or (to the 
     extent so agreed by the United States and approved by the 
     Secretary) by a foreign air carrier; or
       ``(C) transportation of property by motor vehicle in lieu 
     of transportation by aircraft because of adverse weather 
     conditions or mechanical failure of the aircraft or other 
     causes due to circumstances beyond the control of the carrier 
     or shipper;
       ``(9) the operation of a motor vehicle in a national park 
     or national monument;
       ``(10) a motor vehicle carrying not more than 15 
     individuals in a single, daily roundtrip to commute to and 
     from work;
       ``(11) transportation of used pallets and used empty 
     shipping containers (including intermodal cargo containers), 
     and other used shipping devices (other than containers or 
     devices used in the transportation of motor vehicles or parts 
     of motor vehicles);
       ``(12) transportation of natural, crushed, vesicular rock 
     to be used for decorative purposes;
       ``(13) transportation of wood chips;
       ``(14) brokers for motor carriers of passengers, except as 
     provided in section 13904(d)); or
       ``(15) transportation of broken, crushed, or powdered 
     glass.
       ``(b) Exempt Unless Otherwise Necessary.--Except to the 
     extent the Secretary or Board, as applicable, finds it 
     necessary to exercise jurisdiction to carry out the 
     transportation policy of section 13101, neither the Secretary 
     nor the Board has jurisdiction under this part over--
       ``(1) transportation provided entirely in a municipality, 
     in contiguous municipalities, or in a zone that is adjacent 
     to, and commercially a part of, the municipality or 
     municipalities, except--
       ``(A) when the transportation is under common control, 
     management, or arrangement for a continuous carriage or 
     shipment to or from a place outside the municipality, 
     municipalities, or zone; or
       ``(B) that in transporting passengers over a route between 
     a place in a State and a place in 

[[Page H15010]]
     another State, or between a place in a State and another place in the 
     same State through another State, the transportation is 
     exempt from jurisdiction under this part only if the motor 
     carrier operating the motor vehicle also is lawfully 
     providing intrastate transportation of passengers over the 
     entire route under the laws of each State through which the 
     route runs;
       ``(2) transportation by motor vehicle provided casually, 
     occasionally, or reciprocally but not as a regular occupation 
     or business, except when a broker or other person sells or 
     offers for sale passenger transportation provided by a person 
     authorized to transport passengers by motor vehicle under an 
     application pending, or registration issued, under this part; 
     or
       ``(3) the emergency towing of an accidentally wrecked or 
     disabled motor vehicle.

     ``Sec. 13507. Mixed loads of regulated and unregulated 
       property

       ``A motor carrier of property providing transportation 
     exempt from jurisdiction under paragraph (6), (8), (11), 
     (12), or (13) of section 13506(a) may transport property 
     under such paragraph in the same vehicle and at the same time 
     as property which the carrier is authorized to transport 
     under a registration issued under section 13902(a). Such 
     transportation shall not affect the unregulated status of 
     such exempt property or the regulated status of the property 
     which the carrier is authorized to transport under such 
     registration.

     ``Sec. 13508. Limited authority over cooperative associations

       ``(a) In General.--Notwithstanding section 13506(a)(5), any 
     cooperative association (as defined by section 15(a) of the 
     Agricultural Marketing Act (12 U.S.C. 1141j(a))) or a 
     federation of cooperative associations shall prepare and 
     maintain such records relating to transportation provided by 
     such association or federation, in such form as the Secretary 
     or the Board may require by regulation to carry out the 
     provisions of such section 13506(a)(5). The Secretary or the 
     Board, or an employee designated by the Secretary or the 
     Board, may on demand and display of proper credentials--
       ``(1) inspect and examine the lands, buildings, and 
     equipment of such association or federation; and
       ``(2) inspect and copy any record of such association or 
     federation.
       ``(b) Reports.--Notwithstanding section 13506(a)(5), the 
     Secretary or the Board may require a cooperative association 
     or federation of cooperative associations described in 
     subsection (a) of this section to file reports with the 
     Secretary or the Board containing answers to questions about 
     transportation provided by such association or federation.
       ``(c) Enforcement.--The Secretary or the Board may bring a 
     civil action to enforce subsections (a) and (b) of this 
     section or a regulation or order of the Secretary or the 
     Board issued under this section, when violated by a 
     cooperative association or federation of cooperative 
     associations described in subsection (a).
       ``(d) Reporting Penalties.--
       ``(1) In general.--A person required to make a report to 
     the Secretary or the Board, answer a question, or maintain a 
     record under this section, or an officer, agent, or employee 
     of that person, that--
       ``(A) does not make the report;
       ``(B) does not specifically, completely, and truthfully 
     answer the question; or
       ``(C) does not maintain the record in the form and manner 
     prescribed under this section;

     is liable to the United States for a civil penalty of not 
     more than $500 for each violation and for not more than $250 
     for each additional day the violation continues.
       ``(2) Venue.--Trial in a civil action under paragraph (1) 
     shall be in the judicial district in which--
       ``(A) the cooperative association or federation of 
     cooperative associations has its principal office;
       ``(B) the violation occurred; or
       ``(C) the offender is found.

     Process in the action may be served in the judicial district 
     of which the offender is an inhabitant or in which the 
     offender may be found.
       ``(e) Evasion Penalties.--A person, or an officer, 
     employee, or agent of that person, that by any means 
     knowingly and willfully tries to evade compliance with the 
     provisions of this section shall be fined at least $200 but 
     not more than $500 for the first violation and at least $250 
     but not more than $2,000 for a subsequent violation.
       ``(f) Recordkeeping Penalties.--A person required to make a 
     report, answer a question, or maintain a record under this 
     section, or an officer, agent, or employee of that person, 
     that--
       ``(1) willfully does not make that report;
       ``(2) willfully does not specifically, completely, and 
     truthfully answer that question in 30 days from the date that 
     the question is required to be answered;
       ``(3) willfully does not maintain that record in the form 
     and manner prescribed;
       ``(4) knowingly and willfully falsifies, destroys, 
     mutilates, or changes that report or record;
       ``(5) knowingly and willfully files a false report or 
     record under this section;
       ``(6) knowingly and willfully makes a false or incomplete 
     entry in that record about a business-related fact or 
     transaction; or
       ``(7) knowingly and willfully maintains a record in 
     violation of a regulation or order issued under this section;

     shall be fined not more than $5,000.

             ``SUBCHAPTER II--WATER CARRIER TRANSPORTATION

     ``Sec. 13521. General jurisdiction

       ``(a) General Rules.--The Secretary and the Board have 
     jurisdiction over transportation insofar as water carriers 
     are concerned--
       ``(1) by water carrier between a place in a State and a 
     place in another State, even if part of the transportation is 
     outside the United States;
       ``(2) by water carrier and motor carrier from a place in a 
     State to a place in another State; except that if part of the 
     transportation is outside the United States, the Secretary 
     only has jurisdiction over that part of the transportation 
     provided--
       ``(A) by motor carrier that is in the United States; and
       ``(B) by water carrier that is from a place in the United 
     States to another place in the United States; and
       ``(3) by water carrier or by water carrier and motor 
     carrier between a place in the United States and a place 
     outside the United States, to the extent that--
       ``(A) when the transportation is by motor carrier, the 
     transportation is provided in the United States;
       ``(B) when the transportation is by water carrier to a 
     place outside the United States, the transportation is 
     provided by water carrier from a place in the United States 
     to another place in the United States before transshipment 
     from a place in the United States to a place outside the 
     United States; and
       ``(C) when the transportation is by water carrier from a 
     place outside the United States, the transportation is 
     provided by water carrier from a place in the United States 
     to another place in the United States after transshipment to 
     a place in the United States from a place outside the United 
     States.
       ``(b) Definitions.--In this section, the terms `State' and 
     `United States' include the territories and possessions of 
     the United States.

              ``SUBCHAPTER III--FREIGHT FORWARDER SERVICE

     ``Sec. 13531. General jurisdiction

       ``(a) In General.--The Secretary and the 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) Exemption of Certain Air Carrier Service.--Neither 
     the Secretary nor the 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 General.--In any matter subject to jurisdiction 
     under this part, the Secretary or the Board, as applicable, 
     shall exempt a person, class of persons, or a transaction or 
     service from the application, in whole or in part, of a 
     provision of this part, or use this exemption authority to 
     modify the application of a provision of this part as it 
     applies to such person, class, transaction, or service, when 
     the Secretary or Board finds that the application of that 
     provision--
       ``(1) is not necessary to carry out the transportation 
     policy of section 13101;
       ``(2) is not needed to protect shippers from the abuse of 
     market power or that the transaction or service is of limited 
     scope; and
       ``(3) is in the public interest.
       ``(b) Initiation of Proceeding.--The Secretary or Board, as 
     applicable, may, where appropriate, begin a proceeding under 
     this section on the Secretary's or Board's own initiative or 
     on application by an interested party.
       ``(c) Period of Exemption.--The Secretary or Board, as 
     applicable, may specify the period of time during which an 
     exemption granted under this section is effective.
       ``(d) Revocation.--The Secretary or Board, as applicable, 
     may revoke an exemption, to the extent specified, on finding 
     that application of a provision of this part to the person, 
     class, or transportation is necessary to carry out the 
     transportation policy of section 13101.
       ``(e) Limitations.--
       ``(1) In general.--The exemption authority under this 
     section may not be used to relieve a person from the 
     application of, and compliance with, any law, rule, 
     regulation, standard, or order pertaining to cargo loss and 
     damage, insurance, safety fitness, or activities approved 
     under section 13703 or 14302 or not terminated under section 
     13907(d)(2).
       ``(2) Water carriers.--The Secretary or Board, as 
     applicable, may not exempt a water carrier from the 
     application of, or compliance with, section 13701 or 13702 
     for transportation in the non-contiguous domestic trade.
       ``(f) Continuation of Certain Existing Exemptions for Water 
     Carriers.--The Secretary or Board, as applicable, shall not 
     regulate or exercise jurisdiction under this part 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.

                ``CHAPTER 137--RATES AND THROUGH ROUTES

``Sec.
``13701. Requirements for reasonable rates, classifications, through 
              routes, rules, and practices for certain transportation.
              
[[Page H15011]]

``13702. Tariff requirement for certain transportation.
``13703. Certain collective activities; exemption from antitrust laws.
``13704. Household goods rates--estimates; guarantees of service.
``13705. Requirements for through routes among motor carriers of 
              passengers.
``13706. Liability for payment of rates.
``13707. Payment of rates.
``13708. Billing and collecting practices.
``13709. Procedures for resolving claims involving unfiled, negotiated 
              transportation rates.
``13710. Additional billing and collecting practices.
``13711. Alternative procedure for resolving undercharge disputes.
``13712. Government traffic.
``13713. Food and grocery transportation.

     ``Sec. 13701. Requirements for reasonable rates, 
       classifications, through routes, rules, and practices for 
       certain transportation

       ``(a) Reasonableness.--
       ``(1) Certain household goods transportation; joint rates 
     involving water transportation.--A rate, classification, 
     rule, or practice related to transportation or service 
     provided by a carrier subject to jurisdiction under chapter 
     135 for transportation or service involving--
       ``(A) a movement of household goods,
       ``(B) a rate for a movement by or with a water carrier in 
     noncontiguous domestic trade, or
       ``(C) rates, rules, and classifications made collectively 
     by motor carriers under agreements approved pursuant to 
     section 13703,

     must be reasonable.
       ``(2) Through routes and divisions of joint rates.--Through 
     routes and divisions of joint rates for such transportation 
     or service must be reasonable.
       ``(b) Prescription by Board for Violations.--When the Board 
     finds it necessary to stop or prevent a violation of 
     subsection (a), the Board shall prescribe the rate, 
     classification, rule, practice, through route, or division of 
     joint rates to be applied for such transportation or service.
       ``(c) Filing of Complaint.--A complaint that a rate, 
     classification, rule, or practice in noncontiguous domestic 
     trade violates subsection (a) may be filed with the Board.
       ``(d) Zone of Reasonableness.--
       ``(1) In general.--For purposes of this section, a rate or 
     division of a motor carrier for service in noncontiguous 
     domestic trade or water carrier for port-to-port service in 
     that 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) Adjustments to the zone.--The percentage specified in 
     paragraph (1) shall be increased or decreased, as the case 
     may be, by the percentage change in the Producers Price 
     Index, as published by the Department of Labor, that has 
     occurred during the most recent 1-year period before the date 
     the rate or division in question first took effect.
       ``(3) Determinations after complaint.--The Board shall 
     determine whether any rate or division of a carrier or 
     service in noncontiguous domestic trade which is not within 
     the range described in paragraph (1) is reasonable if a 
     complaint is filed under subsection (c) or section 
     13702(b)(6).
       ``(4) Reparations.--Upon a finding of violation of 
     subsection (a), the Board 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. Upon 
     complaint from any governmental agency or authority and upon 
     a finding or violation of subsection (a), the Board shall 
     make such orders as are just and shall require the carrier to 
     return, to the extent practicable, to shippers all amounts 
     plus interest, which the Board finds to have been assessed 
     and collected in violation of subsection (a).

     ``Sec. 13702. Tariff requirement for certain transportation

       ``(a) In General.--Except when providing transportation for 
     charitable purposes without charge, a carrier subject to 
     jurisdiction under chapter 135 may provide transportation or 
     service that is--
       ``(1) in noncontiguous domestic trade, except with regard 
     to bulk cargo, forest products, recycled metal scrap, waste 
     paper, and paper waste; or
       ``(2) for movement of household goods;

     only if the rate for such transportation or service is 
     contained in a tariff that is in effect under this section. 
     The carrier may not charge or receive a different 
     compensation for the transportation or service than the rate 
     specified in the tariff, whether by returning a part of that 
     rate to a person, giving a person a privilege, allowing the 
     use of a facility that affects the value of that 
     transportation or service, or another device. A rate 
     contained in a tariff shall be stated in money of the United 
     States.
       ``(b) Tariff Requirements for Noncontiguous Domestic 
     Trade.--
       ``(1) Filing.--A carrier providing transportation or 
     service described in subsection (a)(1) shall publish and file 
     with the Board tariffs containing the rates established for 
     such transportation or service. The carriers shall keep such 
     tariffs available for public inspection. The Board shall 
     prescribe the form and manner of publishing, filing, and 
     keeping tariffs available for public inspection under this 
     subsection.
       ``(2) Contents.--The Board may prescribe any specific 
     information and charges to be identified in a tariff, but at 
     a minimum tariffs must identify plainly--
       ``(A) the carriers that are parties to it;
       ``(B) the places between which property will be 
     transported;
       ``(C) terminal charges if a carrier provides transportation 
     or service subject to jurisdiction under subchapter III of 
     chapter 135;
       ``(D) privileges given and facilities allowed; and
       ``(E) any rules that change, affect, or determine any part 
     of the published rate.
       ``(3) Inland divisions.--A carrier providing transportation 
     or service described in subsection (a)(1) under a joint rate 
     for a through movement shall not be required to state 
     separately or otherwise reveal in tariff filings the inland 
     divisions of that through rate.
       ``(4) Time-volume rates.--Rates in tariffs filed under this 
     subsection may vary with the volume of cargo offered over a 
     specified period of time.
       ``(5) Changes.--The Board may permit carriers to change 
     rates, classifications, rules, and practices without filing 
     complete tariffs under this subsection that cover matter that 
     is not being changed when the Board finds that action to be 
     consistent with the public interest. Those carriers may 
     either--
       ``(A) publish new tariffs that incorporate changes, or
       ``(B) plainly indicate the proposed changes in the tariffs 
     then in effect and make the tariffs as changed available for 
     public inspection.
       ``(6) Complaints.--A complaint that a rate or related rule 
     or practice maintained in a tariff under this subsection 
     violates section 13701(a) may be submitted to the Board for 
     resolution.
       ``(c) Tariff Requirements for Household Goods Carriers.--
       ``(1) In general.--A carrier providing transportation 
     described in subsection (a)(2) shall maintain rates and 
     related rules and practices in a published tariff. The tariff 
     must be available for inspection by the Board and be made 
     available for inspection by shippers upon reasonable request.
       ``(2) Notice of availability.--A carrier that maintains a 
     tariff under this subsection may not enforce the provisions 
     of the tariff unless the carrier has given notice that the 
     tariff is available for inspection in its bill of lading or 
     by other actual notice to individuals whose shipments are 
     subject to the tariff.
       ``(3) Requirements.--A carrier that maintains a tariff 
     under this subsection is bound by the tariff except as 
     otherwise provided in this part. A tariff that does not 
     comply with this subsection may not be enforced against any 
     individual shipper.
       ``(4) Incorporation by reference.--A carrier may 
     incorporate by reference the rates, terms, and other 
     conditions of a tariff in agreements covering the 
     transportation of household goods.
       ``(5) Complaints.--A complaint that a rate or related rule 
     or practice maintained in a tariff under this subsection 
     violates section 13701(a) may be submitted to the Board for 
     resolution.
       ``(d) Invalidation.--The Board may invalidate a tariff 
     prepared by a carrier or carriers under this section if that 
     tariff violates this section or a regulation of the Board 
     carrying out this section.

     ``Sec. 13703. Certain collective activities; exemption from 
       antitrust laws

       ``(a) Agreements.--
       ``(1) Authority to enter.--A motor carrier providing 
     transportation or service subject to jurisdiction under 
     chapter 135 may enter into an agreement with one or more such 
     carriers to establish--
       ``(A) through routes and joint rates;
       ``(B) rates for the transportation of household goods;
       ``(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 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 Board for approval and may be approved by the Board 
     only if it finds that such agreement is in the public 
     interest.
       ``(3) Conditions.--The 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) Independently established rates.--Any carrier which 
     is a party to an agreement under paragraph (1) is not, and 
     may not be, precluded from independently establishing its own 
     rates, classification, and mileages or from adopting and 
     using a noncollectively made classification or mileage guide.
       ``(5) Investigations.--
       ``(A) Reasonableness.--The Board may suspend and 
     investigate the reasonableness of any rate, rule, 
     classification, or rate adjustment of general application 
     made pursuant to an agreement under this section.
       ``(B) Actions not in the public interest.--The Board may 
     investigate any action taken pursuant to an agreement 
     approved under this section. If the Board finds that the 
     action is not in the public interest, the Board may take such 
     measures as may be necessary to protect the public interest 
     with regard to the action, including issuing an order 
     directing the parties to cease and desist or modify the 
     action.
       ``(6) Effect of approval.--If the Board approves the 
     agreement or renews approval of the agreement, it may be made 
     and carried out 

[[Page H15012]]
     under its terms and under the conditions required by the 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 Board may require an organization 
     established or continued under an agreement approved under 
     this section to maintain records and submit reports. The 
     Board, or its delegate, may inspect a record maintained under 
     this section, or monitor any organization's compliance with 
     this section.
       ``(c) Review.--The 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 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 Board, the agreement is 
     unchanged, and the Board approves such renewal. The Board 
     shall approve the renewal unless it finds that the renewal is 
     not in the public interest. Parties to the agreement may 
     continue to undertake activities pursuant to the previously 
     approved agreement while the renewal request is pending.
       ``(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 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 
     ICC Termination Act of 1995, or any amendments or repeals 
     made by such Act shall be construed as creating any 
     obligation for a shipper based solely on a classification 
     that was on file with the Interstate Commerce Commission or 
     elsewhere on the day before the effective date of this 
     section.
       ``(g) Industry Standard Guides.--
       ``(1) In general.--
       ``(A) Public availability.--Routes, rates, classifications, 
     mileage guides, and rules established under agreements 
     approved under this section shall be published and made 
     available for public inspection upon request.
       ``(B) Participation of carriers.--
       ``(i) In general.--A motor carrier of property whose 
     routes, rates, classifications, mileage guides, rules, or 
     packaging are determined or governed by publications 
     established under agreements approved under this section must 
     participate in the determining or governing publication for 
     such provisions to apply.
       ``(ii) Power of attorney.--The motor carrier of property 
     shall issue a power of attorney to the publishing agent and, 
     upon its acceptance, the agent shall issue a written 
     certification to the motor carrier affirming its 
     participation in the governing publication, and the 
     certification shall be made available for public inspection.
       ``(2) Mileage limitation.--No carrier subject to 
     jurisdiction under subchapter I or III of chapter 135 may 
     enforce collection of its mileage rates unless such carrier--
       ``(A) is a participant in a publication of mileages 
     formulated under an agreement approved under this section; or
       ``(B) uses a publication of mileage (other than a 
     publication described in subparagraph (A)) that can be 
     examined by any interested person upon reasonable request.
       ``(h) Single Line Rate Defined.--In this section, the term 
     `single line rate' means a rate, charge, or allowance 
     proposed by a single motor carrier that is applicable only 
     over its line and for which the transportation can be 
     provided by that carrier.

     ``Sec. 13704. Household goods rates--estimates; guarantees of 
       service

       ``(a) In General.--
       ``(1) Authority.--Subject to the provisions of paragraph 
     (2) of this subsection, a motor carrier providing 
     transportation of household goods subject to jurisdiction 
     under subchapter I of chapter 135 may establish a rate for 
     the transportation of household goods which is based on the 
     carrier's written, binding estimate of charges for providing 
     such transportation.
       ``(2) Nonpreferential; nonpredatory.--Any rate established 
     under this subsection must be available on a nonpreferential 
     basis to shippers and must not result in charges to shippers 
     which are predatory.
       ``(b) Rates for Guaranteed Service.--
       ``(1) Authority.--Subject to the provisions of paragraph 
     (2) of this subsection, a motor carrier providing 
     transportation of household goods subject to jurisdiction 
     under subchapter I of chapter 135 may establish rates for the 
     transportation of household goods which guarantee that the 
     carrier will pick up and deliver such household goods at the 
     times specified in the contract for such services and provide 
     a penalty or per diem payment in the event the carrier fails 
     to pick up or deliver such household goods at the specified 
     time. The charges, if any, for such guarantee and penalty 
     provision may vary to reflect one or more options available 
     to meet a particular shipper's needs.
       ``(2) Authority of secretary to require nonguaranteed 
     service rates.--Before a carrier may establish a rate for any 
     service under paragraph (1) of this subsection, the Secretary 
     may require such carrier to have in effect and keep in 
     effect, during any period such rate is in effect under 
     paragraph (1), a rate for such service which does not 
     guarantee the pick up and delivery of household goods at the 
     times specified in the contract for such services and which 
     does not provide a penalty or per diem payment in the event 
     the carrier fails to pick up or deliver household goods at 
     the specified time.

     ``Sec. 13705. Requirements for through routes among motor 
       carriers of passengers

       ``(a) Establishment; Reasonableness.--A motor carrier 
     providing transportation of passengers subject to 
     jurisdiction under subchapter I of chapter 135 shall 
     establish through routes with other carriers of the same type 
     and shall establish individual and joint rates applicable to 
     them. Such through route must be reasonable.
       ``(b) Prescribed by Board.--When the Board finds it 
     necessary to enforce the requirements of this section, the 
     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 of Consignee.--Liability for payment of 
     rates for transportation for a shipment of property by a 
     shipper or consignor to a consignee other than the shipper or 
     consignor, is determined under this section when the 
     transportation is provided by motor carrier under this part. 
     When the shipper or consignor instructs the carrier 
     transporting the property to deliver it to a consignee that 
     is an agent only, not having beneficial title to the 
     property, the consignee is liable for rates billed at the 
     time of delivery for which the consignee is otherwise liable, 
     but not for additional rates that may be found to be due 
     after delivery if the consignee gives written notice to the 
     delivering carrier before delivery of the property--
       ``(1) of the agency and absence of beneficial title; and
       ``(2) of the name and address of the beneficial owner of 
     the property if it is reconsigned or diverted to a place 
     other than the place specified in the original bill of 
     lading.
       ``(b) Liability of Beneficial Owner.--When the consignee is 
     liable only for rates billed at the time of delivery under 
     subsection (a), the shipper or consignor, or, if the property 
     is reconsigned or diverted, the beneficial owner is liable 
     for those additional rates regardless of the bill of the 
     lading or contract under which the property was transported. 
     The beneficial owner is liable for all rates when the 
     property is reconsigned or diverted by an agent but is 
     refused or abandoned at its ultimate destination if the agent 
     gave the carrier in the reconsignment or diversion order a 
     notice of agency and the name and address of the beneficial 
     owner. A consignee giving the carrier erroneous information 
     about the identity of the beneficial owner of the property is 
     liable for the additional rates.

     ``Sec. 13707. Payment of rates

       ``(a) Transfer of Possession Upon Payment.--Except as 
     provided in subsection (b), a carrier providing 
     transportation or service subject to jurisdiction under this 
     part shall give up possession at the destination of the 
     property transported by it only when payment for the 
     transportation or service is made.
       ``(b) Exceptions.--
       ``(1) Regulations.--Under regulations of the Secretary 
     governing the payment for transportation and service and 
     preventing discrimination, those carriers may give up 
     possession at destination of property transported by them 
     before payment for the transportation or service. The 
     regulations of the Secretary may provide for weekly or 
     monthly payment for transportation provided by motor carriers 
     and for periodic payment for transportation provided by water 
     carriers.
       ``(2) Extensions of credit to governmental entities.--Such 
     a carrier (including a motor carrier being used by a 
     household goods freight forwarder) may extend credit for 
     transporting property for the United States Government, a 
     State, a territory or possession of the United States, or a 
     political subdivision of any of them.

     ``Sec. 13708. Billing and collecting practices

       ``(a) Disclosure.--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 and shall also disclose, at such time, whether and to 
     whom any allowance or reduction in charges is made.
       ``(b) False or Misleading Information.--No person may cause 
     a motor carrier to present false or misleading information on 
     a document about the actual rate, charge, or allowance to any 
     party to the transaction.
       ``(c) Allowances for Services.--When the actual rate, 
     charge, or allowance is dependent upon the performance of a 
     service by a party to the transportation arrangement, such as 
     tendering a volume of freight over a stated period of time, 
     the motor carrier shall indicate in any document presented 
     for payment to the person responsible directly to the motor 
     carrier that a reduction, allowance, or other adjustment may 
     apply.

     ``Sec. 13709. Procedures for resolving claims involving 
       unfiled, negotiated transportation rates

       ``(a) Transportation Provided at Rates Other Than Legal 
     Tariff Rates.--
       ``(1) In general.--When a claim is made by a motor carrier 
     of property (other than a household goods carrier) providing 
     transportation 

[[Page H15013]]
     subject to jurisdiction under subchapter II of chapter 105 (as in 
     effect on the day before the effective date of this section) 
     or subchapter I of chapter 135, by a freight forwarder (other 
     than a household goods freight forwarder), or by a party 
     representing such a carrier or freight forwarder regarding 
     the collection of rates or charges for such transportation in 
     addition to those originally billed and collected by the 
     carrier or freight forwarder for such transportation, the 
     person against whom the claim is made may elect to satisfy 
     the claim under the provisions of subsection (b), (c), or 
     (d), upon showing that--
       ``(A) the carrier or freight forwarder is no longer 
     transporting property or is transporting property for the 
     purpose of avoiding the application of this section; and
       ``(B) with respect to the claim--
       ``(i) the person was offered a transportation rate by the 
     carrier or freight forwarder other than that legally on file 
     at the time with the Board or with the Interstate Commerce 
     Commission, as required, for the transportation service;
       ``(ii) the person tendered freight to the carrier or 
     freight forwarder in reasonable reliance upon the offered 
     transportation rate;
       ``(iii) the carrier or freight forwarder did not properly 
     or timely file with the 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;
       ``(iv) such transportation rate was billed and collected by 
     the carrier or freight forwarder; and
       ``(v) the carrier or freight forwarder demands additional 
     payment of a higher rate filed in a tariff.
       ``(2) Forum.--If there is a dispute as to the showing under 
     paragraph (1)(A), such dispute shall be resolved by the court 
     in which the claim is brought. If there is a dispute as to 
     the showing under paragraph (1)(B), such dispute shall be 
     resolved by the Board. Pending the resolution of any such 
     dispute, the person shall not have to pay any additional 
     compensation to the carrier or freight forwarder.
       ``(3) Effect of satisfaction of claims.--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 119 of this title, as such chapter was in effect on 
     the day before the effective date of this section, or chapter 
     149.
       ``(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 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 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 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 such effective date.
       ``(f) Stay of Additional Compensation.--When a person 
     proceeds under this section to challenge the reasonableness 
     of the legally applicable freight rate or charges being 
     claimed by a carrier or freight forwarder in addition to 
     those already billed and collected, the person shall not have 
     to pay any additional compensation to the carrier or freight 
     forwarder until the Board has made a determination as to the 
     reasonableness of the challenged rate as applied to the 
     freight of the person against whom the claim is made.
       ``(g) Notification of Election.--
       ``(1) General rule.--A person must notify the carrier or 
     freight forwarder as to its election to proceed under 
     subsection (b), (c), or (d). Except as provided in paragraphs 
     (2), (3), and (4), such election may be made at any time.
       ``(2) Demands for payment initially made after december 3, 
     1993.--If the carrier or freight forwarder or party 
     representing such carrier or freight forwarder initially 
     demands the payment of additional freight charges after 
     December 3, 1993, and notifies the person from whom 
     additional freight charges are sought of the provisions of 
     subsections (a) through (f) at the time of the making of such 
     initial demand, the election must be made not later than the 
     later of--
       ``(A) the 60th day following the filing of an answer to a 
     suit for the collection of such additional legally applicable 
     freight rate or charges, or
       ``(B) March 5, 1994.
       ``(3) Pending suits for collection made before December 4, 
     1993.--If the carrier or freight forwarder or party 
     representing such carrier or freight forwarder has filed, 
     before December 4, 1993, a suit for the collection of 
     additional freight charges and notifies the person from whom 
     additional freight charges are sought of the provisions of 
     subsections (a) through (f), the election must be made not 
     later than the 90th day following the date on which such 
     notification is received.
       ``(4) Demands for payment made before December 4, 1993.--If 
     the carrier or freight forwarder or party representing such 
     carrier or freight forwarder has demanded the payment of 
     additional freight charges, and has not filed a suit for the 
     collection of such additional freight charges, before 
     December 4, 1993, and notifies the person from whom 
     additional freight charges are sought of the provisions of 
     subsections (a) through (f), the election must be made not 
     later than the later of--
       ``(A) the 60th day following the filing of an answer to a 
     suit for the collection of such additional legally applicable 
     freight rate or charges, or
       ``(B) March 5, 1994.
       ``(h) Claims Involving Small-Business Concerns, Charitable 
     Organizations, and Recyclable Materials.--
       ``(1) In general.--Notwithstanding subsections (b), (c), 
     and (d), a person from whom the additional legally applicable 
     and effective tariff rate or charges are sought shall not be 
     liable for the difference between the carrier's applicable 
     and effective tariff rate and the rate originally billed and 
     paid--
       ``(A) if such person qualifies as a small-business concern 
     under the Small Business Act (15 U.S.C. 631 et seq.),
       ``(B) if such person is an organization which is described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code, or
       ``(C) if the cargo involved in the claim is recyclable 
     materials.
       ``(2) Recyclable materials defined.--In this subsection, 
     the term `recyclable materials' means waste products for 
     recycling or reuse in the furtherance of recognized pollution 
     control programs.

     ``Sec. 13710. Additional billing and collecting practices

       ``(a) Miscellaneous Provisions.--
       ``(1) Information relating to basis of rate.--A motor 
     carrier of property (other than a motor carrier providing 
     transportation in noncontiguous domestic trade) shall provide 
     to the shipper, on request of the shipper, a written or 
     electronic copy of the rate, classification, rules, and 
     practices, upon which any rate applicable to its shipment or 
     agreed to between the shipper and carrier is based.
       ``(2) Reasonableness of rates; collecting additional 
     charges.--When the applicability or reasonableness of the 
     rates and related provisions billed by a motor carrier is 
     challenged by the person paying the freight charges, the 
     Board shall determine whether such rates and provisions are 
     reasonable under section 13701 or applicable based on the 
     record before it.
       ``(3) Billing disputes.--
       ``(A) Initiated by motor carriers.--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 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.
       ``(B) Initiated by shippers.--If a shipper seeks to contest 
     the charges originally billed or additional charges 
     subsequently billed, the shipper may request that the Board 
     determine whether the charges billed must be paid. A shipper 
     must contest the original bill or subsequent bill within 180 
     days of receipt of the bill in order to have the right to 
     contest such charges.
       ``(4) Voiding of certain tariffs.--Any tariff on file with 
     the Interstate Commerce Commission on August 26, 1994, and 
     not required to be filed after that date is null and void 
     beginning on that date. Any tariff on file with the 
     Interstate Commerce Commission on the effective date of this 
     section and not required to be filed after that date is null 
     and void beginning on that date.
       ``(b) Resolution of Disputes Over Status of Common Carrier 
     or Contract Carrier.--If a motor carrier (other than a motor 
     carrier providing transportation of household goods) that was 
     subject to jurisdiction under subchapter II of chapter 105, 
     as in effect on the day before the effective date of this 
     section, and that had authority to provide transportation as 
     both a motor common carrier and a motor contract carrier and 
     a dispute arises as to whether certain transportation that 
     was provided prior to the effective date of this section was 
     provided in its common carrier or contract carrier capacity 
     and the parties are not able to resolve the dispute 
     consensually, the Board shall resolve the dispute.

     ``Sec. 13711. 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 subject to jurisdiction 
     under subchapter I of chapter 135 or, before the effective 
     date of this section, to have provided transportation that 
     was subject to jurisdiction under subchapter II of chapter 
     105, as in effect on the day before the effective date of 
     this section, a freight forwarder (other than a household 
     goods freight forwarder), or a party representing such 

[[Page H15014]]
     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, as in 
     effect on the date the transportation 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) or is transporting property between places 
     described in section 13501(1) for the purpose of avoiding 
     application of this section.
       ``(b) Jurisdiction of Board.--
       ``(1) Determination.--The 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 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.
       ``(2) Factors to consider.--In making a determination under 
     paragraph (1), the Board shall consider--
       ``(A) whether the person was offered a transportation rate 
     by the carrier or freight forwarder or party other than that 
     legally on file with the Interstate Commerce Commission or 
     the Board, as required, at the time of the movement for the 
     transportation service;
       ``(B) whether the person tendered freight to the carrier or 
     freight forwarder in reasonable reliance upon the offered 
     transportation rate;
       ``(C) whether the carrier or freight forwarder did not 
     properly or timely file with the Interstate Commerce 
     Commission or the Board, as required, a tariff providing for 
     such transportation rate or failed to enter into an agreement 
     for contract carriage;
       ``(D) whether the transportation rate was billed and 
     collected by the carrier or freight forwarder; and
       ``(E) whether the carrier or freight forwarder or party 
     demands additional payment of a higher rate filed in a 
     tariff.
       ``(c) Stay of Additional Compensation.--When a person 
     proceeds under this section to challenge the reasonableness 
     of the practice of a motor carrier, freight forwarder, or 
     party described in subsection (a) to attempt to charge or to 
     charge the difference described in subsection (a) between the 
     applicable rate and the negotiated rate for the 
     transportation service in addition to those charges already 
     billed and collected for the transportation service, the 
     person shall not have to pay any additional compensation to 
     the carrier, freight forwarder, or party until the 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 
     provided before the effective date of this section, to the 
     requirements of sections 10761(a) and 10762, as in effect on 
     the day before such effective date, as such sections relate 
     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 13709 shall not apply to such rate.
       ``(f) Definitions.--In this section, the term ``negotiated 
     rate'' means a rate, charge, classification, or rule agreed 
     upon by a motor carrier or freight forwarder and a shipper 
     through negotiations pursuant to which no tariff was lawfully 
     and timely filed and for which there is written evidence of 
     such agreement.
       ``(g) Applicability to Pending Cases.--This section shall 
     apply to all cases and proceedings pending on the effective 
     date of this section.

     ``Sec. 13712. 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. 13713. Food and grocery transportation

       ``(a) Certain Compensation Prohibited.--Notwithstanding any 
     other provision of law, it shall not be unlawful for a seller 
     of food and grocery products using a uniform zone delivered 
     pricing system to compensate a customer who picks up 
     purchased food and grocery products at the shipping point of 
     the seller if such compensation is available to all customers 
     of the seller on a nondiscriminatory basis and does not 
     exceed the actual cost to the seller of delivery to such 
     customer.
       ``(b) Sense of Congress.--It is the sense of the Congress 
     that any savings accruing to a customer by reason of 
     compensation permitted by subsection (a) of this section 
     should be passed on to the ultimate consumer.

                      ``CHAPTER 139--REGISTRATION

``Sec.
``13901. Requirement for registration.
``13902. Registration of motor carriers.
``13903. Registration of freight forwarders.
``13904. Registration of brokers.
``13905. Effective periods of registration.
``13906. Security of motor carriers, brokers, and freight forwarders.
``13907. Household goods agents.
``13908. Registration and other reforms.

     ``Sec. 13901. Requirement for registration

       ``A person may provide transportation or service subject to 
     jurisdiction under subchapter I or III of chapter 135 or be a 
     broker for transportation subject to jurisdiction under 
     subchapter I of that chapter, only if the person is 
     registered under this chapter to provide the transportation 
     or service.

     ``Sec. 13902. Registration of motor carriers

       ``(a) Motor Carrier Generally.--
       ``(1) In general.--Except as provided in this section, the 
     Secretary shall register a person to provide transportation 
     subject to jurisdiction under subchapter I of chapter 135 of 
     this title as a motor carrier if the Secretary finds that the 
     person is willing and able to comply with--
       ``(A) this part and the applicable regulations of the 
     Secretary and the Board;
       ``(B) any safety regulations imposed by the Secretary and 
     the safety fitness requirements established by the Secretary 
     under section 31144; and
       ``(C) the minimum financial responsibility requirements 
     established by the Secretary pursuant to sections 13906 and 
     31138.
       ``(2) Consideration of evidence; findings.--The Secretary 
     shall consider and, to the extent applicable, make findings 
     on, any evidence demonstrating that the registrant is unable 
     to comply with the requirements of subparagraph (A), (B), or 
     (C) of paragraph (1).
       ``(3) Withholding.--If the Secretary determines that any 
     registrant under this section does not meet the requirements 
     of paragraph (1), the Secretary shall withhold registration.
       ``(4) Limitation on complaints.--The Secretary may hear a 
     complaint from any person concerning a registration under 
     this subsection only on the ground that the registrant fails 
     or will fail to comply with this part, the applicable 
     regulations of the Secretary and the Board, the safety 
     regulations of the Secretary, or the safety fitness or 
     minimum financial responsibility requirements of paragraph 
     (1) of this subsection.
       ``(b) Motor Carriers of Passengers.--
       ``(1) Registration of private recipients of governmental 
     assistance.--The Secretary shall register under subsection 
     (a)(1) a private recipient of governmental assistance to 
     provide special or charter transportation subject to 
     jurisdiction under subchapter I of chapter 135 as a motor 
     carrier of passengers if the Secretary finds that the 
     recipient meets the requirements of subsection (a)(1), unless 
     the Secretary finds, on the basis of evidence presented by 
     any person objecting to the registration, that the 
     transportation to be provided pursuant to the registration is 
     not in the public interest.
       ``(2) Registration of public recipients of governmental 
     assistance.--
       ``(A) Charter transportation.--The Secretary shall register 
     under subsection (a)(1) a public recipient of governmental 
     assistance to provide special or charter transportation 
     subject to jurisdiction under subchapter I of chapter 135 as 
     a motor carrier of passengers if the Secretary finds that--
       ``(i) the recipient meets the requirements of subsection 
     (a)(1); and
       ``(ii)(I) no motor carrier of passengers (other than a 
     motor carrier of passengers which is a public recipient of 
     governmental assistance) is providing, or is willing to 
     provide, the transportation; or
       ``(II) the transportation is to be provided entirely in the 
     area in which the public recipient provides regularly 
     scheduled mass transportation services.
       ``(B) Regular-route transportation.--The Secretary shall 
     register under subsection (a)(1) a public recipient of 
     governmental assistance to provide regular-route 
     transportation subject to jurisdiction under subchapter I of 
     chapter 135 as a motor carrier of passengers if the Secretary 
     finds that the recipient meets the requirements of subsection 
     (a)(1), unless the Secretary finds, on the basis of evidence 
     presented by any person objecting to the registration, that 
     the transportation to be provided pursuant to the 
     registration is not in the public interest.
       ``(C) Treatment of certain public recipients.--Any public 
     recipient of governmental assistance which is providing or 
     seeking to provide transportation of passengers subject to 
     jurisdiction under subchapter I of chapter 135 shall, for 
     purposes of this part, be treated as a person which is 
     providing or seeking to provide transportation of passengers 
     subject to such jurisdiction.
       ``(3) Intrastate transportation 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) Preemption of state regulation regarding certain 
     service.--No State or political subdivision thereof and no 
     interstate agency or other political agency of 2 or more 
     States shall enact or enforce any law, rule, regulation, 
     standard or other provision having the force and effect of 
     law relating to the provision of pickup and delivery of 
     express packages, newspapers, or mail in a commercial zone if 
     the shipment has had or will have a prior or subsequent 
     movement by bus in intrastate commerce and, if a city within 
     the commercial zone, is served by a motor carrier of 
     passengers providing regular-route transportation of 
     passengers subject to jurisdiction under subchapter I of 
     chapter 135.
       ``(5) Jurisdiction over certain intrastate 
     transportation.--Any intrastate transportation authorized by 
     this subsection shall be treated as transportation subject to 
     jurisdiction under subchapter I of chapter 135 until such 

[[Page H15015]]
     time 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, but in no case later than 
     the 30th day following the date on which the motor carrier of 
     passengers first begins providing transportation entirely in 
     one State under this paragraph.
       ``(6) Special operations.--This subsection shall not apply 
     to any regular-route transportation of passengers provided 
     entirely in one State which is in the nature of a special 
     operation.
       ``(7) Suspension or revocation.--Intrastate transportation 
     authorized under this subsection may be suspended or revoked 
     by the Secretary under section 13905 of this title at any 
     time.
       ``(8) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Public recipient of governmental assistance.--The 
     term `public recipient of governmental assistance' means--
       ``(i) any State,
       ``(ii) any municipality or other political subdivision of a 
     State,
       ``(iii) any public agency or instrumentality of one or more 
     States and municipalities and political subdivisions of a 
     State,
       ``(iv) any Indian tribe,
       ``(v) any corporation, board, or other person owned or 
     controlled by any entity described in clause (i), (ii), 
     (iii), or (iv), and

     which before, on, or after the effective date of this 
     subsection received governmental assistance for the purchase 
     or operation of any bus.
       ``(B) Private recipient of government assistance.--The term 
     `private recipient of government assistance' means any person 
     (other than a person described in subparagraph (A)) who 
     before, on, or after the effective date of this paragraph 
     received governmental financial assistance in the form of a 
     subsidy for the purchase, lease, or operation of any bus.
       ``(c) Restrictions on Motor Carriers Domiciled in or Owned 
     or Controlled by Nationals of a Contiguous Foreign Country.--
       ``(1) Prevention of discriminatory practices.--If the 
     President, or the delegate thereof, determines that an act, 
     policy, or practice of a foreign country contiguous to the 
     United States, or any political subdivision or any 
     instrumentality of any such country is unreasonable or 
     discriminatory and burdens or restricts United States 
     transportation companies providing, or seeking to provide, 
     motor carrier transportation to, from, or within such foreign 
     country, the President or such delegate may--
       ``(A) seek elimination of such practices through 
     consultations; or
       ``(B) notwithstanding any other provision of law, suspend, 
     modify, amend, condition, or restrict operations, including 
     geographical restriction of operations, in the United States 
     by motor carriers of property or passengers domiciled in such 
     foreign country or owned or controlled by persons of such 
     foreign country.
       ``(2) Equalization of treatment.--Any action taken under 
     paragraph (1)(A) to eliminate an act, policy, or practice 
     shall be so devised so as to equal to the extent possible the 
     burdens or restrictions imposed by such foreign country on 
     United States transportation companies.
       ``(3) Removal or modification.--The President, or the 
     delegate thereof, may remove or modify in whole or in part 
     any action taken under paragraph (1)(A) if the President or 
     such delegate determines that such removal or modification is 
     consistent with the obligations of the United States under a 
     trade agreement or with United States transportation policy.
       ``(4) Protection of existing operations.--Unless and until 
     the President, or the delegate thereof, makes a determination 
     under paragraph (1) or (3), nothing in this subsection shall 
     affect--
       ``(A) operations of motor carriers of property or 
     passengers domiciled in any contiguous foreign country or 
     owned or controlled by persons of any contiguous foreign 
     country permitted in the commercial zones along the United 
     States-Mexico border as such zones were defined on the day 
     before the effective date of this section; or
       ``(B) any existing restrictions on operations of motor 
     carriers of property or passengers domiciled in any 
     contiguous foreign country or owned or controlled by persons 
     of any contiguous foreign country or any modifications 
     thereof pursuant to section 6 of the Bus Regulatory Reform 
     Act of 1982.
       ``(5) Publication; comment.--Unless the President, or the 
     delegate thereof, determines that expeditious action is 
     required, the President shall publish in the Federal Register 
     any determination under paragraph (1) or (3), together with a 
     description of the facts on which such a determination is 
     based and any proposed action to be taken pursuant to 
     paragraph (1)(B) or (3), and provide an opportunity for 
     public comment.
       ``(6) Delegation to secretary.--The President may delegate 
     any or all authority under this subsection to the Secretary, 
     who shall consult with other agencies as appropriate. In 
     accordance with the directions of the President, the 
     Secretary may issue regulations to enforce this subsection.
       ``(7) Civil actions.--Either the Secretary or the Attorney 
     General may bring a civil action in an appropriate district 
     court of the United States to enforce this subsection or a 
     regulation prescribed or order issued under this subsection. 
     The court may award appropriate relief, including injunctive 
     relief.
       ``(8) Limitation on statutory construction.--This 
     subsection shall not be construed as affecting the 
     requirement for all foreign motor carriers and foreign motor 
     private carriers operating in the United States to comply 
     with all applicable laws and regulations pertaining to 
     fitness, safety of operations, financial responsibility, and 
     taxes imposed by section 4481 of the Internal Revenue Code of 
     1986.
       ``(d) Transition Rule.--
       ``(1) In general.--Pending the implementation of the 
     rulemaking required by section 13908, the Secretary may 
     register a person under this section--
       ``(A) as a motor common carrier if such person would have 
     been issued a certificate to provide transportation as a 
     motor common carrier under this subtitle on the day before 
     the effective date of this section; and
       ``(B) as a motor contract carrier if such person would have 
     been issued a permit to provide transportation as a motor 
     contract carrier under this subtitle on such day.
       ``(2) Definitions.--In this subsection, the terms `motor 
     common carrier' and `motor contract carrier' have the meaning 
     such terms had under section 10102 as such section was in 
     effect on the day before the effective date of this section.
       ``(e) Motor Carrier Defined.--In this section and sections 
     13905 and 13906, the term `motor carrier' includes foreign 
     motor private carriers.

     ``Sec. 13903. Registration of freight forwarders

       ``(a) In General.--The Secretary shall register a person to 
     provide service subject to jurisdiction under subchapter III 
     of chapter 135 as a freight forwarder if the Secretary finds 
     that the person is fit, willing, and able to provide the 
     service and to comply with this part and applicable 
     regulations of the Secretary and the Board.
       ``(b) Registration as Carrier Required.--The freight 
     forwarder may provide transportation as the carrier itself 
     only if the freight forwarder also has registered to provide 
     transportation as a carrier under this chapter.

     ``Sec. 13904. Registration of brokers

       ``(a) In General.--The Secretary shall register, subject to 
     section 13906(b), a person to be a broker for transportation 
     of property subject to jurisdiction under subchapter I of 
     chapter 135, if the Secretary finds that the person is fit, 
     willing, and able to be a broker for transportation and to 
     comply with this part and applicable regulations of the 
     Secretary.
       ``(b) Registration as Carrier Required.--
       ``(1) In general.--The broker may provide the 
     transportation itself only if the broker also has been 
     registered to provide the transportation as a motor carrier 
     under this chapter.
       ``(2) Limitation.--This subsection does not apply to a 
     motor carrier registered under this chapter or to an employee 
     or agent of the motor carrier to the extent the 
     transportation is to be provided entirely by the motor 
     carrier, with other registered motor carriers, or with rail 
     or water carriers.
       ``(c) Regulations To Protect Shippers.--Regulations of the 
     Secretary applicable to brokers registered under this section 
     shall provide for the protection of shippers by motor 
     vehicle.
       ``(d) Bond and Insurance.--The Secretary may impose on 
     brokers for motor carriers of passengers such requirements 
     for bonds or insurance or both as the Secretary determines 
     are needed to protect passengers and carriers dealing with 
     such brokers.

     ``Sec. 13905. Effective periods of registration

       ``(a) Person Holding ICC Authority.--Any person having 
     authority to provide transportation or service as a motor 
     carrier, freight forwarder, or broker under this title, as in 
     effect on the day before the effective date of this section, 
     shall be deemed, for purposes of this part, to be registered 
     to provide such transportation or service under this part.
       ``(b) In General.--Except as otherwise provided in this 
     part, each registration issued under section 13902, 13903, or 
     13904 shall be effective from the date specified by the 
     Secretary and shall remain in effect for such period as the 
     Secretary determines appropriate by regulation.
       ``(c) Suspension, Amendments, and Revocations.--On 
     application of the registrant, the Secretary may amend or 
     revoke a registration. On complaint or on the Secretary's own 
     initiative and after notice and an opportunity for a 
     proceeding, the Secretary may suspend, amend, or revoke any 
     part of the registration of a motor carrier, broker, or 
     freight forwarder for willful failure to comply with this 
     part, an applicable regulation or order of the Secretary or 
     of the Board, or a condition of its registration.
       ``(d) Procedure.--Except on application of the registrant, 
     the Secretary may revoke a registration of a motor carrier, 
     freight forwarder, or broker, only after--
       ``(1) the Secretary has issued an order to the registrant 
     under section 14701 requiring compliance with this part, a 
     regulation of the Secretary, or a condition of the 
     registration; and
       ``(2) the registrant willfully does not comply with the 
     order for a period of 30 days.
       ``(e) Expedited Procedure.--
       ``(1) Protection of safety.--Without regard to subchapter 
     II of chapter 5 of title 5, the Secretary may suspend the 
     registration of a motor carrier, a freight forwarder, or a 
     broker for failure to comply with safety requirements of the 
     Secretary or the safety fitness requirements pursuant to 
     section 13904(c), 13906, or 31144, of this title, or an order 
     or regulation of the Secretary prescribed under those 
     sections.
       ``(2) Imminent hazard to public health.--Without regard to 
     subchapter II of chapter 5 of title 5, the Secretary may 
     suspend a registration of a motor carrier of passengers if 
     the Secretary finds that such carrier has been conducting 
     unsafe operations which are an imminent hazard to public 
     health or property.
       ``(3) Notice; period of suspension.--The Secretary may 
     suspend under this subsection the registration only after 
     giving notice of the suspension to the registrant. The 
     suspension remains in effect until the registrant complies 
     with those applicable sections or, in the case of a 
     suspension under paragraph (2), until the Secretary revokes 
     such suspension.
     
[[Page H15016]]


     ``Sec. 13906. Security of motor carriers, brokers, and 
       freight forwarders

       ``(a) Motor Carrier Requirements.--
       ``(1) Liability insurance requirement.--The Secretary may 
     register a motor carrier under section 13902 only if the 
     registrant files with the Secretary a bond, insurance policy, 
     or other type of security approved by the Secretary, in an 
     amount not less than such amount as the Secretary prescribes 
     pursuant to, or as is required by, sections 31138 and 31139, 
     and the laws of the State or States in which the registrant 
     is operating, to the extent applicable. The security must be 
     sufficient to pay, not more than the amount of the security, 
     for each final judgment against the registrant for bodily 
     injury to, or death of, an individual resulting from the 
     negligent operation, maintenance, or use of motor vehicles, 
     or for loss or damage to property (except property referred 
     to in paragraph (3) of this subsection), or both. A 
     registration remains in effect only as long as the registrant 
     continues to satisfy the security requirements of this 
     paragraph.
       ``(2) Agency requirement.--A motor carrier shall comply 
     with the requirements of sections 13303 and 13304. To protect 
     the public, the Secretary may require any such motor carrier 
     to file the type of security that a motor carrier is required 
     to file under paragraph (1) of this subsection. This 
     paragraph only applies to a foreign motor private carrier and 
     foreign motor carrier operating in the United States to the 
     extent that such carrier is providing transportation between 
     places in a foreign country or between a place in one foreign 
     country and a place in another foreign country.
       ``(3) Transportation insurance.--The Secretary may require 
     a registered motor carrier to file with the Secretary a type 
     of security sufficient to pay a shipper or consignee for 
     damage to property of the shipper or consignee placed in the 
     possession of the motor carrier as the result of 
     transportation provided under this part. A carrier required 
     by law to pay a shipper or consignee for loss, damage, or 
     default for which a connecting motor carrier is responsible 
     is subrogated, to the extent of the amount paid, to the 
     rights of the shipper or consignee under any such security.
       ``(b) Broker Requirements.--The Secretary may register a 
     person as a broker under section 13904 only if the person 
     files with the Secretary a bond, insurance policy, or other 
     type of security approved by the Secretary to ensure that the 
     transportation for which a broker arranges is provided. The 
     registration remains in effect only as long as the broker 
     continues to satisfy the security requirements of this 
     subsection.
       ``(c) Freight Forwarder Requirements.--
       ``(1) Liability insurance.--The Secretary may register a 
     person as a freight forwarder under section 13903 of this 
     title only if the person files with the Secretary a bond, 
     insurance policy, or other type of security approved by the 
     Secretary. The security must be sufficient to pay, not more 
     than the amount of the security, for each final judgment 
     against the freight forwarder for bodily injury to, or death 
     of, an individual, or loss of, or damage to, property (other 
     than property referred to in paragraph (2) of this 
     subsection), resulting from the negligent operation, 
     maintenance, or use of motor vehicles by or under the 
     direction and control of the freight forwarder when providing 
     transfer, collection, or delivery service under this part.
       ``(2) Freight forwarder insurance.--The Secretary may 
     require a registered freight forwarder to file with the 
     Secretary a bond, insurance policy, or other type of security 
     approved by the Secretary sufficient to pay, not more than 
     the amount of the security, for loss of, or damage to, 
     property for which the freight forwarder provides service.
       ``(3) Effective period.--The freight forwarder's 
     registration remains in effect only as long as the freight 
     forwarder continues to satisfy the security requirements of 
     this subsection.
       ``(d) Type of Insurance.--The Secretary may determine the 
     type and amount of security filed under this section. A motor 
     carrier may submit proof of qualifications as a self-insurer 
     to satisfy the security requirements of this section. The 
     Secretary shall adopt regulations governing the standards for 
     approval as a self-insurer. Motor carriers which have been 
     granted authority to self-insure as of the effective date of 
     this section shall retain that authority unless, for good 
     cause shown and after notice and an opportunity for a 
     hearing, the Secretary finds that the authority must be 
     revoked.
       ``(e) Notice of Cancellation of Insurance.--The Secretary 
     shall issue regulations requiring the submission to the 
     Secretary of notices of insurance cancellation sufficiently 
     in advance of actual cancellation so as to enable the 
     Secretary to promptly revoke the registration of any carrier 
     or broker after the effective date of the cancellation.
       ``(f) Form of Endorsement.--The Secretary shall also 
     prescribe the appropriate form of endorsement to be appended 
     to policies of insurance and surety bonds which will subject 
     the insurance policy or surety bond to the full security 
     limits of the coverage required under this section.

     ``Sec. 13907. Household goods agents

       ``(a) Carriers Responsible for Agents.--Each motor carrier 
     providing transportation of household goods shall be 
     responsible for all acts or omissions of any of its agents 
     which relate to the performance of household goods 
     transportation services (including accessorial or terminal 
     services) and which are within the actual or apparent 
     authority of the agent from the carrier or which are ratified 
     by the carrier.
       ``(b) Standard for Selecting Agents.--Each motor carrier 
     providing transportation of household goods shall use due 
     diligence and reasonable care in selecting and maintaining 
     agents who are sufficiently knowledgeable, fit, willing, and 
     able to provide adequate household goods transportation 
     services (including accessorial and terminal services) and to 
     fulfill the obligations imposed upon them by this part and by 
     such carrier.
       ``(c) Enforcement.--
       ``(1) Complaint.--Whenever the Secretary has reason to 
     believe from a complaint or investigation that an agent 
     providing household goods transportation services (including 
     accessorial and terminal services) under the authority of a 
     motor carrier providing transportation of household goods has 
     violated section 14901(e) or 14912 or is consistently not 
     fit, willing, and able to provide adequate household goods 
     transportation services (including accessorial and terminal 
     services), the Secretary may issue to such agent a complaint 
     stating the charges and containing notice of the time and 
     place of a hearing which shall be held no later than 60 days 
     after service of the complaint to such agent.
       ``(2) Right to defend.--The agent shall have the right to 
     appear at such hearing and rebut the charges contained in the 
     complaint.
       ``(3) Order.--If the agent does not appear at the hearing 
     or if the Secretary finds that the agent has violated section 
     14901(e) or 14912 or is consistently not fit, willing, and 
     able to provide adequate household goods transportation 
     services (including accessorial and terminal services), the 
     Secretary may issue an order to compel compliance with the 
     requirement that the agent be fit, willing, and able. 
     Thereafter, the Secretary may issue an order to limit, 
     condition, or prohibit such agent from any involvement in the 
     transportation or provision of services incidental to the 
     transportation of household goods if, after notice and an 
     opportunity for a hearing, the Secretary finds that such 
     agent, within a reasonable time after the date of issuance of 
     a compliance order under this section, but in no event less 
     than 30 days after such date of issuance, has willfully 
     failed to comply with such order.
       ``(4) Hearing.--Upon filing of a petition with the 
     Secretary by an agent who is the subject of an order issued 
     pursuant to the second sentence of paragraph (3) of this 
     subsection and after notice, a hearing shall be held with an 
     opportunity to be heard. At such hearing, a determination 
     shall be made whether the order issued pursuant to paragraph 
     (3) of this subsection should be rescinded.
       ``(5) Court review.--Any agent adversely affected or 
     aggrieved by an order of the Secretary issued under this 
     subsection may seek relief in the appropriate United States 
     court of appeals as provided by and in the manner prescribed 
     in chapter 158 of title 28, United States Code.
       ``(d) Limitation on Applicability of Antitrust Laws.--
       ``(1) In general.--The antitrust laws, as defined in the 
     first section of the Clayton Act (15 U.S.C. 12), do not apply 
     to discussions or agreements between a motor carrier 
     providing transportation of household goods and its agents 
     (whether or not an agent is also a carrier) related solely 
     to--
       ``(A) rates for the transportation of household goods under 
     the authority of the principal carrier;
       ``(B) accessorial, terminal, storage, or other charges for 
     services incidental to the transportation of household goods 
     transported under the authority of the principal carrier;
       ``(C) allowances relating to transportation of household 
     goods under the authority of the principal carrier; and
       ``(D) ownership of a motor carrier providing transportation 
     of household goods by an agent or membership on the board of 
     directors of any such motor carrier by an agent.
       ``(2) Board review.--The Board, upon its own initiative or 
     request, shall review any activities undertaken under 
     paragraph (1) and shall modify or terminate the activity if 
     necessary to protect the public interest.
       ``(e) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Household goods.--The term `household goods' has the 
     meaning such term had under section 10102(11) of this title, 
     as in effect on the day before the effective date of this 
     section.
       ``(2) Transportation.--The term `transportation' means 
     transportation that would be subject to the jurisdiction of 
     the Interstate Commerce Commission under subchapter II of 
     chapter 105 of this title, as in effect on the day before 
     such effective date, if such subchapter were still in effect.

     ``Sec. 13908. Registration and other reforms

       ``(a) Regulations Replacing Certain Programs.--The 
     Secretary, in cooperation with the States, and after notice 
     and opportunity for public comment, shall issue regulations 
     to replace the current Department of Transportation 
     identification number system, the single State registration 
     system under section 14504, the registration system contained 
     in this chapter, and the financial responsibility information 
     system under section 13906 with a single, on-line, Federal 
     system. The new system shall serve as a clearinghouse and 
     depository of information on and identification of all 
     foreign and domestic motor carriers, brokers, and freight 
     forwarders, and others required to register with the 
     Department as well as information on safety fitness and 
     compliance with required levels of financial responsibility. 
     In issuing the regulations, the Secretary shall consider 
     whether or not to integrate the requirements of section 13304 
     into the new system and may integrate such requirements into 
     the new 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.
     
[[Page H15017]]

       ``(3) The justification and need for collecting the 
     statutory fee for such system under section 
     14504(c)(2)(B)(iv).
       ``(4) The public safety.
       ``(5) The efficient delivery of transportation services.
       ``(6) How, and under what conditions, to extend the 
     registration system to motor private carriers and to carriers 
     exempt under sections 13502, 13503, and 13506.
       ``(c) Fee System.--The Secretary may establish, under 
     section 9701 of title 31, a fee system for registration and 
     filing evidence of financial responsibility under the new 
     system under subsection (a). Fees collected under the fee 
     system shall cover the costs of operating and upgrading the 
     registration system, including all personnel costs associated 
     with the system. Fees collected under this subsection may be 
     credited to the Department of Transportation appropriations 
     account for purposes for which such fees are collected, and 
     shall be available for expenditure until expended.
       ``(d) State Registration Programs.--If the Secretary 
     determines that no State should require insurance filings or 
     collect fees for such filings (including filings and fees 
     authorized under section 14504), the Secretary may prevent 
     any State or political subdivision thereof, or any political 
     authority of 2 or more States, from imposing any insurance 
     filing requirements or fees that are for the same purposes as 
     filings or fees the Secretary requires under the new system 
     under subsection (a). The Secretary may not take any action 
     pursuant to this subsection unless--
       ``(1) fees that will be collected by the Secretary under 
     subsection (c) and distributed in each fiscal year to the 
     States will provide each State with at least as much revenue 
     as that State received in fiscal year 1995 under section 
     11506, as in effect on the day before the effective date of 
     this section; and
       ``(2) all States will receive from the distribution of such 
     fees a minimum apportionment.
       ``(e) Deadline for Conclusion; Modifications.--Not later 
     than 24 months after the effective date of this section, the 
     Secretary--
       ``(1) shall conclude the rulemaking under this section;
       ``(2) may implement such changes under this section as the 
     Secretary considers appropriate and in the public interest; 
     and
       ``(3) shall transmit to Congress a report on any findings 
     of the rulemaking and the changes being implemented under 
     this section, together with such recommendations for 
     legislative language necessary to conform this part to such 
     changes.

                 ``CHAPTER 141--OPERATIONS OF CARRIERS

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

``Sec.
``14101. Providing transportation and service.
``14102. Leased motor vehicles.
``14103. Loading and unloading motor vehicles.
``14104. Household goods carrier operations.

                  ``SUBCHAPTER II--REPORTS AND RECORDS

``14121. Definitions.
``14122. Records: form; inspection; preservation.
``14123. Financial reporting.

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

     ``Sec. 14101. Providing transportation and service

       ``(a) On Reasonable Request.--A carrier providing 
     transportation or service subject to jurisdiction under 
     chapter 135 shall provide the transportation or service on 
     reasonable request. In addition, a motor carrier shall 
     provide safe and adequate service, equipment, and facilities.
       ``(b) Contracts With Shippers.--
       ``(1) In general.--A carrier providing transportation or 
     service subject to jurisdiction under chapter 135 may enter 
     into a contract with a shipper, other than for the movement 
     of household goods described in section 13102(10)(A), to 
     provide specified services under specified rates and 
     conditions. If the shipper and carrier, in writing, expressly 
     waive any or all rights and remedies under this part for the 
     transportation covered by the contract, the transportation 
     provided under the contract shall not be subject to the 
     waived rights and remedies and may not be subsequently 
     challenged on the ground that it violates the waived rights 
     and remedies. The parties may not waive the provisions 
     governing registration, insurance, or safety fitness.
       ``(2) Remedy for breach of contract.--The exclusive remedy 
     for any alleged breach of a contract entered into under this 
     subsection shall be an action in an appropriate State court 
     or United States district court, unless the parties otherwise 
     agree.

     ``Sec. 14102. Leased motor vehicles

       ``(a) General Authority of Secretary.--The Secretary may 
     require a motor carrier providing transportation subject to 
     jurisdiction under subchapter I of chapter 135 that uses 
     motor vehicles not owned by it to transport property under an 
     arrangement with another party to--
       ``(1) make the arrangement in writing signed by the parties 
     specifying its duration and the compensation to be paid by 
     the motor carrier;
       ``(2) carry a copy of the arrangement in each motor vehicle 
     to which it applies during the period the arrangement is in 
     effect;
       ``(3) inspect the motor vehicles and obtain liability and 
     cargo insurance on them; and
       ``(4) have control of and be responsible for operating 
     those motor vehicles in compliance with requirements 
     prescribed by the Secretary on safety of operations and 
     equipment, and with other applicable law as if the motor 
     vehicles were owned by the motor carrier.
       ``(b) Responsible Party for Loading and Unloading.--The 
     Secretary shall require, by regulation, that any arrangement, 
     between a motor carrier of property providing transportation 
     subject to jurisdiction under subchapter I of chapter 135 and 
     any other person, under which such other person is to provide 
     any portion of such transportation by a motor vehicle not 
     owned by the carrier shall specify, in writing, who is 
     responsible for loading and unloading the property onto and 
     from the motor vehicle.

     ``Sec. 14103. Loading and unloading motor vehicles

       ``(a) Shipper Responsible for Assisting.--Whenever a 
     shipper or receiver of property requires that any person who 
     owns or operates a motor vehicle transporting property in 
     interstate commerce (whether or not such transportation is 
     subject to jurisdiction under subchapter I of chapter 135) be 
     assisted in the loading or unloading of such vehicle, the 
     shipper or receiver shall be responsible for providing such 
     assistance or shall compensate the owner or operator for all 
     costs associated with securing and compensating the person or 
     persons providing such assistance.
       ``(b) Coercion Prohibited.--It shall be unlawful to coerce 
     or attempt to coerce any person providing transportation of 
     property by motor vehicle for compensation in interstate 
     commerce (whether or not such transportation is subject to 
     jurisdiction under subchapter I of chapter 135) to load or 
     unload any part of such property onto or from such vehicle or 
     to employ or pay one or more persons to load or unload any 
     part of such property onto or from such vehicle; except that 
     this subsection shall not be construed as making unlawful any 
     activity which is not unlawful under the National Labor 
     Relations Act or the Act of March 23, 1932 (47 Stat. 70; 29 
     U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia 
     Act.

     ``Sec. 14104. Household goods carrier operations

       ``(a) General Regulatory Authority.--
       ``(1) Paperwork minimization.--The Secretary may issue 
     regulations, including regulations protecting individual 
     shippers, in order to carry out this part with respect to the 
     transportation of household goods by motor carriers subject 
     to jurisdiction under subchapter I of chapter 135. The 
     regulations and paperwork required of motor carriers 
     providing transportation of household goods shall be 
     minimized to the maximum extent feasible consistent with the 
     protection of individual shippers.
       ``(2) Performance standards.--
       ``(A) In general.--Regulations of the Secretary protecting 
     individual shippers shall include, where appropriate, 
     reasonable performance standards for the transportation of 
     household goods subject to jurisdiction under subchapter I of 
     chapter 135.
       ``(B) Factors to consider.--In establishing performance 
     standards under this paragraph, the Secretary shall take into 
     account at least the following--
       ``(i) the level of performance that can be achieved by a 
     well-managed motor carrier transporting household goods;
       ``(ii) the degree of harm to individual shippers which 
     could result from a violation of the regulation;
       ``(iii) the need to set the level of performance at a level 
     sufficient to deter abuses which result in harm to consumers 
     and violations of regulations;
       ``(iv) service requirements of the carriers;
       ``(v) the cost of compliance in relation to the consumer 
     benefits to be achieved from such compliance; and
       ``(vi) the need to set the level of performance at a level 
     designed to encourage carriers to offer service responsive to 
     shipper needs.
       ``(3) Limitations on statutory construction.--Nothing in 
     this section shall be construed to limit the Secretary's 
     authority to require reports from motor carriers providing 
     transportation of household goods or to require such carriers 
     to provide specified information to consumers concerning 
     their past performance.
       ``(b) Estimates.--
       ``(1) Authority to provide without compensation.--Every 
     motor carrier providing transportation of household goods 
     subject to jurisdiction under subchapter I of chapter 135, 
     upon request of a prospective shipper, may provide the 
     shipper with an estimate of charges for transportation of 
     household goods and for the proposed services. The Secretary 
     shall not prohibit any such carrier from charging a 
     prospective shipper for providing a written, binding estimate 
     for the transportation and proposed services.
       ``(2) Applicability of antitrust laws.--Any charge for an 
     estimate of charges provided by a motor carrier to a shipper 
     for transportation of household goods subject to jurisdiction 
     under subchapter I of chapter 135 shall be subject to the 
     antitrust laws, as defined in the first section of the 
     Clayton Act (15 U.S.C. 12).
       ``(c) Flexibility in Weighing Shipments.--The Secretary 
     shall issue regulations that provide motor carriers providing 
     transportation of household goods subject to jurisdiction 
     under subchapter I of chapter 135 with the maximum possible 
     flexibility in weighing shipments, consistent with assurance 
     to the shipper of accurate weighing practices. The Secretary 
     shall not prohibit such carriers from backweighing shipments 
     or from basing their charges on the reweigh weights if the 
     shipper observes both the tare and gross weighings (or, prior 
     to such weighings, waives in writing the opportunity to 
     observe such weighings) and such weighings are performed on 
     the same scale.

                  ``SUBCHAPTER II--REPORTS AND RECORDS

     ``Sec. 14121. Definitions

       ``In this subchapter, the following definitions apply:
       ``(1) Carrier and broker.--The terms `carrier' and `broker' 
     include a receiver or trustee of a carrier and broker, 
     respectively.
       ``(2) Association.--The term `association' means an 
     organization maintained by or in the 

[[Page H15018]]
     interest of a group of carriers or brokers providing transportation or 
     service subject to jurisdiction under chapter 135 that 
     performs a service, or engages in activities, related to 
     transportation under this part.

     ``Sec. 14122. Records: form; inspection; preservation

       ``(a) Form of Records.--The Secretary or the 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) Right of Inspection.--The Secretary or Board, or an 
     employee designated by the Secretary or Board, may on demand 
     and display of proper credentials--
       ``(1) inspect and examine the lands, buildings, and 
     equipment of a carrier or broker; and
       ``(2) inspect and copy any record of--
       ``(A) a carrier, broker, or association; and
       ``(B) a person controlling, controlled by, or under common 
     control with a carrier if the Secretary or Board, as 
     applicable, considers inspection relevant to that person's 
     relation to, or transaction with, that carrier.
       ``(c) Period for Preservation of Records.--The Secretary or 
     Board, as applicable, may prescribe the time period during 
     which operating, accounting, and financial records must be 
     preserved by carriers and brokers.

     ``Sec. 14123. Financial reporting

       ``(a) Reports.--
       ``(1) Annual reports.--The Secretary shall require Class I 
     and Class II motor carriers to file with the Secretary annual 
     financial and safety reports, the form and substance of which 
     shall be prescribed by the Secretary; except that, at a 
     minimum, such reports shall include balance sheets and income 
     statements.
       ``(2) Other reports.--The Secretary may require motor 
     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.
       ``(b) Matters To Be Covered.--In determining the matters to 
     be covered by any reports to be filed under subsection (a), 
     the Secretary shall consider--
       ``(1) safety needs;
       ``(2) the need to preserve confidential business 
     information and trade secrets and prevent competitive harm;
       ``(3) private sector, academic, and public use of 
     information in the reports; and
       ``(4) the public interest.
       ``(c) Exemptions.--
       ``(1) From filing.--The Secretary may exempt upon good 
     cause shown any party from the financial reporting 
     requirements of subsection (a). Any request for such 
     exemption 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.
       ``(2) From public release.--
       ``(A) In general.--The Secretary shall allow, upon request, 
     a filer of a report under subsection (a) that is not a 
     publicly held corporation or that is not subject to financial 
     reporting requirements of the Securities and Exchange 
     Commission, an exemption from the public release of such 
     report.
       ``(B) Procedure.--After a request under subparagraph (A) 
     and notice and opportunity for comment but no event later 
     than 90 days after the date of such request, the Secretary 
     shall approve such request if the Secretary finds that the 
     exemption requested is necessary to avoid competitive harm 
     and to avoid the disclosure of information that qualifies as 
     a trade secret or privileged or confidential information 
     under section 552(b)(4) of title 5.
       ``(C) Use of data for internal dot purposes.--If an 
     exemption is granted under this paragraph, nothing shall 
     prevent the Secretary from using data from reports filed 
     under this subsection for internal purposes of the Department 
     of Transportation or including such data in aggregate 
     industry statistics released for publication if such 
     inclusion would not render the filer's data readily 
     identifiable.
       ``(D) Pending requests.--The Secretary shall not release 
     publicly the report of a carrier making a request under 
     subparagraph (A) while such request is pending.
       ``(3) Period of exemptions.--Exemptions granted under this 
     subsection shall be for 3-year periods.
       ``(d) Streamlining and Simplification.--The Secretary shall 
     streamline and simplify, to the maximum extent practicable, 
     any reporting requirements the Secretary imposes under this 
     section.

                         ``CHAPTER 143--FINANCE

``Sec.
``14301. Security interests in certain motor vehicles.
``14302. Pooling and division of transportation or earnings.
``14303. Consolidation, merger, and acquisition of control of motor 
              carriers of passengers.

     ``Sec. 14301. Security interests in certain motor vehicles

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Motor vehicle.--The term `motor vehicle' means a 
     truck of rated capacity (gross vehicle weight) of at least 
     10,000 pounds, a highway tractor of rated capacity (gross 
     combination weight) of at least 10,000 pounds, a property-
     carrying trailer or semitrailer with at least one load-
     carrying axle of at least 10,000 pounds, or a motor bus with 
     a seating capacity of at least 10 individuals.
       ``(2) Lien creditor.--The term `lien creditor' means a 
     creditor having a lien on a motor vehicle and includes an 
     assignee for benefit of creditors from the date of 
     assignment, a trustee in a case under title 11 from the date 
     of filing of the petition in that case, and a receiver in 
     equity from the date of appointment of the receiver.
       ``(3) Security interest.--The term `security interest' 
     means an interest (including an interest established by a 
     conditional sales contract, mortgage, equipment trust, or 
     other lien or title retention contract, or lease) in a motor 
     vehicle when the interest secures payment or performance of 
     an obligation.
       ``(4) Perfection.--The term `perfection', as related to a 
     security interest, means taking action (including public 
     filing, recording, notation on a certificate of title, and 
     possession of collateral by the secured party), or the 
     existence of facts, required under law to make a security 
     interest enforceable against general creditors and subsequent 
     lien creditors of a debtor, but does not include compliance 
     with requirements related only to the establishment of a 
     valid security interest between the debtor and the secured 
     party.
       ``(b) Requirements for Perfection of Security Interest.--A 
     security interest in a motor vehicle owned by, or in the 
     possession and use of, a carrier registered under section 
     13902 of this title and owing payment or performance of an 
     obligation secured by that security interest is perfected in 
     all jurisdictions against all general, and subsequent lien, 
     creditors of, and all persons taking a motor vehicle by sale 
     (or taking or retaining a security interest in a motor 
     vehicle) from, that carrier when--
       ``(1) a certificate of title is issued for a motor vehicle 
     under a law of a jurisdiction that requires or permits 
     indication, on a certificate or title, of a security interest 
     in the motor vehicle if the security interest is indicated on 
     the certificate;
       ``(2) a certificate of title has not been issued and the 
     law of the State where the principal place of business of 
     that carrier is located requires or permits public filing or 
     recording of, or in relation to, that security interest if 
     there has been such a public filing or recording; and
       ``(3) a certificate of title has not been issued and the 
     security interest cannot be perfected under paragraph (2) of 
     this subsection, if the security interest has been perfected 
     under the law (including the conflict of laws rules) of the 
     State where the principal place of business of that carrier 
     is located.

     ``Sec. 14302. Pooling and division of transportation or 
       earnings

       ``(a) Approval Required.--A carrier providing 
     transportation subject to jurisdiction under subchapter I of 
     chapter 135 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 Board under this 
     section.
       ``(b) Standards for Approval.--The 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 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) Procedure.--
       ``(1) Application.--Any motor carrier of property may apply 
     to the 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 Board not less than 50 days 
     before its effective date.
       ``(2) Determination of importance and restraint on 
     competition.--Prior to the effective date of the agreement or 
     combination, the 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 Board 
     determines that neither of these 2 factors exists, it shall, 
     prior to such effective date and without a hearing, approve 
     and authorize the agreement or combination, under such rules 
     and regulations as the Board may issue, and for such 
     consideration between such carriers and upon such terms and 
     conditions as shall be found by the Board to be just and 
     reasonable.
       ``(3) Hearing.--If the 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 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 
     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 Board may issue, and for such 
     consideration between such carriers and upon such terms and 
     conditions as shall be found by the Board to be just and 
     reasonable.
       ``(4) Special rules for household goods carriers.--In the 
     case of an application for 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 

[[Page H15019]]
     to the public and of economy in operation and not to restrain 
     competition unduly if the practices proposed to be carried 
     out under such agreement or combination are the same as or 
     similar to practices carried out under agreements and 
     combinations between motor carriers providing transportation 
     of household goods to pool or divide traffic or service of 
     any part of their earnings approved by the Interstate 
     Commerce Commission before the effective date of this 
     section.
       ``(5) Streamlining and simplifying.--The Board shall 
     streamline, simplify, and expedite, to the maximum extent 
     practicable, the process (including any paperwork) for 
     submission and approval of applications under this section 
     for agreements and combinations between motor carriers 
     providing transportation of household goods and their agents.
       ``(d) Conditions.--The Board may impose conditions 
     governing the pooling or division and may approve and 
     authorize payment of a reasonable consideration between the 
     carriers.
       ``(e) Initiation of Proceeding.--The Board may begin a 
     proceeding under this section on its own initiative or on 
     application.
       ``(f) Effect of Approval.--A carrier may participate in an 
     arrangement approved by or exempted by the 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) Continuation of Existing Agreements.--Any agreements 
     in operation under the provisions of this title on the 
     effective date of this section that are succeeded by this 
     section shall remain in effect until further order of the 
     Board.
       ``(h) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Household goods.--The term `household goods' has the 
     meaning such term had under section 10102(11) of this title, 
     as in effect on the day before the effective date of this 
     section.
       ``(2) Transportation.--The term `transportation' means 
     transportation that would be subject to the jurisdiction of 
     the Interstate Commerce Commission under subchapter II of 
     chapter 105 of this title, as in effect on the day before 
     such effective date, if such subchapter were still in effect.

     ``Sec. 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 may be carried 
     out only with the approval of the 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) Standard for Approval.--The Board shall approve and 
     authorize a transaction under this section when it finds the 
     transaction is consistent with the public interest. The Board 
     shall consider at least the following:
       ``(1) The effect of the proposed transaction on the 
     adequacy of transportation to the public.
       ``(2) The total fixed charges that result from the proposed 
     transaction.
       ``(3) The interest of carrier employees affected by the 
     proposed transaction.
     The Board may impose conditions governing the transaction.
       ``(c) Determination of Completeness of Application.--Within 
     30 days after the date on which an application is filed under 
     this section, the Board shall either publish a notice of the 
     application in the Federal Register or reject the application 
     if it is incomplete.
       ``(d) Comments.--Written comments about an application may 
     be filed with the Board within 45 days after the date on 
     which notice of the application is published under subsection 
     (c).
       ``(e) Deadlines.--The Board shall conclude evidentiary 
     proceedings by the 240th day after the date on which 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) Effect of Approval.--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 the 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) Limitation on Applicability.--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.
       ``(h) Applicability of Certain Provisions.--When the Board 
     approves and authorizes a transaction under this section in 
     which a person not a carrier providing transportation subject 
     to jurisdiction under subchapter I of chapter 135 acquires 
     control of at least 1 carrier subject to such jurisdiction, 
     the person is subject, as a carrier, to the following 
     provisions of this title that apply to the carrier being 
     acquired by that person, to the extent specified by the 
     Board: sections 504(f), 14121-14123, 14901(a), and 14907.
       ``(i) Interim Approval.--Pending determination of an 
     application filed under this section, the Board may approve, 
     for a period of not more than 180 days, the operation of the 
     properties sought to be acquired by the person proposing in 
     the application to acquire those properties, when it appears 
     that failure to do so may result in destruction of or injury 
     to those properties or substantially interfere with their 
     future usefulness in providing adequate and continuous 
     service to the public. Transportation provided by a motor 
     carrier under a grant of approval under this subsection is 
     subject to this part.
       ``(j) Supplemental Orders.--When cause exists, the Board 
     may issue appropriate orders supplemental to an order made in 
     a proceeding under this section.

                 ``CHAPTER 145--FEDERAL-STATE RELATIONS

``Sec.
``14501. Federal authority over intrastate transportation.
``14502. Tax discrimination against motor carrier transportation 
              property.
``14503. Withholding State and local income tax by certain carriers.
``14504. Registration of motor carriers by a State.
``14505. State tax.

     ``Sec. 14501. Federal authority over intrastate 
       transportation

       ``(a) Motor Carriers of Passengers.--No State or political 
     subdivision thereof and no interstate agency or other 
     political agency of 2 or more States shall enact or enforce 
     any law, rule, regulation, standard, or other provision 
     having the force and effect of law relating to scheduling of 
     interstate or intrastate transportation (including 
     discontinuance or reduction in the level of service) provided 
     by motor carrier of passengers subject to jurisdiction under 
     subchapter I of chapter 135 of this title on an interstate 
     route or relating to the implementation of any change in the 
     rates for such transportation or for any charter 
     transportation except to the extent that notice, not in 
     excess of 30 days, of changes in schedules may be required. 
     This subsection shall not apply to intrastate commuter bus 
     operations.
       ``(b) Freight Forwarders and Brokers.--
       ``(1) General rule.--Subject to paragraph (2) of this 
     subsection, no State or political subdivision thereof and no 
     intrastate agency or other political agency of 2 or more 
     States shall enact or enforce any law, rule, regulation, 
     standard, or other provision having the force and effect of 
     law relating to intrastate rates, intrastate routes, or 
     intrastate services of any freight forwarder or broker.
       ``(2) Continuation of hawaii's authority.--Nothing in this 
     subsection and the amendments made by the Surface Freight 
     Forwarder Deregulation Act of 1986 shall be construed to 
     affect the authority of the State of Hawaii to continue to 
     regulate a motor carrier operating within the State of 
     Hawaii.
       ``(c) Motor Carriers of Property.--
       ``(1) General rule.--Except as provided in paragraphs (2) 
     and (3), a State, political subdivision of a State, or 
     political authority of 2 or more States may not enact or 
     enforce a law, regulation, or other provision having the 
     force and effect of law related to a price, route, or service 
     of any motor carrier (other than a carrier affiliated with a 
     direct air carrier covered by section 41713(b)(4)) or any 
     motor private carrier, broker, or freight forwarder with 
     respect to the transportation of property.
       ``(2) Matters not covered.--Paragraph (1)--
       ``(A) shall not restrict the safety regulatory authority of 
     a State with respect to motor vehicles, the authority of a 
     State to impose highway route controls or limitations based 
     on the size or weight of the motor vehicle or the hazardous 
     nature of the cargo, or the authority of a State to regulate 
     motor carriers with regard to minimum amounts of financial 
     responsibility relating to insurance requirements and self-
     insurance authorization;
       ``(B) does not apply to the transportation of household 
     goods; and
       ``(C) does not apply to the authority of a State or a 
     political subdivision of a State to enact or enforce a law, 
     regulation, or other provision relating to the price of for-
     hire motor vehicle transportation by a tow truck, if such 
     transportation is performed 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,
       ``(iv) antitrust immunity for joint line rates or routes, 
     classifications, mileage guides, and pooling, or
       ``(v) antitrust immunity for agent-van line operations (as 
     set forth in section 13907),


[[Page H15020]]

     if such law, regulation, or provision meets the requirements 
     of subparagraph (B).
       ``(B) Requirements.--A law, regulation, or provision of a 
     State, political subdivision, or political authority meets 
     the requirements of this subparagraph if--
       ``(i) the law, regulation, or provision covers the same 
     subject matter as, and compliance with such law, regulation, 
     or provision is no more burdensome than compliance with, a 
     provision of this part or a regulation issued by the 
     Secretary or the 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) Nonapplicability to hawaii.--This subsection shall 
     not apply with respect to the State of Hawaii.

     ``Sec. 14502. Tax discrimination against motor carrier 
       transportation property

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Assessment.--The term `assessment' means valuation 
     for a property tax levied by a taxing district.
       ``(2) Assessment jurisdiction.--The term `assessment 
     jurisdiction' means a geographical area in a State used in 
     determining the assessed value of property for ad valorem 
     taxation.
       ``(3) Motor carrier transportation property.--The term 
     `motor carrier transportation property' means property, as 
     defined by the Secretary, owned or used by a motor carrier 
     providing transportation in interstate commerce whether or 
     not such transportation is subject to jurisdiction under 
     subchapter I of chapter 135.
       ``(4) Commercial and industrial property.--The term 
     `commercial and industrial property' means property, other 
     than transportation property and land used primarily for 
     agricultural purposes or timber growing, devoted to a 
     commercial or industrial use, and subject to a property tax 
     levy.
       ``(b) Acts Burdening Interstate Commerce.--The following 
     acts unreasonably burden and discriminate against interstate 
     commerce and a State, subdivision of a State, or authority 
     acting for a State or subdivision of a State may not do any 
     of them:
       ``(1) Excessive valuation of property.--Assess motor 
     carrier transportation property at a value that has a higher 
     ratio to the true market value of the motor carrier 
     transportation property than the ratio that the assessed 
     value of other commercial and industrial property in the same 
     assessment jurisdiction has to the true market value of the 
     other commercial and industrial property.
       ``(2) Tax on assessment.--Levy or collect a tax on an 
     assessment that may not be made under paragraph (1).
       ``(3) Ad valorem tax.--Levy or collect an ad valorem 
     property tax on motor carrier transportation property at a 
     tax rate that exceeds the tax rate applicable to commercial 
     and industrial property in the same assessment jurisdiction.
       ``(c) Jurisdiction.--
       ``(1) In general.--Notwithstanding section 1341 of title 28 
     and without regard to the amount in controversy or 
     citizenship of the parties, a district court of the United 
     States has jurisdiction, concurrent with other jurisdiction 
     of courts of the United States and the States, to prevent a 
     violation of subsection (b) of this section.
       ``(2) Limitation in relief.--Relief may be granted under 
     this subsection only if the ratio of assessed value to true 
     market value of motor carrier transportation property 
     exceeds, by at least 5 percent, the ratio of assessed value 
     to true market value of other commercial and industrial 
     property in the same assessment jurisdiction.
       ``(3) Burden of proof.--The burden of proof in determining 
     assessed value and true market value is governed by State 
     law.
       ``(4) Violation.--If the ratio of the assessed value of 
     other commercial and industrial property in the assessment 
     jurisdiction to the true market value of all other commercial 
     and industrial property cannot be determined to the 
     satisfaction of the district court through the random-
     sampling method known as a sales assessment ratio study (to 
     be carried out under statistical principles applicable to 
     such a study), the court shall find, as a violation of this 
     section--
       ``(A) an assessment of the motor carrier transportation 
     property at a value that has a higher ratio to the true 
     market value of the motor carrier transportation property 
     than the assessment value of all other property subject to a 
     property tax levy in the assessment jurisdiction has to the 
     true market value of all such other property; and
       ``(B) the collection of ad valorem property tax on the 
     motor carrier transportation property at a tax rate that 
     exceeds the tax ratio rate applicable to taxable property in 
     the taxing district.

     ``Sec. 14503. Withholding State and local income tax by 
       certain carriers

       ``(a) Single State Tax Withholding.--
       ``(1) In general.--No part of the compensation paid by a 
     motor carrier providing transportation subject to 
     jurisdiction under subchapter I of chapter 135 or by a motor 
     private carrier to an employee who performs regularly 
     assigned duties in 2 or more States as such an employee with 
     respect to a motor vehicle shall be subject to the income tax 
     laws of any State or subdivision of that State, other than 
     the State or subdivision thereof of the employee's residence.
       ``(2) Employee defined.--In this subsection, the term 
     `employee' has the meaning given such term in section 31132.
       ``(b) Special Rules.--
       ``(1) Calculation of earnings.--In this subsection, an 
     employee is deemed to have earned more than 50 percent of pay 
     in a State or subdivision of that State in which the time 
     worked by the employee in the State or subdivision is more 
     than 50 percent of the total time worked by the employee 
     while employed during the calendar year.
       ``(2) Water carriers.--A water carrier providing 
     transportation subject to jurisdiction under subchapter II of 
     chapter 135 shall file income tax information returns and 
     other reports only with--
       ``(A) the State and subdivision of residence of the 
     employee (as shown on the employment records of the carrier); 
     and
       ``(B) the State and subdivision in which the employee 
     earned more than 50 percent of the pay received by the 
     employee from the carrier during the preceding calendar year.
       ``(3) Applicability to sailors.--This subsection applies to 
     pay of a master, officer, or sailor who is a member of the 
     crew on a vessel engaged in foreign, coastwise, intercoastal, 
     or noncontiguous trade or in the fisheries of the United 
     States.
       ``(c) Filing of Information.--A motor and motor private 
     carrier withholding pay from an employee under subsection (a) 
     of this section shall file income tax information returns and 
     other reports only with the State and subdivision of 
     residence of the employee.

     ``Sec. 14504. Registration of motor carriers by a State

       ``(a) Definitions.--In this section, the terms `standards' 
     and `amendments to standards' mean the specification of forms 
     and procedures required by regulations of the Secretary to 
     prove the lawfulness of transportation by motor carrier 
     referred to in section 13501.
       ``(b) General Rule.--The requirement of a State that a 
     motor carrier, providing transportation subject to 
     jurisdiction under subchapter I of chapter 135 and providing 
     transportation in that State, must register with the State is 
     not an unreasonable burden on transportation referred to in 
     section 13501 when the State registration is completed under 
     standards of the Secretary under subsection (c). When a State 
     registration requirement imposes obligations in excess of the 
     standards of the Secretary, the part in excess is an 
     unreasonable burden.
       ``(c) Single State Registration System.--
       ``(1) In general.--The Secretary shall maintain standards 
     for implementing a system under which--
       ``(A) a motor carrier is required to register annually with 
     only one State by providing evidence of its Federal 
     registration under chapter 139;
       ``(B) the State of registration shall fully comply with 
     standards prescribed under this section; and
       ``(C) such single State registration shall be deemed to 
     satisfy the registration requirements of all other States.
       ``(2) Specific requirements.--
       ``(A) Evidence of federal registration; proof of insurance; 
     payment of fees.--Under the standards of the Secretary 
     implementing the single State registration system described 
     in paragraph (1) of this subsection, only a State acting in 
     its capacity as registration State under such single State 
     system may require a motor carrier registered by the 
     Secretary under this part--
       ``(i) to file and maintain evidence of such Federal 
     registration;
       ``(ii) to file satisfactory proof of required insurance or 
     qualification as a self-insurer;
       ``(iii) to pay directly to such State fee amounts in 
     accordance with the fee system established under subparagraph 
     (B)(iv) of this paragraph, subject to allocation of fee 
     revenues among all States in which the carrier operates and 
     which participate in the single State registration system; 
     and
       ``(iv) to file the name of a local agent for service of 
     process.
       ``(B) Receipts; fee system.--The standards of the 
     Secretary--
       ``(i) shall require that the registration State issue a 
     receipt, in a form prescribed under the standards, reflecting 
     that the carrier has filed proof of insurance as provided 
     under subparagraph (A)(ii) of this paragraph and has paid fee 
     amounts in accordance with the fee system established under 
     clause (iv) of this subparagraph;
       ``(ii) shall require that copies of the receipt issued 
     under clause (i) of this subparagraph be kept in each of the 
     carrier's commercial motor vehicles;
       ``(iii) shall not require decals, stamps, cab cards, or any 
     other means of registering or identifying specific vehicles 
     operated by the carrier;
       ``(iv) shall establish a fee system for the filing of proof 
     of insurance as provided under subparagraph (A)(ii) of this 
     paragraph that--

       ``(I) 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 evidence of Federal 
     registration 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, 

[[Page H15021]]
     1991, charged or collected a fee for a vehicle identification stamp or 
     number under part 1023 of title 49, Code of Federal 
     Regulations, shall be eligible to participate as a 
     registration State under this subsection or to receive any 
     fee revenue under this subsection.

     ``Sec. 14505. State tax

       ``A State or political subdivision thereof may not collect 
     or levy a tax, fee, head charge, or other charge on--
       ``(1) a passenger traveling in interstate commerce by motor 
     carrier;
       ``(2) the transportation of a passenger traveling in 
     interstate commerce by motor carrier;
       ``(3) the sale of passenger transportation in interstate 
     commerce by motor carrier; or
       ``(4) the gross receipts derived from such transportation.

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

``Sec.
``14701. General authority.
``14702. Enforcement by the regulatory authority.
``14703. Enforcement by the Attorney General.
``14704. Rights and remedies of persons injured by carriers or brokers.
``14705. Limitation on actions by and against carriers.
``14706. Liability of carriers under receipts and bills of lading.
``14707. Private enforcement of registration requirement.
``14708. Dispute settlement program for household goods carriers.
``14709. Tariff reconciliation rules for motor carriers of property.

     ``Sec. 14701. General authority

       ``(a) Investigations.--The Secretary or the Board, as 
     applicable, may begin an investigation under this part on the 
     Secretary's or the Board's own initiative or on complaint. If 
     the Secretary or Board, as applicable, finds that a carrier 
     or broker is violating this part, the Secretary or 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, the Secretary shall take appropriate 
     action to compel compliance with that chapter. The Secretary 
     or 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) Complaints.--A person, including a governmental 
     authority, may file with the Secretary or 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 Board, as applicable, may 
     dismiss a complaint that it determines does not state 
     reasonable grounds for investigation and action.
       ``(c) Deadline.--A formal investigative proceeding begun by 
     the Secretary or Board under subsection (a) of this section 
     is dismissed automatically unless it is concluded with 
     administrative finality by the end of the 3d year after the 
     date on which it was begun.

     ``Sec. 14702. Enforcement by the regulatory authority

       ``(a) In General.--The Secretary or the 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 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) Venue.--In a civil action under subsection (a)(2) of 
     this section--
       ``(1) trial is in the judicial district in which the 
     carrier, foreign motor carrier, foreign motor private 
     carrier, or broker operates;
       ``(2) process may be served without regard to the 
     territorial limits of the district or of the State in which 
     the action is instituted; and
       ``(3) a person participating with a carrier or broker in a 
     violation may be joined in the civil action without regard to 
     the residence of the person.
       ``(c) Standing.--The 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 or the Board shall, bring court proceedings--
       ``(1) to enforce this part or a regulation or order of the 
     Secretary or 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 Board or term of 
     registration under this part.

     ``Sec. 14704. Rights and remedies of persons injured by 
       carriers or brokers

       ``(a) In General.--
       ``(1) Enforcement of order.--A person injured because a 
     carrier or broker providing transportation or service subject 
     to jurisdiction under chapter 135 does not obey an order of 
     the Secretary or the 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. A person 
     may bring a civil action for injunctive relief for violations 
     of sections 14102 and 14103.
       ``(2) Damages for violations.--A carrier or broker 
     providing transportation or service subject to jurisdiction 
     under chapter 135 is liable for damages sustained by a person 
     as a result of an act or omission of that carrier or broker 
     in violation of this part.
       ``(b) Liability and Damages for Exceeding Tariff Rate.--A 
     carrier providing transportation or service subject to 
     jurisdiction under chapter 135 is liable to a person for 
     amounts charged that exceed the applicable rate for 
     transportation or service contained in a tariff in effect 
     under section 13702.
       ``(c) Election.--
       ``(1) Complaint to dot or board; civil action.--A person 
     may file a complaint with the Board or the Secretary, as 
     applicable, under section 14701(b) or bring a civil action 
     under subsection (b) to enforce liability against a carrier 
     or broker providing transportation or service subject to 
     jurisdiction under chapter 135.
       ``(2) Order of dot or board.--
       ``(A) In general.--When the Board or Secretary, as 
     applicable, makes an award under subsection (b) of this 
     section, the Board or Secretary, as applicable, shall order 
     the carrier to pay the amount awarded by a specific date. The 
     Board or Secretary, as applicable, may order a carrier or 
     broker providing transportation or service subject to 
     jurisdiction under chapter 135 to pay damages only when the 
     proceeding is on complaint.
       ``(B) Enforcement by civil action.--The person for whose 
     benefit an order of the 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) Procedure.--
       ``(1) In general.--When a person begins a civil action 
     under subsection (b) of this section to enforce an order of 
     the 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 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 
     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) Parties.--All parties in whose favor the award was 
     made may be joined as plaintiffs in a civil action brought in 
     a district court of the United States under this subsection 
     and all the carriers that are parties to the order awarding 
     damages may be joined as defendants. Trial in the action is 
     in the judicial district in which any one of the plaintiffs 
     could bring the action against any one of the defendants. 
     Process may be served on a defendant at its principal 
     operating office when that defendant is not in the district 
     in which the action is brought. A judgment ordering recovery 
     may be made in favor of any of those plaintiffs against the 
     defendant found to be liable to that plaintiff.
       ``(e) Attorney's Fees.--The district court shall award a 
     reasonable attorney's fee under this section. The district 
     court shall tax and collect that fee as part of the costs of 
     the action.

     ``Sec. 14705. Limitation on actions by and against carriers

       ``(a) In General.--A carrier providing transportation or 
     service subject to jurisdiction under chapter 135 must begin 
     a civil action to recover charges for transportation or 
     service provided by the carrier within 18 months after the 
     claim accrues.
       ``(b) Overcharges.--A person must begin a civil action to 
     recover overcharges within 18 months after the claim accrues. 
     If the claim is against a carrier providing transportation 
     subject to jurisdiction under chapter 135 and an election to 
     file a complaint with the Board or Secretary, as applicable, 
     is made under section 14704(c)(1), the complaint must be 
     filed within 3 years after the claim accrues.
       ``(c) Damages.--A person must file a complaint with the 
     Board or Secretary, as applicable, to recover damages under 
     section 14704(b) within 2 years after the claim accrues.
       ``(d) Extensions.--The limitation periods under subsection 
     (b) of this section are extended for 6 months from the time 
     written notice is given to the claimant by the carrier of 
     disallowance of any part of the claim specified in the notice 
     if a written claim is given to the carrier within those 
     limitation periods. The limitation periods under subsections 
     (b) and (c) of this section are extended for 90 days from the 
     time the carrier begins a civil action under subsection (a) 
     to recover charges related to the same transportation or 
     service, or collects (without beginning a civil action under 
     that subsection) the charge for that transportation or 
     service if that action is begun or collection is made within 
     the appropriate period.
       ``(e) Payment.--A person must begin a civil action to 
     enforce an order of the Board or Secretary against a carrier 
     within 1 year after the date of the order.
       ``(f) Government Transportation.--This section applies to 
     transportation for the United States Government. The time 
     limitations under this section are extended, as related to 
     transportation for or on behalf of the United States 
     Government, for 3 years from the later of the date of--
       ``(1) payment of the rate for the transportation or service 
     involved;
       ``(2) subsequent refund for overpayment of that rate; or
       ``(3) deduction made under section 3726 of title 31.
     
[[Page H15022]]

       ``(g) Accrual Date.--A claim related to a shipment of 
     property accrues under this section on delivery or tender of 
     delivery by the carrier.

     ``Sec. 14706. Liability of carriers under receipts and bills 
       of lading

       ``(a) General Liability.--
       ``(1) Motor carriers and freight forwarders.--A carrier 
     providing transportation or service subject to jurisdiction 
     under subchapter I or III of chapter 135 shall issue a 
     receipt or bill of lading for property it receives for 
     transportation under this part. That carrier and any other 
     carrier that delivers the property and is providing 
     transportation or service subject to jurisdiction under 
     subchapter I or III of chapter 135 or chapter 105 are liable 
     to the person entitled to recover under the receipt or bill 
     of lading. The liability imposed under this paragraph is for 
     the actual loss or injury to the property caused by (A) the 
     receiving carrier, (B) the delivering carrier, or (C) another 
     carrier over whose line or route the property is transported 
     in the United States or from a place in the United States to 
     a place in an adjacent foreign country when transported under 
     a through bill of lading and, except in the case of a freight 
     forwarder, applies to property reconsigned or diverted under 
     a tariff under section 13702. Failure to issue a receipt or 
     bill of lading does not affect the liability of a carrier. A 
     delivering carrier is deemed to be the carrier performing the 
     line-haul transportation nearest the destination but does not 
     include a carrier providing only a switching service at the 
     destination.
       ``(2) Freight forwarder.--A freight forwarder is both the 
     receiving and delivering carrier. When a freight forwarder 
     provides service and uses a motor carrier providing 
     transportation subject to jurisdiction under subchapter I of 
     chapter 135 to receive property from a consignor, the motor 
     carrier may execute the bill of lading or shipping receipt 
     for the freight forwarder with its consent. With the consent 
     of the freight forwarder, a motor carrier may deliver 
     property for a freight forwarder on the freight forwarder's 
     bill of lading, freight bill, or shipping receipt to the 
     consignee named in it, and receipt for the property may be 
     made on the freight forwarder's delivery receipt.
       ``(b) Apportionment.--The carrier issuing the receipt or 
     bill of lading under subsection (a) of this section or 
     delivering the property for which the receipt or bill of 
     lading was issued is entitled to recover from the carrier 
     over whose line or route the loss or injury occurred the 
     amount required to be paid to the owners of the property, as 
     evidenced by a receipt, judgment, or transcript, and the 
     amount of its expenses reasonably incurred in defending a 
     civil action brought by that person.
       ``(c) Special Rules.--
       ``(1) Motor carriers.--
       ``(A) Shipper waiver.--Subject to the provisions of 
     subparagraph (B), a carrier providing transportation or 
     service subject to jurisdiction under subchapter I or III of 
     chapter 135 may, subject to the provisions of this chapter 
     (including with respect to a motor carrier, the requirements 
     of section 13710(a)), establish rates for the transportation 
     of property (other than household goods described in section 
     13102(10)(A)) under which the liability of the carrier for 
     such property is limited to a value established by written or 
     electronic declaration of the shipper or by written agreement 
     between the carrier and shipper if that value would be 
     reasonable under the circumstances surrounding the 
     transportation.
       ``(B) Carrier notification.--If the motor carrier is not 
     required to file its tariff with the Board, it shall provide 
     under section 13710(a)(1) to the shipper, on request of the 
     shipper, a written or electronic copy of the rate, 
     classification, rules, and practices upon which any rate 
     applicable to a shipment, or agreed to between the shipper 
     and the carrier, is based. The copy provided by the carrier 
     shall clearly state the dates of applicability of the rate, 
     classification, rules, or practices.
       ``(C) Prohibition against collective establishment.--No 
     discussion, consideration, or approval as to rules to limit 
     liability under this subsection may be undertaken by carriers 
     acting under an agreement approved pursuant to section 13703.
       ``(2) Water carriers.--If loss or injury to property occurs 
     while it is in the custody of a water carrier, the liability 
     of that carrier is determined by its bill of lading and the 
     law applicable to water transportation. The liability of the 
     initial or delivering carrier is the same as the liability of 
     the water carrier.
       ``(d) Civil Actions.--
       ``(1) Against delivering carrier.--A civil action under 
     this section may be brought against a delivering carrier in a 
     district court of the United States or in a State court. 
     Trial, if the action is brought in a district court of the 
     United States is in a judicial district, and if in a State 
     court, is in a State through which the defendant carrier 
     operates.
       ``(2) Against carrier responsible for loss.--A civil action 
     under this section may be brought against the carrier alleged 
     to have caused the loss or damage, in the judicial district 
     in which such loss or damage is alleged to have occurred.
       ``(3) Jurisdiction of courts.--A civil action under this 
     section may be brought in a United States district court or 
     in a State court.
       ``(4) Judicial district defined.--In this section, 
     `judicial district' means--
       ``(A) in the case of a United States district court, a 
     judicial district of the United States; and
       ``(B) in the case of a State court, the applicable 
     geographic area over which such court exercises jurisdiction.
       ``(e) Minimum Period for Filing Claims.--
       ``(1) In general.--A carrier may not provide by rule, 
     contract, or otherwise, a period of less than 9 months for 
     filing a claim against it under this section and a period of 
     less than 2 years for bringing a civil action against it 
     under this section. The period for bringing a civil action is 
     computed from the date the carrier gives a person written 
     notice that the carrier has disallowed any part of the claim 
     specified in the notice.
       ``(2) Special rules.--For the purposes of this subsection--
       ``(A) an offer of compromise shall not constitute a 
     disallowance of any part of the claim unless the carrier, in 
     writing, informs the claimant that such part of the claim is 
     disallowed and provides reasons for such disallowance; and
       ``(B) communications received from a carrier's insurer 
     shall not constitute a disallowance of any part of the claim 
     unless the insurer, in writing, informs the claimant that 
     such part of the claim is disallowed, provides reason for 
     such disallowance, and informs the claimant that the insurer 
     is acting on behalf of the carrier.
       ``(f) Limiting Liability of Household Goods Carriers to 
     Declared Value.--A carrier or group of carriers subject to 
     jurisdiction under subchapter I or III of chapter 135 may 
     petition the 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) Modifications and Reforms.--
       ``(1) Study.--The Secretary shall conduct a study to 
     determine whether any modifications or reforms should be made 
     to the loss and damage provisions of this section, including 
     those related to limitation of liability by carriers.
       ``(2) Factors to consider.--In conducting the study, the 
     Secretary, at a minimum, shall consider--
       ``(A) the efficient delivery of transportation services;
       ``(B) international and intermodal harmony;
       ``(C) the public interest; and
       ``(D) the interest of carriers and shippers.
       ``(3) Report.--Not later than 12 months after the effective 
     date of this section, the Secretary shall submit to Congress 
     a report on the results of the study, together with any 
     recommendations of the Secretary (including legislative 
     recommendations) for implementing modifications or reforms 
     identified by the Secretary as being appropriate.

     ``Sec. 14707. Private enforcement of registration requirement

       ``(a) In General.--If a person provides transportation by 
     motor vehicle or service in clear violation of section 13901-
     13904 or 13906, a person injured by the transportation or 
     service may bring a civil action to enforce any such section. 
     In a civil action under this subsection, trial is in the 
     judicial district in which the person who violated that 
     section operates.
       ``(b) Procedure.--A copy of the complaint in a civil action 
     under subsection (a) shall be served on the Secretary and a 
     certificate of service must appear in the complaint filed 
     with the court. The Secretary may intervene in a civil action 
     under subsection (a). The Secretary may notify the district 
     court in which the action is pending that the Secretary 
     intends to consider the matter that is the subject of the 
     complaint in a proceeding before the Secretary. When that 
     notice is filed, the court shall stay further action pending 
     disposition of the proceeding before the Secretary.
       ``(c) Attorney's Fees.--In a civil action under subsection 
     (a), the court may determine the amount of and award a 
     reasonable attorney's fee to the prevailing party. That fee 
     is in addition to costs allowable under the Federal Rules of 
     Civil Procedure.

     ``Sec. 14708. Dispute settlement program for household goods 
       carriers

       ``(a) Offering Shippers Arbitration.--As a condition of 
     registration under section 13902 or 13903, a carrier 
     providing transportation of household goods subject to 
     jurisdiction under subchapter I or III of chapter 135 must 
     agree to offer in accordance with this section to shippers of 
     household goods arbitration as a means of settling disputes 
     between such carriers and shippers of household goods 
     concerning damage or loss to the household goods transported.
       ``(b) Arbitration Requirements.--
       ``(1) Prevention of special advantage.--The arbitration 
     that is offered must be designed to prevent a carrier from 
     having any special advantage in any case in which the 
     claimant resides or does business at a place distant from the 
     carrier's principal or other place of business.
       ``(2) Notice of arbitration procedure.--The carrier must 
     provide the shipper an adequate notice of the availability of 
     neutral arbitration, including a concise easy-to-read, 
     accurate summary of the arbitration procedure, any applicable 
     costs, and disclosure of the legal effects of election to 
     utilize arbitration. Such notice must be given to persons for 
     whom household goods are to be transported by the carrier 
     before such goods are tendered to the carrier for 
     transportation.
       ``(3) Provision of forms.--Upon request of a shipper, the 
     carrier must promptly provide such forms and other 
     information as are necessary for initiating an action to 
     resolve a dispute under arbitration.
       ``(4) Independence of arbitrator.--Each person authorized 
     to arbitrate or otherwise settle disputes must be independent 
     of the parties to the dispute and must be capable, as 
     determined under such regulations as the Secretary may issue, 
     to resolve such disputes fairly and expeditiously. The 
     carrier must ensure that each person chosen to settle the 
     disputes is authorized and able to obtain from the shipper or 
     carrier any material and relevant information to the extent 
     necessary to carry out a fair and expeditious decisionmaking 
     process.
       ``(5) Apportionment of costs.--No shipper may be charged 
     more than half of the cost for 

[[Page H15023]]
     instituting an arbitration proceeding that is brought under this 
     section. In the decision, the arbitrator may determine which 
     party shall pay the cost or a portion of the cost of the 
     arbitration proceeding, including the cost of instituting the 
     proceeding.
       ``(6) Requests.--The carrier must not require the shipper 
     to agree to utilize arbitration prior to the time that a 
     dispute arises. If the dispute involves a claim for $1,000 or 
     less and the shipper requests arbitration, such arbitration 
     shall be binding on the parties. If the dispute involves a 
     claim for more than $1,000 and the shipper requests 
     arbitration, such arbitration shall be binding on the parties 
     only if the carrier agrees to arbitration.
       ``(7) Oral presentation of evidence.--The arbitrator may 
     provide for an oral presentation of a dispute concerning 
     transportation of household goods by a party to the dispute 
     (or a party's representative), but such oral presentation may 
     be made only if all parties to the dispute expressly agree to 
     such presentation and the date, time, and location of such 
     presentation.
       ``(8) Deadline for decision.--The arbitrator must, as 
     expeditiously as possible but at least within 60 days of 
     receipt of written notification of the dispute, render a 
     decision based on the information gathered; except that, in 
     any case in which a party to the dispute fails to provide in 
     a timely manner any information concerning such dispute which 
     the person settling the dispute may reasonably require to 
     resolve the dispute, the arbitrator may extend such 60-day 
     period for a reasonable period of time. A decision resolving 
     a dispute may include any remedies appropriate under the 
     circumstances, including repair, replacement, refund, 
     reimbursement for expenses, and compensation for damages.
       ``(c) Limitation on Use of Materials.--Materials and 
     information obtained in the course of a decision making 
     process to settle a dispute by arbitration under this section 
     may not be used to bring an action under section 14905.
       ``(d) Attorney's Fees to Shippers.--In any court action to 
     resolve a dispute between a shipper of household goods and a 
     carrier providing transportation or service subject to 
     jurisdiction under subchapter I or III of chapter 135 
     concerning the transportation of household goods by such 
     carrier, the shipper shall be awarded reasonable attorney's 
     fees if--
       ``(1) the shipper submits a claim to the carrier within 120 
     days after the date the shipment is delivered or the date the 
     delivery is scheduled, whichever is later;
       ``(2) the shipper prevails in such court action; and
       ``(3)(A) a decision resolving the dispute was not rendered 
     through arbitration under this section within the period 
     provided under subsection (b)(8) of this section or an 
     extension of such period under such subsection; or
       ``(B) the court proceeding is to enforce a decision 
     rendered through arbitration under this section and is 
     instituted after the period for performance under such 
     decision has elapsed.
       ``(e) Attorney's Fees to Carriers.--In any court action to 
     resolve a dispute between a shipper of household goods and a 
     carrier providing transportation, or service subject to 
     jurisdiction under subchapter I or III of chapter 135 
     concerning the transportation of household goods by such 
     carrier, such carrier may be awarded reasonable attorney's 
     fees by the court only if the shipper brought such action in 
     bad faith--
       ``(1) after resolution of such dispute through arbitration 
     under this section; or
       ``(2) after institution of an arbitration proceeding by the 
     shipper to resolve such dispute under this section but 
     before--
       ``(A) the period provided under subsection (b)(8) for 
     resolution of such dispute (including, if applicable, an 
     extension of such period under such subsection) ends; and
       ``(B) a decision resolving such dispute is rendered.
       ``(f) Limitation of Applicability to Collect-on-Delivery 
     Transportation.--The provisions of this section shall apply 
     only in the case of collect-on-delivery transportation of 
     household goods.
       ``(g) Review by Secretary.--Not later than 18 months after 
     the effective date of this section, the Secretary shall 
     complete a review of the dispute settlement program 
     established under this section. If, after notice and 
     opportunity for comment, the Secretary determines that 
     changes are necessary to such program to ensure the fair and 
     equitable resolution of disputes under this section, the 
     Secretary shall implement such changes and transmit a report 
     to Congress on such changes.

     ``Sec. 14709. Tariff reconciliation rules for motor carriers 
       of property

       ``Subject to review and approval by the Board, motor 
     carriers subject to jurisdiction under subchapter I of 
     chapter 135 (other than motor carriers providing 
     transportation of household goods) and shippers may resolve, 
     by mutual consent, overcharge and under-charge claims 
     resulting from incorrect tariff provisions or billing errors 
     arising from the inadvertent failure to properly and timely 
     file and maintain agreed upon rates, rules, or 
     classifications in compliance with section 13702 or, with 
     respect to transportation provided before the effective date 
     of this section, sections 10761 and 10762, as in effect on 
     the day before the effective date of this section. Resolution 
     of such claims among the parties shall not subject any party 
     to the penalties for departing from a tariff.

              ``CHAPTER 149--CIVIL AND CRIMINAL PENALTIES

Sec.
``14901. General civil penalties.
``14902. Civil penalty for accepting rebates from carrier.
``14903. Tariff violations.
``14904. Additional rate violations.
``14905. Penalties for violations of rules relating to loading and 
              unloading motor vehicles.
``14906. Evasion of regulation of carriers and brokers.
``14907. Recordkeeping and reporting violations.
``14908. Unlawful disclosure of information.
``14909. Disobedience to subpoenas.
``14910. General civil penalty when specific penalty not provided.
``14911. Punishment of corporation for violations committed by certain 
              individuals.
``14912. Weight-bumping in household goods transportation.
``14913. Conclusiveness of rates in certain prosecutions.
``14914. Civil penalty procedures.

     ``Sec. 14901. General civil penalties

       ``(a) Reporting and Recordkeeping.--A person required to 
     make a report to the Secretary or the 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 or transportation by a 
     foreign carrier registered under section 13902, or an 
     officer, agent, or employee of that person that--
       ``(1) does not make the report;
       ``(2) does not specifically, completely, and truthfully 
     answer the question;
       ``(3) does not make, prepare, or preserve the record in the 
     form and manner prescribed;
       ``(4) does not comply with section 13901; or
       ``(5) does not comply with section 13902(c);

     is liable to the United States for a civil penalty of not 
     less than $500 for each violation and for each additional day 
     the violation continues; except that, in the case of a person 
     who is not registered under this part to provide 
     transportation of passengers, or an officer, agent, or 
     employee of such person, that does not comply with section 
     13901 with respect to providing transportation of passengers, 
     the amount of the civil penalty shall not be less than $2,000 
     for each violation and for each additional day the violation 
     continues.
       ``(b) Transportation of Hazardous Wastes.--A person subject 
     to jurisdiction under subchapter I of chapter 135, or an 
     officer, agent, or employee of that person, and who is 
     required to comply with section 13901 of this title but does 
     not so comply with respect to the transportation of hazardous 
     wastes as defined by the Environmental Protection Agency 
     pursuant to section 3001 of the Solid Waste Disposal Act (but 
     not including any waste the regulation of which under the 
     Solid Waste Disposal Act has been suspended by Congress) 
     shall be liable to the United States for a civil penalty not 
     to exceed $20,000 for each violation.
       ``(c) Factors To Consider in Determining Amount.--In 
     determining and negotiating the amount of a civil penalty 
     under subsection (a) or (d) concerning transportation of 
     household goods, the degree of culpability, any history of 
     prior such conduct, the degree of harm to shipper or 
     shippers, ability to pay, the effect on ability to do 
     business, whether the shipper has been adequately compensated 
     before institution of the proceeding, and such other matters 
     as fairness may require shall be taken into account.
       ``(d) Protection of Household Goods Shippers.--If a carrier 
     providing transportation of household goods subject to 
     jurisdiction under subchapter I or III of chapter 135 or a 
     receiver or trustee of such carrier fails or refuses to 
     comply with any regulation issued by the Secretary or the 
     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) Violation Relating to Transportation of Household 
     Goods.--Any person that knowingly engages in or knowingly 
     authorizes an agent or other person--
       ``(1) to falsify documents used in the transportation of 
     household goods subject to jurisdiction under subchapter I or 
     III of chapter 135 which evidence the weight of a shipment; 
     or
       ``(2) to charge for accessorial services which are not 
     performed or for which the carrier is not entitled to be 
     compensated in any case in which such services are not 
     reasonably necessary in the safe and adequate movement of the 
     shipment;

     is liable to the United States for a civil penalty of not 
     less than $2,000 for each violation and of not less than 
     $5,000 for each subsequent violation. Any State may bring a 
     civil action in the United States district courts to compel a 
     person to pay a civil penalty assessed under this subsection.
       ``(f) Venue.--Trial in a civil action under subsections (a) 
     through (e) of this section is in the judicial district in 
     which--
       ``(1) the carrier or broker has its principal office;
       ``(2) the carrier or broker was authorized to provide 
     transportation or service under this part when the violation 
     occurred;
       ``(3) the violation occurred; or
       ``(4) the offender is found.

     Process in the action may be served in the judicial district 
     of which the offender is an inhabitant or in which the 
     offender may be found.
       ``(g) Business Entertainment Expenses.--
       ``(1) In general.--Any business entertainment expense 
     incurred by a water carrier providing transportation subject 
     to this part shall not constitute a violation of this part if 
     that expense would not be unlawful if incurred by a person 
     not subject to this part.
       ``(2) Cost of service.--Any business entertainment expense 
     subject to paragraph (1) that is paid or incurred by a water 
     carrier providing transportation subject to this part shall 
     not be taken into account in determining the cost of service 
     or the rate base for purposes of section 13702.
     
[[Page H15024]]


     ``Sec. 14902. Civil penalty for accepting rebates from 
       carrier

       ``A person--
       ``(1) delivering property to a carrier providing 
     transportation or service subject to jurisdiction under 
     chapter 135 for transportation under this part or for whom 
     that carrier will transport the property as consignor or 
     consignee for that person from a State or territory or 
     possession of the United States to another State or 
     possession, territory, or to a foreign country; and
       ``(2) knowingly accepting or receiving by any means a 
     rebate or offset against the rate for transportation for, or 
     service of, that property contained in a tariff required 
     under section 13702;

     is liable to the United States 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) Civil Penalty for Undercharging and Overcharging.--A 
     person that offers, grants, gives, solicits, accepts, or 
     receives by any means transportation or service provided for 
     property by a carrier subject to jurisdiction under chapter 
     135 at a rate different than the rate in effect under section 
     13702 is liable to the United States for civil penalty of not 
     more than $100,000 for each violation.
       ``(b) General Criminal Penalty.--A carrier providing 
     transportation or service subject to jurisdiction under 
     chapter 135 or an officer, director, receiver, trustee, 
     lessee, agent, or employee of a corporation that is subject 
     to jurisdiction under that chapter, that willfully does not 
     observe its tariffs as required under section 13702, shall be 
     fined under title 18 or imprisoned not more than 2 years, or 
     both.
       ``(c) Actions of Agents and Employees.--When acting in the 
     scope of their employment, the actions and omissions of 
     persons acting for or employed by a carrier or shipper that 
     is subject to this section are considered to be the actions 
     and omissions of that carrier or shipper as well as that 
     person.
       ``(d) Venue.--Trial in a criminal action under this section 
     is in the judicial district in which any part of the 
     violation is committed or through which the transportation is 
     conducted.

     ``Sec. 14904. Additional rate violations

       ``(a) Rebates by Agents.--A person, or an officer, 
     employee, or agent of that person, that--
       ``(1) offers, grants, gives, solicits, accepts, or receives 
     a rebate for concession, in violation of a provision of this 
     part related to motor carrier transportation subject to 
     jurisdiction under subchapter I of chapter 135; or
       (2) by any means 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,

     is liable to the United States for a civil penalty of $200 
     for the first violation and $250 for a subsequent violation.
       ``(b) Undercharging.--
       ``(1) Freight forwarder.--A freight forwarder providing 
     service subject to jurisdiction under subchapter III of 
     chapter 135, or an officer, agent, or employee of that 
     freight forwarder, that 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, is liable to the United States 
     for a civil penalty of not more than $500 for the first 
     violation and not more than $2,000 for a subsequent 
     violation.
       ``(2) Others.--A person that by any means gets, or attempts 
     to get, service provided under subchapter III of chapter 135 
     at less than the rate in effect for that service under 
     section 13702, is liable to the United States for a civil 
     penalty of not more than $500 for the first violation and not 
     more than $2,000 for a subsequent violation.

     ``Sec. 14905. Penalties for violations of rules relating to 
       loading and unloading motor vehicles

       ``(a) Civil Penalties.--Whoever knowingly authorizes, 
     consents to, or permits a violation of subsection (a) or (b) 
     of section 14103 or who knowingly violates subsection (a) of 
     such section is liable to the United States for a civil 
     penalty of not more than $10,000 for each violation.
       ``(b) Criminal Penalties.--Whoever knowingly violates 
     section 14103(b) of this title shall be fined under title 18 
     or imprisoned 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 tries to evade regulation provided 
     under this part for carriers or brokers is liable to the 
     United States for a civil penalty of $200 for the first 
     violation and at least $250 for a subsequent violation.

     ``Sec. 14907. Recordkeeping and reporting violations

       ``A person required to make a report to the Secretary or 
     the 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, or an officer, agent, or employee of that 
     person, that--
       ``(1) does not make that report;
       ``(2) does not specifically, completely, and truthfully 
     answer that question in 30 days from the date the Secretary 
     or Board, as applicable, requires the question to be 
     answered;
       ``(3) does not make, prepare, or preserve that record in 
     the form and manner prescribed;
       ``(4) falsifies, destroys, mutilates, or changes that 
     report or record;
       ``(5) files a false report or record;
       ``(6) makes a false or incomplete entry in that record 
     about a business related fact or transaction; or
       ``(7) makes, prepares, or preserves a record in violation 
     of an applicable regulation or order of the Secretary or 
     Board;

     is liable to the United States for a civil penalty of not 
     more than $5,000.

     ``Sec. 14908. Unlawful disclosure of information

       ``(a) Disclosure of Shipment and Routing Information.--
       ``(1) Violations.--A carrier or broker providing 
     transportation subject to jurisdiction under subchapter I, 
     II, or III of chapter 135 or an officer, receiver, trustee, 
     lessee, or employee of that carrier or broker, or another 
     person authorized by that carrier or broker to receive 
     information from that carrier or broker may not disclose to 
     another person, except the shipper or consignee, and a person 
     may not solicit, or 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) Penalty.--A person violating paragraph (1) of this 
     subsection is liable to the United States for a civil penalty 
     of not more than $2,000.
       ``(b) Limitation on Statutory Construction.--This part does 
     not prevent a carrier or broker providing transportation 
     subject to jurisdiction under chapter 135 from giving 
     information--
       ``(1) in response to legal process issued under authority 
     of a court of the United States or a State;
       ``(2) to an officer, employee, or agent of the United 
     States Government, a State, or a territory or possession of 
     the United States; or
       ``(3) to another carrier or its agent to adjust mutual 
     traffic accounts in the ordinary course of business.

     ``Sec. 14909. Disobedience to subpoenas

       ``Whoever does not obey a subpoena or requirement of the 
     Secretary or the Board to appear and testify or produce 
     records shall be fined under title 18 or imprisoned not more 
     than 1 year, or both.

     ``Sec. 14910. General civil penalty when specific penalty not 
       provided

       ``When another civil penalty is not provided under this 
     chapter, a person that violates a provision of this part or a 
     regulation or order prescribed under this part, or a 
     condition of a registration under this part related to 
     transportation that is subject to jurisdiction under 
     subchapter I or III of chapter 135 or a condition of a 
     registration of a foreign motor carrier or foreign motor 
     private carrier under section 13902, is liable to the United 
     States for a civil penalty of $500 for each violation. A 
     separate violation occurs each day the violation continues.

     ``Sec. 14911. Punishment of corporation for violations 
       committed by certain individuals

       ``An act or omission that would be a violation of this part 
     if committed by a director, officer, receiver, trustee, 
     lessee, agent, or employee of a carrier providing 
     transportation or service subject to jurisdiction under 
     chapter 135 that is a corporation is also a violation of this 
     part by that corporation. The penalties of this chapter apply 
     to that violation. When acting in the scope of their 
     employment, the actions and omissions of individuals acting 
     for or employed by that carrier are considered to be the 
     actions and omissions of that carrier as well as that 
     individual.

     ``Sec. 14912. Weight-bumping in household goods 
       transportation

       ``(a) Weight-Bumping Defined.--For the purposes of this 
     section, `weight-bumping' means the knowing and willful 
     making or securing of a fraudulent weight on a shipment of 
     household goods which is subject to jurisdiction under 
     subchapter I or III of chapter 135.
       ``(b) Penalty.--Whoever has been found to have committed 
     weight-bumping shall be fined under title 18 or imprisoned 
     not more than 2 years, or both.

     ``Sec. 14913. Conclusiveness of rates in certain prosecutions

       ``When a carrier publishes or files a particular rate under 
     section 13702 or participates in such a rate, the published 
     or filed rate is conclusive proof against that carrier, its 
     officers, and agents that it is the legal rate for that 
     transportation or service in a proceeding begun under section 
     14902 or 14903. A departure, or offer to depart, from that 
     published or filed rate is a violation of those sections.

     ``Sec. 14914. Civil penalty procedures

       ``(a) In General.--After notice and an opportunity for a 
     hearing, a person found by the Surface Transportation Board 
     to have violated a provision of law that the Board carries 
     out or a regulation prescribed under that law by the Board 
     that is related to transportation which occurs under 
     subchapter II of chapter 135 for which a civil penalty is 
     provided, is liable to the United States for the civil 
     penalty provided. The amount of the civil penalty shall be 
     assessed by the Board by written notice. In determining the 
     amount of the penalty, the Board shall consider the nature, 
     circumstances, extent, and gravity of the prohibited acts 
     committed and, with respect to the violator, the degree of 
     culpability, any history of prior offenses, ability to pay, 
     and other matters that justice requires.
     
[[Page H15025]]

       ``(b) Compromise.--The Board may compromise, modify, or 
     remit, with or without consideration, a civil penalty until 
     the assessment is referred to the Attorney General.
       ``(c) Collection.--If a person fails to pay an assessment 
     of a civil penalty after it has become final, the Board may 
     refer the matter to the Attorney General for collection in an 
     appropriate district court of the United States.
       ``(d) Refunds.--The Board may refund or remit a civil 
     penalty collected under this section if--
       ``(1) application has been made for refund or remission of 
     the penalty within 1 year from the date of payment; and
       ``(2) the Board finds that the penalty was unlawfully, 
     improperly, or excessively imposed.''.

     SEC. 104. MISCELLANEOUS MOTOR CARRIER PROVISIONS.

       (a) Grants to States.--Section 31102(b)(1) of title 49, 
     United States Code, is amended--
       (1) by striking ``and'' at the end of subparagraph (O);
       (2) by striking the period at the end of subparagraph (P) 
     and inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following:
       ``(Q) ensures that the State will cooperate in the 
     enforcement of registration and financial responsibility 
     requirements under sections 31140 and 31146, or regulations 
     issued thereunder.''
       (b) Transport Vehicles for Off-Road, Competition 
     Vehicles.--Section 31111(b)(1) of such title 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 in lieu thereof 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.''.
       (c) Multiple Insurers.--Section 31138(c) of such title is 
     amended by adding at the end 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.''.
       (d) Minimum Financial Responsibility Requirements With 
     Respect to Certain Transportation Service.--Section 31138(e) 
     is amended--
       (1) by striking ``or'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting in lieu thereof ``; or''; and
       (3) by adding at the end the following:
       ``(4) providing 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; except 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.''.
       (e) Transporters of Property.--Section 31139(e) of such 
     title is amended by adding at the end 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.''.
       (f) Commercial Motor Vehicle Defined.--Section 31132(1) of 
     such title is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by striking subparagraph (B) and inserting in lieu 
     thereof the following:
       ``(B) is designed or used to transport passengers for 
     compensation, but excluding vehicles providing taxicab 
     service and having a capacity of not more than 6 passengers 
     and not operated on a regular route or between specified 
     places;
       ``(C) is designed or used to transport more than 15 
     passengers, including the driver, and is not used to 
     transport passengers for compensation; or''.
       (g) Safety Fitness of Owners and Operators.--Section 31144 
     of such title is amended--
       (1) the first sentence of subsection (a) by striking ``In 
     cooperation with the Interstate Commerce Commission, the'' 
     and inserting in lieu thereof ``The'';
       (2) in such sentence by striking ``sections 10922 and 
     10923'' and inserting in lieu thereof ``section 13902'';
       (3) in subsection (a)(1)(C) by striking ``and the 
     Commission''; and
       (4) by striking subsection (b) and inserting in lieu 
     thereof the following:
       ``(b) Findings and Action on Registrations.--The Secretary 
     shall find that a person seeking to register as a motor 
     carrier is unfit if such person does not meet the safety 
     fitness requirements established under subsection (a) and 
     shall not register such person.''.
       (h) 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. 105. CREDITABILITY OF ANNUAL LEAVE FOR PURPOSES OF 
                   MEETING MINIMUM ELIGIBILITY REQUIREMENTS FOR AN 
                   IMMEDIATE ANNUITY.

       (a) In General.--An employee of the Interstate Commerce 
     Commission who is separated from Government service pursuant 
     to the abolition of that agency under section 101 shall, upon 
     appropriate written application, be given credit, for 
     purposes of determining eligibility for and computing the 
     amount of any annuity under subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code, for accrued annual 
     leave standing to such employee's credit at the time of 
     separation.
       (b) Limitation and Other Conditions.--Any regulations 
     necessary to carry out this section shall be prescribed by 
     the Office of Personnel Management. Such regulations shall 
     include provisions--
       (1) defining the types of leave for which credit may be 
     given under this section (such definition to be similar to 
     the corresponding provisions of the regulations under section 
     351.608(c)(2) of title 5 of the Code of Federal Regulations, 
     as in effect on the date of the enactment of this Act);
       (2) limiting the amount of accrued annual leave which may 
     be used for the purposes specified in subsection (a) to the 
     minimum period of time necessary in order to permit such 
     employee to attain first eligibility for an immediate annuity 
     under section 8336, 8412, or 8414 of title 5, United States 
     Code (in a manner similar to the corresponding provisions of 
     the regulations referred to in paragraph (1));
       (3) under which contributions (or arrangements for the 
     making of contributions) shall be made so that--
       (A) employee contributions for any period of leave for 
     which retirement credit may be obtained under this section 
     shall be made by the employee; and
       (B) Government contributions with respect to such period 
     shall similarly be made by the Interstate Commerce Commission 
     or other appropriate officer or entity (out of appropriations 
     otherwise available for such contributions); and
       (4) under which subsection (a) shall not apply with respect 
     to an employee who declines a reasonable offer of employment 
     in another position in the Department of Transportation made 
     under this Act or any amendment made by this Act.
       (c) Extinguishment of Eligibility for Lump-Sum Payment.--A 
     lump-sum payment under section 5551 of title 5, United States 
     Code, shall not be payable with respect to any leave for 
     which retirement credit is obtained under this section.

     SEC. 106. PIPELINE CARRIER PROVISIONS.

       (a) Amendment to Title 49.--Subtitle IV of title 49, United 
     States Code, is further amended by adding at the end the 
     following:

                      ``PART C--PIPELINE CARRIERS

                   ``CHAPTER 151--GENERAL PROVISIONS

                   ``CHAPTER 151--GENERAL PROVISIONS

``Sec.
``15101. Transportation policy.
``15102. Definitions.
``15103. Remedies as cumulative.

     ``Sec. 15101. Transportation policy

       ``(a) In General.--To ensure the development, coordination, 
     and preservation of a transportation system that meets the 
     transportation needs of the United States, including the 
     national defense, it is the policy of the United States 
     Government to oversee of the modes of transportation and in 
     overseeing those modes--
       ``(1) to recognize and preserve the inherent advantage of 
     each mode of transportation;
       ``(2) to promote safe, adequate, economical, and efficient 
     transportation;
       ``(3) to encourage sound economic conditions in 
     transportation, including sound economic conditions among 
     carriers;
       ``(4) to encourage the establishment and maintenance of 
     reasonable rates for transportation without unreasonable 
     discrimination or unfair or destructive competitive 
     practices;
       ``(5) to cooperate with each State and the officials of 
     each State on transportation matters; and
       ``(6) to encourage fair wages and working conditions in the 
     transportation industry.
       ``(b) Administration to Carry Out Policy.--This part shall 
     be administered and enforced to carry out the policy of this 
     section.

     ``Sec. 15102. Definitions

       ``In this part--
       ``(1) Board.--The term `Board' means the Surface 
     Transportation Board.
       ``(2) Pipeline carrier.--The term `pipeline carrier' means 
     a person providing pipeline transportation for compensation.
       ``(3) Rate.--The term `rate' means a rate or charge for 
     transportation.
       ``(4) State.--The term `State' means a State of the United 
     States and the District of Columbia.
       ``(5) Transportation.--The term `transportation' includes--
       ``(A) property, facilities, instrumentalities, or equipment 
     of any kind related to the movement of property, regardless 
     of ownership or an agreement concerning use; and
       ``(B) services related to that movement, including receipt, 
     delivery, transfer in transit, storage, handling, and 
     interchange of property.
       ``(6) United states.--The term `United States' means the 
     States of the United States and the District of Columbia.

     ``Sec. 15103. Remedies as cumulative

       ``Except as otherwise provided in this part, the remedies 
     provided under this part are in addition to remedies existing 
     under another law or common law.

                      ``CHAPTER 153--JURISDICTION

                      ``CHAPTER 153--JURISDICTION

``Sec.
``15301. General pipeline jurisdiction.
``15302. Authority to exempt pipeline carrier transportation.

[[Page H15026]]


     ``Sec. 15301. General pipeline jurisdiction

       ``(a) In General.--The Board has jurisdiction over 
     transportation by pipeline, or by pipeline and railroad or 
     water, when transporting a commodity other than water, gas, 
     or oil. Jurisdiction under this subsection applies only to 
     transportation in the United States between a place in--
       ``(1) a State and a place in another State;
       ``(2) the District of Columbia and another place in the 
     District of Columbia;
       ``(3) a State and a place in a territory or possession of 
     the United States;
       ``(4) a territory or possession of the United States and a 
     place in another such territory or possession;
       ``(5) a territory or possession of the United States and 
     another place in the same territory or possession;
       ``(6) the United States and another place in the United 
     States through a foreign country; or
       ``(7) the United States and a place in a foreign country.
       ``(b) No Jurisdiction Over Intrastate Transportation.--The 
     Board does not have jurisdiction under subsection (a) over 
     the transportation of property, or the receipt, delivery, 
     storage, or handling of property, entirely in a State (other 
     than the District of Columbia) and not transported between a 
     place in the United States and a place in a foreign country 
     except as otherwise provided in this part.
       ``(c) Protection of States Powers.--This part does not 
     affect the power of a State, in exercising its police power, 
     to require reasonable intrastate transportation by carriers 
     providing transportation subject to the jurisdiction of the 
     Board under this chapter unless the State requirement is 
     inconsistent with an order of the Board issued under this 
     part or is prohibited under this part.

     ``Sec. 15302. Authority to exempt pipeline carrier 
       transportation

       ``(a) In General--In a matter related to a pipeline carrier 
     providing transportation subject to jurisdiction under this 
     chapter, the Board shall exempt a person, class of persons, 
     or a transaction or service when the Board finds that the 
     application, in whole or in part, of a provision of this 
     part--
       ``(1) is not necessary to carry out the transportation 
     policy of section 15101; and
       ``(2) either (A) the transaction or service is of limited 
     scope, or (B) the application, in whole or in part, of the 
     provision is not needed to protect shippers from the abuse of 
     market power.
       ``(b) Initiation of Proceeding.--The Board may, where 
     appropriate, begin a proceeding under this section on its own 
     initiative or an interested party.
       ``(c) Period of Exemption.--The Board may specify the 
     period of time during which an exemption granted under this 
     section is effective.
       ``(d) Revocation.--The Board may revoke an exemption, to 
     the extent it specifies, when it finds that application, in 
     whole or in part, of a provision of this part to the person, 
     class, or transportation is necessary to carry out the 
     transportation policy of section 15101.

                          ``CHAPTER 155--RATES

``Sec.
``15501. Standards for pipeline rates, classifications, through routes, 
              rules, and practices.
``15502. Authority for pipeline carriers to establish rates, 
              classifications, rules, and practices.
``15503. Authority and criteria: rates, classifications, rules, and 
              practices prescribed by Board.
``15504. Government traffic.
``15505. Prohibition against discrimination by pipeline carriers.
``15506. Facilities for interchange of traffic.

     ``Sec. 15501. Standards for pipeline rates, classifications, 
       through routes, rules, and practices

       ``(a) Reasonableness.--A rate, classification, rule, or 
     practice related to transportation or service provided by a 
     pipeline carrier subject to this part must be reasonable. A 
     through route established by such a carrier must be 
     reasonable.
       ``(b) Nondiscrimination.--A pipeline carrier providing 
     transportation subject to this part may not discriminate in 
     its rates against a connecting line of any other pipeline, 
     rail, or water carrier providing transportation subject to 
     this subtitle or unreasonably discriminate against that line 
     in the distribution of traffic that is not routed 
     specifically by the shipper.

     ``Sec. 15502. Authority for pipeline carriers to establish 
       rates, classifications, rules, and practices

       ``A pipeline carrier providing transportation or service 
     subject to this part shall establish--
       ``(1) rates and classifications for transportation and 
     service it may provide under this part; and
       ``(2) rules and practices on matters related to that 
     transportation or service.

     ``Sec. 15503. Authority and criteria: rates, classifications, 
       rules, and practices prescribed by Board

       ``(a) In General.--When the Board, after a full hearing, 
     decides that a rate charged or collected by a pipeline 
     carrier for transportation subject to this part, or that a 
     classification, rule, or practice of that carrier, does or 
     will violate this part, the Board may prescribe the rate, 
     classification, rule, or practice to be followed. In 
     prescribing the rate, classification, rule, or practice, the 
     Board may utilize rate reasonableness procedures that provide 
     an effective simulation of a market-based price for a stand 
     alone pipeline. The Board may order the carrier to stop the 
     violation. When a rate, classification, rule, or practice is 
     prescribed under this subsection, the affected carrier may 
     not publish, charge, or collect a different rate and shall 
     adopt the classification and observe the rule or practice 
     prescribed by the Board.
       ``(b) Factors To Consider.--When prescribing a rate, 
     classification, rule, or practice for transportation or 
     service by a pipeline carrier, the Board shall consider, 
     among other factors--
       ``(1) the effect of the prescribed rate, classification, 
     rule, or practice on the movement of traffic by that carrier;
       ``(2) the need for revenues that are sufficient, under 
     honest, economical, and efficient management, to let the 
     carrier provide that transportation or service; and
       ``(3) the availability of other economic transportation 
     alternatives.
       ``(c) Proceeding.--The Board may begin a proceeding under 
     this section on complaint. A complaint under of this section 
     must contain a full statement of the facts and the reasons 
     for the complaint and must be made under oath.

     ``Sec. 15504. Government traffic

       ``A pipeline carrier providing transportation or service 
     for the United States Government may transport property for 
     the United States Government without charge or at a rate 
     reduced from the applicable commercial rate. Section 3709 of 
     the Revised Statutes (41 U.S.C. 5) does not apply when 
     transportation for the United States Government can be 
     obtained from a carrier lawfully operating in the area where 
     the transportation would be provided.

     ``Sec. 15505. Prohibition against discrimination by pipeline 
       carriers

       A pipeline carrier providing transportation or service 
     subject to this part may not subject a person, place, port, 
     or type of traffic to unreasonable discrimination.

     ``Sec. 15506. Facilities for interchange of traffic

       ``A pipeline carrier providing transportation subject to 
     this part shall provide reasonable, proper, and equal 
     facilities that are within its power to provide for the 
     interchange of traffic between, and for the receiving, 
     forwarding, and delivering of property to and from, its 
     respective line and a connecting line of a pipeline, rail, or 
     water carrier under this subtitle.

                 ``CHAPTER 157--OPERATIONS OF CARRIERS

                 ``CHAPTER 157--OPERATIONS OF CARRIERS

                  ``Subchapter A--General Requirements

``15701. Providing transportation and service.

                 ``Subchapter B--Operations of Carriers

``15721. Definitions.
``15722. Records: form; inspection; preservation.
``15723. Reports by carriers, lessors, and associations.

                  ``Subchapter A--General Requirements

     ``Sec. 15701. Providing transportation and service

       ``(a) Service on Reasonable Request.--A pipeline carrier 
     providing transportation or service under this part shall 
     provide the transportation or service on reasonable request.
       ``(b) Rates and Other Terms.--A pipeline carrier shall also 
     provide to any person, on request, the carrier's rates and 
     other service terms. The response by a pipeline carrier to a 
     request for the carrier's rates and other service terms shall 
     be--
       ``(1) in writing and forwarded to the requesting person 
     promptly after receipt of the request; or
       ``(2) promptly made available in electronic form.
       ``(c) Limitation on Rate Increases and Changes to Service 
     Terms.--A pipeline carrier may not increase any common 
     carrier rates or change any common carrier service terms 
     unless 20 days have expired after written or electronic 
     notice is provided to any person who, within the previous 12 
     months--
       ``(1) has requested such rates or terms under subsection 
     (b); or
       ``(2) has made arrangements with the carrier for a shipment 
     that would be subject to such increased rates or changed 
     terms.
       ``(d) Provision of Service.--A pipeline carrier shall 
     provide transportation or service in accordance with the 
     rates and service terms, and any changes thereto, as 
     published or otherwise made available under subsection (b) or 
     (c).
       ``(e) Regulations.--The Board shall, by regulation, 
     establish rules to implement this section. The regulations 
     shall provide for immediate disclosure and dissemination of 
     rates and service terms, including classifications, rules, 
     and practices, and their effective dates. The regulations may 
     modify the 20-day period specified in subsection (c). Final 
     regulations shall be adopted by the Board not later than 180 
     days after the effective date of this section.

                 ``Subchapter B--Operations of Carriers

     ``Sec. 15721. Definitions

       ``In this subchapter, the following definitions apply:
       ``(1) Carrier, lessor.--The terms `carrier' and ``lessor'' 
     include a receiver or trustee of a pipeline carrier and 
     lessor, respectively.
       ``(2) Lessor.--The term `lessor' means a person owning a 
     pipeline that is leased to and operated by a carrier 
     providing transportation under this part.
       ``(3) Association.--The term `association' means an 
     organization maintained by or in the interest of a group of 
     pipeline carriers that performs a service, or engages in 
     activities, related to transportation under this part.

     ``Sec. 15722. Records: form; inspection; preservation

       ``(a) Form of Records.--The Board may prescribe the form of 
     records required to be prepared or compiled under this 
     subchapter by pipeline carriers and lessors, including 
     records related to movement of traffic and receipts and 
     expenditures of money.
     
[[Page H15027]]

       ``(b) Inspection.--The Board, or an employee designated by 
     the Board, may on demand and display of proper credentials--
       ``(1) inspect and examine the lands, buildings, and 
     equipment of a pipeline carrier or lessor; and
       ``(2) inspect and copy any record of--
       ``(A) a pipeline carrier, lessor, or association; and
       ``(B) a person controlling, controlled by, or under common 
     control with a pipeline carrier if the Board considers 
     inspection relevant to that person's relation to, or 
     transaction with, that carrier.
       ``(c) Preservation Period.--The Board may prescribe the 
     time period during which operating, accounting, and financial 
     records must be preserved by pipeline carriers and lessors.

     ``Sec. 15723. Reports by carriers, lessors, and associations

       ``(a) Filing of Reports.--The Board may require pipeline 
     carriers, lessors, and associations, or classes of them as 
     the Board may prescribe, to file annual, periodic, and 
     special reports with the Board containing answers to 
     questions asked by it.
       ``(b) Under Oath.--Any report under this section shall be 
     made under oath.

    ``CHAPTER 159--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

    ``CHAPTER 159--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

``Sec.
``15901. General authority.
``15902. Enforcement by the Board.
``15903. Enforcement by the Attorney General.
``15904. Rights and remedies of persons injured by certain carriers.
``15905. Limitation on actions by and against pipeline carriers.
``15906. Liability of pipeline carriers under receipts and bills of 
              lading.
``15907. Liability when property is delivered in violation of routing 
              instructions.

     ``Sec. 15901. General authority

       ``(a) Investigation; Compliance Order.--Except as otherwise 
     provided in this part, the Board may begin an investigation 
     under this part only on complaint. If the Board finds that a 
     pipeline carrier is violating this part, the Board shall take 
     appropriate action to compel compliance with this part. The 
     Board shall provide the carrier notice of the investigation 
     and an opportunity for a proceeding.
       ``(b) Complaint.--A person, including a governmental 
     authority, may file with the Board, a complaint about a 
     violation of this part by a pipeline carrier providing 
     transportation or service subject to this part. The complaint 
     must state the facts that are the subject of the violation. 
     The Board may dismiss a complaint it determines does not 
     state reasonable grounds for investigation and action. 
     However, the Board may not dismiss a complaint made against a 
     pipeline carrier providing transportation subject to this 
     part because of the absence of direct damage to the 
     complainant.
       ``(c) Automatic Dismissal.--A formal investigative 
     proceeding begun by the Board under subsection (a) is 
     dismissed automatically unless it is concluded by the Board 
     with administrative finality by the end of the 3d year after 
     the date on which it was begun.

     ``Sec. 15902. Enforcement by the Board

       ``The Board may bring a civil action to enforce an order of 
     the Board, except a civil action to enforce an order for the 
     payment of money, when it is violated by a pipeline carrier 
     providing transportation subject to this part.

     ``Sec. 15903. Enforcement by the Attorney General

       ``(a) On Behalf of Board.--The Attorney General may, and on 
     request of the Board shall, bring court proceedings to 
     enforce this part or a regulation or order of the Board and 
     to prosecute a person violating this part or a regulation or 
     order of the Board issued under this part.
       ``(b) On Behalf of Others.--The United States Government 
     may bring a civil action on behalf of a person to compel a 
     pipeline carrier providing transportation or service subject 
     to this part to provide that transportation or service to 
     that person in compliance with this part at the same rate 
     charged, or on conditions as favorable as those given by the 
     carrier, for like traffic under similar conditions to another 
     person.

     ``Sec. 15904. Rights and remedies of persons injured by 
       pipeline carriers

       ``(a) Enforcement of Orders.--A person injured because a 
     pipeline carrier providing transportation or service subject 
     to this part does not obey an order of the Board, except an 
     order for the payment of money, may bring a civil action to 
     enforce that order under this subsection.
       ``(b) Liability of Carrier.--
       ``(1) Excessive charges.--A pipeline carrier providing 
     transportation subject to this part is liable to a person for 
     amounts charged that exceed the applicable rate for the 
     transportation.
       ``(2) Damages.--A pipeline carrier providing transportation 
     subject to this part is liable for damages sustained by a 
     person as a result of an act or omission of that carrier in 
     violation of this part.
       ``(c) Complaints.--
       ``(1) Filing.--A person may file a complaint with the Board 
     under section 11501(b) or bring a civil action under 
     subsection (b) to enforce liability against a pipeline 
     carrier providing transportation subject to this part.
       ``(2) Payment deadline.--When the Board makes an award 
     under subsection (b), the Board shall order the carrier to 
     pay the amount awarded by a specific date. The Board may 
     order a carrier providing transportation subject to this part 
     to pay damages only when the proceeding is on complaint. The 
     person for whose benefit an order of the Board requiring the 
     payment of money is made may bring a civil action to enforce 
     that order under this paragraph if the carrier does not pay 
     the amount awarded by the date payment was ordered to be 
     made.
       ``(d) Civil Actions.--
       ``(1) Complaint.--When a person begins a civil action under 
     subsection (b) to enforce an order of the Board requiring the 
     payment of damages by a pipeline carrier providing 
     transportation subject to this part, the text of the order of 
     the Board 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 Board 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 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) Attorney's fees.--The district court shall award a 
     reasonable attorney's fee as a part of the damages for which 
     a carrier is found liable under this subsection. The district 
     court shall tax and collect that fee as a part of the costs 
     of the action.

     ``Sec. 15905. Limitation on actions by and against pipeline 
       carriers

       ``(a) In general.--A pipeline carrier providing 
     transportation or service subject to this part must begin a 
     civil action to recover charges for transportation or service 
     provided by the carrier within 3 years after the claim 
     accrues.
       ``(b) Overcharges.--A person must begin a civil action to 
     recover overcharges under section 15904(b)(1) within 3 years 
     after the claim accrues. If an election to file a complaint 
     with the Board is made under section 15904(c)(1), the 
     complaint must be filed within 3 years after the claim 
     accrues.
       ``(c) Damages.--A person must file a complaint with the 
     Board to recover damages under section 15904(b)(2) within 2 
     years after the claim accrues.
       ``(d) Extensions.--The limitation periods under subsection 
     (b) 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) and the 2-year period 
     under subsection (c) are extended for 90 days from the time 
     the carrier begins a civil action under subsection (a) to 
     recover charges related to the same transportation or 
     service, or collects (without beginning a civil action under 
     that subsection) the charge for that transportation or 
     service if that action is begun or collection is made within 
     the appropriate period.
       ``(e) Payment.--A person must begin a civil action to 
     enforce an order of the Board against a carrier for the 
     payment of money within one year after the date the order 
     required the money to be paid.
       ``(f) Government Transportation.--This section applies to 
     transportation for the United States Government. The time 
     limitations under this section are extended, as related to 
     transportation for or on behalf of the United States 
     Government, for 3 years from the 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) Accrual Date.--A claim related to a shipment of 
     property accrues under this section on delivery or tender of 
     delivery by the carrier.

     ``Sec. 15906. Liability of pipeline carriers under receipts 
       and bills of lading

       ``(a) General Liability.--A pipeline carrier providing 
     transportation or service subject to this part 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 this 
     part are liable to the person entitled to recover under the 
     receipt or bill of lading. The liability imposed under this 
     subsection is for the actual loss or injury to the property 
     caused by the carrier over whose line or route the property 
     is transported in the United States or from a place in the 
     United States to a place in an adjacent foreign country when 
     transported under a through bill of lading. Failure to issue 
     a receipt or bill of lading does not affect the liability of 
     a carrier.
       ``(b) Apportionment.--The carrier issuing the receipt or 
     bill of lading under subsection (a) 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) Civil Actions.--A civil action under this section may 
     be brought against a delivering 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 a line or 
     route.
       ``(d) Minimum Period for Filing Claims.--A pipeline 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 

[[Page H15028]]
     computed from the date the carrier gives a person written notice that 
     the carrier has disallowed any part of the claim specified in 
     the notice. For the purposes of this subsection--
       ``(1) an offer of compromise shall not constitute a 
     disallowance of any part of the claim unless the carrier, in 
     writing, informs the claimant that such part of the claim is 
     disallowed and provides reasons for such disallowance; and
       ``(2) communications received from a carrier's insurer 
     shall not constitute a disallowance of any part of the claim 
     unless the insurer, in writing, informs the claimant that 
     such part of the claim is disallowed, provides reasons for 
     such disallowance, and informs the claimant that the insurer 
     is acting on behalf of the carrier.

              ``CHAPTER 161--CIVIL AND CRIMINAL PENALTIES

              ``CHAPTER 161--CIVIL AND CRIMINAL PENALTIES

``Sec.
``16101. General civil penalties.
``16102. Recordkeeping and reporting violations.
``16103. Unlawful disclosure of information.
``16104. Disobedience to subpenas.
``16105. General criminal penalty when specific penalty not provided.
``16106. Punishment of corporation for violations committed by certain 
              individuals.

     ``Sec. 16101. General civil penalties

       ``(a) General.--Except as otherwise provided in this 
     section, a pipeline carrier providing transportation subject 
     to this part, an officer or agent of that carrier, or a 
     receiver, trustee, lessee, or agent of one of them, knowingly 
     violating this part or an order of the Board under this part 
     is liable to the United States for a civil penalty of not 
     more than $5,000 for each violation. Liability under this 
     subsection is incurred for each distinct violation. A 
     separate violation occurs for each day the violation 
     continues.
       ``(b) Recordkeeping and Reporting.--
       ``(1) Records.--A person required under chapter 157 to 
     make, prepare, preserve, or submit to the Board a record 
     concerning transportation subject to this part that does not 
     make, prepare, preserve, or submit that record as required 
     under that chapter, is liable to the United States for a 
     civil penalty of $500 for each violation.
       ``(2) Inspection.--A carrier providing transportation 
     subject to this part, and a lessor, receiver, or trustee of 
     that carrier, violating section 15722, is liable to the 
     United States for a civil penalty of $100 for each violation.
       ``(3) Reports.--A carrier providing transportation subject 
     to the jurisdiction of the Board under this part, a lessor, 
     receiver, or trustee of that carrier, and an officer, agent, 
     or employee of one of them, required to make a report to the 
     Board or answer a question that does not make the report or 
     does not specifically, completely, and truthfully answer the 
     question, is liable to the United States for a civil penalty 
     of $100 for each violation.
       ``(4) Continued violation.--A separate violation occurs for 
     each day violation under this subsection continues.
       ``(d) Venue.--Trial in a civil action under this section is 
     in the judicial district in which the carrier has its 
     principal operating office.

     ``Sec. 16102. Recordkeeping and reporting violations

       ``A person required to make a report to the Board, or make, 
     prepare, or preserve a record, under chapter 157 about 
     transportation subject to this part that knowingly and 
     willfully--
       ``(1) makes a false entry in the report or record,
       ``(2) destroys, mutilates, changes, or by another means 
     falsifies the record,
       ``(3) does not enter business related facts and 
     transactions in the record,
       ``(4) makes, prepares, or preserves the record in violation 
     of a regulation or order of the Board, or
       ``(5) files a false report or record with the Board,

     shall be fined under title 18 or imprisoned not more than 2 
     years, or both.

     ``Sec. 16103. Unlawful disclosure of information

       ``(a) General Prohibition.--A pipeline carrier providing 
     transportation subject to this part, or an officer, agent, or 
     employee of that carrier, or another person authorized to 
     receive information from that carrier, that knowingly 
     discloses to another person, except the shipper or consignee, 
     or a person who solicits or knowingly receives information 
     about the nature, kind, quantity, destination, consignee, or 
     routing of property tendered or delivered to that carrier 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, is liable to the United States for a 
     civil penalty of not more than $1,000.
       ``(b) Limitation on Statutory Construction.--This part does 
     not prevent a pipeline carrier providing transportation under 
     this part from giving information--
       ``(1) in response to legal process issued under authority 
     of a court of the United States or a State;
       ``(2) to an officer, employee, or agent of the United 
     States Government, a State, or a territory or possession of 
     the United States; or
       ``(3) to another carrier or its agent to adjust mutual 
     traffic accounts in the ordinary course of business.
       ``(c) Board Employee.--An employee of the Board delegated 
     to make an inspection or examination under section 15722 who 
     knowingly discloses information acquired during that 
     inspection or examination, except as directed by the Board, a 
     court, or a judge of that court, shall be fined under title 
     18 or imprisoned for not more than 6 months, or both.

     ``Sec. 16104. Disobedience to subpenas

       ``Whoever does not obey a subpena or requirement of the 
     Board to appear and testify or produce records shall be fined 
     under title 18 or imprisoned not more than 1 year, or both.

     ``Sec. 16105. General criminal penalty when specific penalty 
       not provided

       ``When another criminal penalty is not provided under this 
     chapter, a pipeline carrier providing transportation subject 
     to this part, and when that carrier is a corporation, a 
     director or officer of the corporation, or a receiver, 
     trustee, lessee, or person acting for or employed by the 
     corporation that, alone or with another person, willfully 
     violates this part or an order prescribed under this part, 
     shall be fined under title 18 or imprisoned not more than 2 
     years, or both. A separate violation occurs each day a 
     violation of this part continues.

     ``Sec. 16106. Punishment of corporation for violations 
       committed by certain individuals

       ``An act or omission that would be a violation of this 
     subtitle if committed by a director, officer, receiver, 
     trustee, lessee, agent, or employee of a pipeline carrier 
     providing transportation or service subject to this part that 
     is a corporation is also a violation of this part by that 
     corporation. The penalties of this chapter apply to that 
     violation. When acting in the scope of their employment, the 
     actions and omissions of individuals acting for or employed 
     by that carrier are considered to be the actions and 
     omissions of that carrier as well as that individual.''.
       (b) GAO Report.--Within 3 years after the effective date of 
     this Act, the Comptroller General shall transmit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report regarding the impact 
     of regulations under part C of title 49, United States Code, 
     on the competitiveness of pipelines and recommend whether to 
     continue, revise, or sunset such regulations. Congress shall 
     take into account the findings of this report when 
     considering the Board's reauthorization.
                 TITLE II--SURFACE TRANSPORTATION BOARD

     SEC. 201. TITLE 49 AMENDMENT.

       (a) Amendment.--Subtitle I of title 49, United States Code, 
     is amended by adding at the end the following new chapter:

               ``CHAPTER 7--SURFACE TRANSPORTATION BOARD

                     ``SUBCHAPTER I--ESTABLISHMENT

``Sec.
``701. Establishment of Board.
``702. Functions.
``703. Administrative provisions.
``704. Annual report.
``705. Authorization of appropriations.
``706. Reporting official action.

                    ``SUBCHAPTER II--ADMINISTRATIVE

``721. Powers.
``722. Board action.
``723. Service of notice in Board proceedings.
``724. Service of process in court proceedings.
``725. Administrative support.
``726. Railroad-Shipper Transportation Advisory Council.
``727. Definitions.

                     ``SUBCHAPTER I--ESTABLISHMENT

     ``Sec. 701. Establishment of Board

       ``(a) Establishment.--There is hereby established within 
     the Department of Transportation the Surface Transportation 
     Board.
       ``(b) Membership.--(1) The Board shall consist of 3 
     members, to be appointed by the President, by and with the 
     advice and consent of the Senate. Not more than 2 members may 
     be appointed from the same political party.
       ``(2) At any given time, at least 2 members of the Board 
     shall be individuals with professional standing and 
     demonstrated knowledge in the fields of transportation or 
     transportation regulation, and at least one member shall be 
     an individual with professional or business experience 
     (including agriculture) in the private sector.
       ``(3) The term of each member of the 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 one year. The President may remove a 
     member for inefficiency, neglect of duty, or malfeasance in 
     office.
       ``(4) On the effective date of this section, the members of 
     the Interstate Commerce Commission serving unexpired terms on 
     the date of the enactment of the ICC Termination Act of 1995 
     shall become members of the 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. 
     Any member of the Interstate Commerce Commission whose term 
     expires on December 31, 1995, shall become a member of the 
     Board, subject to paragraph (3).
       ``(5) No individual may serve as a member of the Board for 
     more than 2 terms. In the case of an individual who becomes a 
     member of the Board pursuant to paragraph (4), or an 
     individual appointed to fill a vacancy occurring before the 
     expiration of the term for which the predecessor of that 
     individual was appointed, such individual may not be 
     appointed for more than one additional term.
       ``(6) A member of the 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 

[[Page H15029]]
     engage in another business, vocation, or employment.
       ``(7) A vacancy in the membership of the Board does not 
     impair the right of the remaining members to exercise all of 
     the powers of the Board. The 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 
     Board a Chairman, who shall be designated by the President 
     from among the members of the Board. 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 Board the Chairman shall be 
     responsible for administering the Board. The Chairman may 
     delegate the powers granted under this paragraph to an 
     officer, employee, or office of the 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 Board, including attorneys 
     to provide legal aid and service to the Board and its 
     members, and to represent the Board in any case in court;
       ``(B) appoint the heads of offices with the approval of the 
     Board;
       ``(C) distribute Board business among officers and 
     employees and offices of the Board;
       ``(D) prepare requests for appropriations for the Board and 
     submit those requests to the President and Congress with the 
     prior approval of the Board; and
       ``(E) supervise the expenditure of funds allocated by the 
     Board for major programs and purposes.

     ``Sec. 702. Functions

       ``Except as otherwise provided in the ICC Termination Act 
     of 1995, or the amendments made thereby, the Board shall 
     perform all functions that, immediately before the effective 
     date of such Act, were functions of the Interstate Commerce 
     Commission or were performed by any officer or employee of 
     the Interstate Commerce Commission in the capacity as such 
     officer or employee.

     ``Sec. 703. Administrative provisions

       ``(a) Executive Reorganization.--Chapter 9 of title 5, 
     United States Code, shall apply to the Board in the same 
     manner as it does to an independent regulatory agency, and 
     the Board shall be an establishment of the United States 
     Government.
       ``(b) Open Meetings.--For purposes of section 552b of title 
     5, United States Code, the Board shall be deemed to be an 
     agency.
       ``(c) Independence.--In the performance of their functions, 
     the members, employees, and other personnel of the 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 Board may appear for, and represent the 
     Board in, any civil action brought in connection with any 
     function carried out by the Board pursuant to this chapter or 
     subtitle IV or as otherwise authorized by law.
       ``(e) Admission To Practice.--Subject to section 500 of 
     title 5, the 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 Board and include a statement by the 
     Board--
       ``(1) showing the amount requested by the 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 Board.
       ``(g) Direct Transmittal to Congress.--The 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 Board with Congress, or a committee or member of 
     Congress, about the information.

     ``Sec. 704. Annual report

       ``The Board shall annually transmit to the Congress a 
     report on its activities.

     ``Sec. 705. Authorization of appropriations

       ``There are authorized to be appropriated for the 
     activities of the Board--
       ``(1) $8,421,000 for fiscal year 1996;
       ``(2) $12,000,000 for fiscal year 1997; and
       ``(3) $12,000,000 for fiscal year 1998.

     ``Sec. 706. Reporting official action

       ``(a) Reports on Proceedings.--The Board shall make a 
     written report of each proceeding conducted on complaint or 
     on its own initiative and furnish a copy to each party to 
     that proceeding. The report shall include the findings, 
     conclusions, and the order of the Board and, if damages are 
     awarded, the findings of fact supporting the award. The Board 
     may have its reports published for public use. A published 
     report of the Board is competent evidence of its contents.
       ``(b) Special Rules for Matters Related to Rail Carriers.--
     (1) When action of the Board in a matter related to a rail 
     carrier is taken by the Board, an individual member of the 
     Board, or another individual or group of individuals 
     designated to take official action for the Board, the written 
     statement of that action (including a report, order, decision 
     and order, vote, notice, letter, policy statements, or 
     regulation) shall indicate--
       ``(A) the official designation of the individual or group 
     taking the action;
       ``(B) the name of each individual taking, or participating 
     in taking, the action; and
       ``(C) the vote or position of each participating 
     individual.
       ``(2) If an individual member of a group taking an official 
     action referred to in paragraph (1) does not participate in 
     it, the written statement of the action shall indicate that 
     the member did not participate. An individual participating 
     in taking an official action is entitled to express the views 
     of that individual as part of the written statement of the 
     action. In addition to any publication of the written 
     statement, it shall be made available to the public under 
     section 552(a) of title 5.

                    ``SUBCHAPTER II--ADMINISTRATIVE

     ``Sec. 721. Powers

       ``(a) In General.--The Board shall carry out this chapter 
     and subtitle IV. Enumeration of a power of the Board in this 
     chapter or subtitle IV does not exclude another power the 
     Board may have in carrying out this chapter or subtitle IV. 
     The Board may prescribe regulations in carrying out this 
     chapter and subtitle IV.
       ``(b) Inquiries, Reports, and Orders.--The Board may--
       ``(1) inquire into and report on the management of the 
     business of carriers providing transportation and services 
     subject to subtitle IV;
       ``(2) inquire into and report on the management of the 
     business of a person controlling, controlled by, or under 
     common control with those carriers to the extent that the 
     business of that person is related to the management of the 
     business of that carrier;
       ``(3) obtain from those carriers and persons information 
     the Board decides is necessary to carry out subtitle IV; and
       ``(4) when necessary to prevent irreparable harm, issue an 
     appropriate order without regard to subchapter II of chapter 
     5 of title 5.
       ``(c) Subpoena Witnesses.--(1) The Board may subpoena 
     witnesses and records related to a proceeding of the Board 
     from any place in the United States, to the designated place 
     of the proceeding. If a witness disobeys a subpoena, the 
     Board, or a party to a proceeding before the Board, may 
     petition a court of the United States to enforce that 
     subpoena.
       ``(2) The district courts of the United States have 
     jurisdiction to enforce a subpoena issued under this section. 
     Trial is in the district in which the proceeding is 
     conducted. The court may punish a refusal to obey a subpoena 
     as a contempt of court.
       ``(d) Depositions.--(1) In a proceeding, the Board may take 
     the testimony of a witness by deposition and may order the 
     witness to produce records. A party to a proceeding pending 
     before the Board 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), the Board may subpoena the 
     witness to take a deposition, produce the records, or both.
       ``(3) A deposition may be taken before a judge of a court 
     of the United States, a United States magistrate judge, a 
     clerk of a district court, or a chancellor, justice, or judge 
     of a supreme or superior court, mayor or chief magistrate of 
     a city, judge of a county court, or court of common pleas of 
     any State, or a notary public who is not counsel or attorney 
     of a party or interested in the proceeding.
       ``(4) Before taking a deposition, reasonable notice must be 
     given in writing by the party or the attorney of that party 
     proposing to take a deposition to the opposing party or the 
     attorney of record of that party, whoever is nearest. The 
     notice shall state the name of the witness and the time and 
     place of taking the deposition.
       ``(5) The testimony of a person deposed under this 
     subsection shall be taken under oath. The person taking the 
     deposition shall prepare, or cause to be prepared, a 
     transcript of the testimony taken. The transcript shall be 
     subscribed by the deponent.
       ``(6) The testimony of a witness who is in a foreign 
     country may be taken by deposition before an officer or 
     person designated by the Board or agreed on by the parties by 
     written stipulation filed with the Board. A deposition shall 
     be filed with the Board promptly.
       ``(e) Witness Fees.--Each witness summoned before the Board 
     or whose deposition is taken under this section and the 
     individual taking the deposition are entitled to the same 
     fees and mileage paid for those services in the courts of the 
     United States.

     ``Sec. 722. Board action

       ``(a) Effective Date of Actions.--Unless otherwise provided 
     in subtitle IV, the Board may determine, within a reasonable 
     time, when its actions, other than an action ordering the 
     payment of money, take effect.
       ``(b) Terminating and Changing Actions.--An action of the 
     Board remains in effect under its own terms or until 
     superseded. The Board may change, suspend, or set aside any 
     such action on notice. Notice may be given in a manner 
     determined by the Board. A court of competent jurisdiction 
     may suspend or set aside any such action.
       ``(c) Reconsidering Actions.--The 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 Board; or
       ``(3) change an action of the Board.

     An interested party may petition to reopen and reconsider an 
     action of the Board under this subsection under regulations 
     of the Board.
     
[[Page H15030]]

       ``(d) Finality of Actions.--Notwithstanding subtitle IV, an 
     action of the 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.

     ``Sec. 723. Service of notice in Board proceedings

       ``(a) Designation of Agent.--A carrier providing 
     transportation subject to the jurisdiction of the Board under 
     subtitle IV shall designate an agent in the District of 
     Columbia, on whom service of notices in a proceeding before, 
     and of actions of, the Board may be made.
       ``(b) Filing and Changing Designations.--A designation 
     under subsection (a) shall be in writing and filed with the 
     Board. The designation may be changed at any time in the same 
     manner as originally made.
       ``(c) Service of Notice.--Except as otherwise provided, 
     notices of the Board shall be served on its designated agent 
     at the office or usual place of residence in the District of 
     Columbia of that agent. A notice of action of the Board shall 
     be served immediately on the agent or in another manner 
     provided by law. If that carrier does not have a designated 
     agent, service may be made by posting the notice in the 
     office of the Board.
       ``(d) Special Rule for Rail Carriers.--In a proceeding 
     involving the lawfulness of classifications, rates, or 
     practices of a rail carrier that has not designated an agent 
     under this section, service of notice of the Board on an 
     attorney in fact for the carrier constitutes service of 
     notice on the carrier.

     ``Sec. 724. Service of process in court proceedings

       ``(a) Designation of Agent.--A carrier providing 
     transportation subject to the jurisdiction of the Board under 
     subtitle IV shall designate an agent in the District of 
     Columbia on whom service of process in an action before a 
     district court may be made. Except as otherwise provided, 
     process in an action before a district court shall be served 
     on the designated agent of that carrier at the office or 
     usual place of residence in the District of Columbia of that 
     agent. If the carrier does not have a designated agent, 
     service may be made by posting the notice in the office of 
     the Board.
       ``(b) Changing Designation.--A designation under this 
     section may be changed at any time in the same manner as 
     originally made.

     ``Sec. 725. Administrative support

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

     ``Sec. 726. Railroad-Shipper Transportation Advisory Council

       ``(a) Establishment; Membership.--There is established the 
     Railroad-Shipper Transportation Advisory Council (in this 
     section referred to as the `Council') to be composed of 19 
     members, of which 15 members shall be appointed by the 
     Chairman of the Board, after recommendation from rail 
     carriers and shippers, within 60 days after the date of 
     enactment of the ICC Termination 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 railroad and 
     rail shipper industries.
       ``(2) Nine of the members shall be appointed from senior 
     executive officers of organizations engaged in the railroad 
     and rail shipping industries, 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 present. 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 Class II or III 
     railroads.
       ``(3) The remaining 6 members of the Council shall serve in 
     a nonvoting advisory capacity only, but shall be entitled to 
     participate in Council deliberations. Of the remaining 
     members--
       ``(A) 3 shall be representative of Class I railroads; and
       ``(B) 3 shall be representative of large shipper 
     organizations (as determined by the Chairman).
       ``(4) The Secretary of Transportation and the members of 
     the Board shall serve as ex officio, nonvoting 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 Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       ``(5) Each ex officio member of the Council may designate 
     an alternate, who shall serve as a member of the Council 
     whenever the ex officio member is unable to attend a meeting 
     of the Council. Any such designated alternate shall be 
     selected from individuals who exercise significant decision-
     making authority in the Federal agency involved.
       ``(b) Term of Office.--The members of the Council shall be 
     appointed for a term of office of 3 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.--(1) 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 of the Board, to the extent provided in 
     advance in appropriation Acts, may provide reasonable and 
     necessary travel expenses for such individual Council members 
     from Department or Board funding sources in order to foster 
     balanced representation on the Council.
       ``(2) Upon request by the Council Chairman, the Secretary 
     or Chairman of the Board, to the extent provided in advance 
     in appropriations Acts, may 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 section.
       ``(3) The Council may solicit and use private funding for 
     its activities, subject to this subsection.
       ``(4) Prior to making any Federal funding requests, the 
     Council Chairman shall undertake best efforts to fund such 
     activities privately unless the Council Chairman determines 
     that such private funding would create a conflict of 
     interest, or the appearance thereof, or is otherwise 
     impractical. The Council Chairman shall not request funding 
     from any Federal agency without providing written 
     justification as to why private funding would create any such 
     conflict or appearance, or is otherwise impractical.
       ``(5) To enable the Council to carry out its functions--
       ``(A) the Council Chairman may request directly from any 
     Federal agency such personnel, information, services, or 
     facilities, on a compensated or uncompensated basis, as the 
     Council Chairman determines necessary to carry out the 
     functions of the Council;
       ``(B) each Federal agency may, in its 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
       ``(C) each Federal agency may, in its 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 other meetings 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 designees, to 
     participate in the deliberations of the Council.
       ``(f) Functions and Duties; Annual Report.--(1) The Council 
     shall advise the Secretary, the Chairman, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives with respect to rail transportation policy 
     issues it considers 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.
       ``(2) To the extent the Council addresses specific grain 
     car issues, it shall coordinate such activities with the 
     National Grain Car Council. The Secretary and Chairman shall 
     cooperate with the Council to provide research, technical and 
     other reasonable support in developing any reports and policy 
     statements required or authorized by this subsection.
       ``(3) 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.
       ``(4) The Council shall prepare an annual report concerning 
     its activities and the results of Council efforts to resolve 
     industry issues, and propose whatever regulatory or 
     legislative relief it considers appropriate. The Council 
     shall include in the annual report such recommendations as it 
     considers 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 considers 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--
       ``(A) the accuracy of information therein;
       ``(B) Council efforts and reasonableness of Council 
     positions and actions; and
       ``(C) any other aspects of the Council's work as they may 
     consider appropriate.

     The Council may prepare other reports or develop policy 
     statements as the Council considers appropriate. An annual 
     report shall be submitted for each fiscal year and shall be 
     submitted 

[[Page H15031]]
     to the Secretary and Chairman within 90 days after the end of the 
     fiscal year. Other such reports and statements may be 
     submitted as the Council considers appropriate.

     ``Sec. 727. Definitions

       ``All terms used in this chapter that are defined in 
     subtitle IV shall have the meaning given those terms in that 
     subtitle.''.
       (b) Table of Chapters Amendment.--The table of chapters of 
     subtitle I of title 49, United States Code, is amended by 
     adding at the end the following new item:

``7. SURFACE TRANSPORTATION BOARD...............................3701''.

     SEC. 202. REORGANIZATION.

       The Chairman of the Surface Transportation Board (in this 
     Act referred to as the ``Board'') may allocate or reallocate 
     any function of the Board, consistent with this title and 
     subchapter I of chapter 7, as amended by section 201 of this 
     title, among the members or employees of the Board, and may 
     establish, consolidate, alter, or discontinue in the Board 
     any organizational entities that were entities of the 
     Interstate Commerce Commission, as the Chairman considers 
     necessary or appropriate.

     SEC. 203. TRANSFER OF ASSETS AND PERSONNEL.

       (a) To 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 
     Board by this Act shall be transferred to the 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 Board. Such unexpended balances, allocations, and 
     other funds, together with any unobligated balances from user 
     fees collected by the Commission during fiscal year 1996, may 
     be used to pay for the closedown of the Commission and 
     severance costs for Commission personnel, regardless of 
     whether those costs are incurred at the Commission or at the 
     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.
       (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).

     SEC. 204. SAVING PROVISIONS.

       (a) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, agreements, 
     certificates, licenses, and privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the Interstate Commerce Commission, any 
     officer or employee of the Interstate Commerce Commission, or 
     any other Government official, or by a court of competent 
     jurisdiction, in the performance of any function that is 
     transferred by this Act or the amendments made by this Act; 
     and
       (2) that are in effect on the effective date of such 
     transfer (or become effective after such date pursuant to 
     their terms as in effect on such effective date),

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the Board, any other authorized 
     official, a court of competent jurisdiction, or operation of 
     law. The Board shall promptly rescind all regulations 
     established by the Interstate Commerce Commission that are 
     based on provisions of law repealed and not substantively 
     reenacted by this Act.
       (b) Proceedings.--(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 Board and the Secretary are authorized to provide 
     for the orderly transfer of pending proceedings from the 
     Interstate Commerce Commission.
       (3)(A) Except as provided in subparagraphs (B) and (C), in 
     the case of a proceeding under a provision of law repeal, and 
     not reenacted, by this Act such proceeding shall be 
     terminated.
       (B) Any proceeding involving a pipeline carrier under 
     subtitle IV of title 49, United States Code, shall be 
     continued to be heard by the Board under such subtitle, as in 
     effect on the day before the effective date of this section, 
     until completion of such proceeding.
       (C) Any proceeding involving the merger of a motor carrier 
     property under subtitle IV of title 49, United States Code, 
     shall continue to be heard by the Board under such subtitle, 
     as in effect on the day before the effective date of this 
     section, until completion of such proceeding.
       (4) Any proceeding with respect to any tariff, rate charge, 
     classification, rule, regulation, or service that was pending 
     under the Intercoastal Shipping Act, 1933 or the Shipping 
     Act, 1916 before the Federal Maritime Commission on November 
     1, 1995, shall continue to be heard until completion or 
     issuance of a final order thereon under all applicable laws 
     in effect as of November 1, 1995.
       (c) Suits.--(1) This Act shall not affect suits commenced 
     before the date of the enactment of this Act, except as 
     provided in paragraphs (2) and (3). In all such suits, 
     proceeding shall be had, appeals taken, and judgments 
     rendered in the same manner and with the same effect as if 
     this Act had not been enacted.
       (2) Any suit by or against the Interstate Commerce 
     Commission begun before the effective date of this Act shall 
     be continued, insofar as it involves a function retained and 
     transferred under this Act, with the Board (to the extent the 
     suit involves functions transferred to the 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.
       (3) If the court in a suit described in paragraph (1) 
     remands a case to the Board or the Secretary, subsequent 
     proceedings related to such case shall proceed in accordance 
     with applicable law and regulations as in effect at the time 
     of such subsequent proceedings.
       (d) 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) Exercise of Authorities.--Except as otherwise provided 
     by law, an officer or employee of the Board may, for purposes 
     of performing a function transferred by this Act or the 
     amendments made by this Act, exercise all authorities under 
     any other provision of law that were available with respect 
     to the performance of that function to the official 
     responsible for the performance of the function immediately 
     before the effective date of the transfer of the function 
     under this Act or the amendments made by this Act.

     SEC. 205. REFERENCES.

       Any reference to the Interstate Commerce Commission in any 
     other Federal law, Executive order, rule, regulation, or 
     delegation of authority, or any document of or pertaining to 
     the Interstate Commerce Commission or an officer or employee 
     of the Interstate Commerce Commission, is deemed to refer to 
     the Board, a member or employee of the Board, or the 
     Secretary, as appropriate.
                    TITLE III--CONFORMING AMENDMENTS
              Subtitle A--Amendments to United States Code

     SEC. 301. TITLE 5 AMENDMENTS.

       (a) Compensation for Positions at Level III.--Section 5314 
     of title 5, United States Code, is amended by striking 
     ``Chairman, Interstate Commerce Commission.'' and inserting 
     in lieu thereof ``Chairman, Surface Transportation Board.''.
       (b) Compensation for Positions at Level IV.--Section 5315 
     of title 5, United States Code, is amended by striking 
     ``Members, Interstate Commerce Commission.'' and inserting in 
     lieu thereof ``Members, Surface Transportation Board.''.

     SEC. 302. TITLE 11 AMENDMENTS.

       Subchapter IV of chapter 11 of title 11, United States 
     Code, is amended--
       (1) by striking section 1162 and inserting in lieu thereof 
     the following:

     ``Sec. 1162. Definition

       ``In this subchapter, `Board' means the `Surface 
     Transportation Board'.''; and
       (2) by striking ``Commission'' each place it appears and 
     inserting in lieu thereof ``Board''.

     SEC. 303. TITLE 18 AMENDMENTS.

       Title 18, United States Code, is amended--
       (1) in section 921(a)(27) by striking ``10102'' and 
     inserting in lieu thereof ``13102''; and
       (2) in section 6001(1) by striking ``Interstate Commerce 
     Commission'' and inserting in lieu thereof ``Surface 
     Transportation Board''.

     SEC. 304. INTERNAL REVENUE CODE OF 1986 AMENDMENTS.

       (a) Section 168.--Section 168(g)(4)(B)(i) of the Internal 
     Revenue Code of 1986 is amended by striking ``domestic 
     railroad corporation providing transportation subject to 
     subchapter I of chapter 105'' and inserting in lieu thereof 
     ``rail carrier subject to part A of subtitle IV''.
       (b) Section 281.--Subparagraphs (A) and (B) of section 
     281(d)(1) of such Code are each amended by striking 
     ``domestic railroad corporations providing transportation 
     subject to subchapter I of chapter 105'' and inserting in 
     lieu thereof ``rail carriers subject to part A of subtitle 
     IV''.
       (c) Section 354.--Section 354(c) of such Code is amended by 
     striking ``or approved by the Interstate Commerce Commission 
     under subchapter IV of chapter 113 of title 49,''.
       (d) Section 3231.--Section 3231 of such Code is amended--
       (1) in subsection (a) by striking ``Interstate Commerce 
     Commission'' and inserting in lieu thereof ``Surface 
     Transportation Board''; and
       (2) in subsection (g) by striking ``an express carrier, 
     sleeping car carrier, or rail carrier providing 
     transportation subject to subchapter I of chapter 105'' and 
     inserting in lieu thereof ``a rail carrier subject to part A 
     of subtitle IV''.
       (e) Section 7701.--Section 7701(a) of such Code is 
     amended--
     
[[Page H15032]]

       (1) in paragraph (33)(B) by striking ``Federal Power 
     Commission'' and inserting in lieu thereof ``Federal Energy 
     Regulatory Commission'';
       (2) in paragraph (33)(C)(i) by striking ``Interstate 
     Commerce Commission'' and inserting in lieu thereof ``Surface 
     Transportation Board'';
       (3) in paragraph (33)(C)(ii) by striking ``Interstate 
     Commerce Commission'' and inserting in lieu thereof ``Federal 
     Energy Regulatory Commission'';
       (4) in paragraph (33)(F) by striking ``common carrier'' and 
     all that follows through ``1933'' and inserting in lieu 
     thereof ``a water carrier subject to jurisdiction under 
     subchapter II of chapter 135 of title 49'';
       (5) in paragraph (33)(G) by striking ``railroad corporation 
     subject to subchapter I of chapter 105'' and inserting in 
     lieu thereof ``rail carrier subject to part A of subtitle 
     IV''; and
       (6) in paragraph (33)(H) by striking ``subchapter I of 
     chapter 105'' and inserting in lieu thereof ``part A of 
     subtitle IV''.

     SEC. 305. TITLE 28 AMENDMENTS.

       (a) Chapter 85.--Chapter 85 of title 28, United States 
     Code, is amended--
       (1) in the section heading to section 1336 by striking 
     ``Interstate Commerce Commission's'' and inserting in lieu 
     thereof ``Surface Transportation Board's'';
       (2) in section 1336 by striking ``Interstate Commerce 
     Commission'' each place it appears and inserting in lieu 
     thereof ``Surface Transportation Board'';
       (3) in section 1337 by striking ``11707'' each place it 
     appears and inserting in lieu thereof ``11706 or 14706''; and
       (4) in the item relating to section 1336 of the table of 
     sections by striking ``Interstate Commerce Commission's'' and 
     inserting in lieu thereof ``Surface Transportation Board's''.
       (b) Section 1445.--Section 1445(b) of such title is 
     amended--
       (1) by striking ``common''; and
       (2) by striking ``11707'' and inserting in lieu thereof 
     ``11706 or 14706''.
       (c) Chapter 157 Amendments.--
       (1) In general.--Chapter 157 of such title is amended--
       (A) by striking ``INTERSTATE COMMERCE COMMISSION'' in the 
     chapter heading and inserting in lieu thereof ``SURFACE 
     TRANSPORTATION BOARD'';
       (B) by striking ``Commission's'' in the section heading to 
     section 2321 and inserting in lieu thereof ``Board's'';
       (C) by striking ``Interstate Commerce Commission'' each 
     place it appears and inserting in lieu thereof ``Surface 
     Transportation Board'';
       (D) in section 2323 by striking ``Commission'' the second 
     and third places it appears and inserting in lieu thereof 
     ``Board''; and
       (E) in the item relating to section 2321 of the table of 
     sections by striking ``Commission's'' and inserting in lieu 
     thereof ``Board's''.
       (2) Table of chapters.--The item relating to chapter 157 in 
     the table of chapters of such title is amended by striking 
     ``Interstate Commerce Commission'' and inserting in lieu 
     thereof ``Surface Transportation Board''.
       (d) Chapter 158 Amendments.--Chapter 158 of such title is 
     amended--
       (1) in section 2341(3)(A) by striking ``the Interstate 
     Commerce Commission,'';
       (2) by striking ``and'' at the end of section 2341(3)(C);
       (3) by striking the period at the end of section 2341(3)(D) 
     and inserting in lieu thereof ``; and'';
       (4) by inserting at the end of section 2341(3) the 
     following new subparagraph:
       ``(E) the Board, when the order was entered by the Surface 
     Transportation Board.'';
       (5) in section 2342(3)(A) by striking ``41, or 43'' and 
     inserting in lieu thereof ``or 41'';
       (6) by inserting ``or pursuant to part B or (C) of subtitle 
     IV of title 49'' before the semicolon at the end of section 
     2342(3)(A);
       (7) in section 2342(3)(B)--
       (A) by striking clauses (i) and (iii); and
       (B) by redesignating clauses (ii), (iv), and (v) as clauses 
     (i), (ii), and (iii), respectively; and
       (8) by striking paragraph (5) of section 2342 and inserting 
     in lieu thereof the following:
       ``(5) all rules, regulations, or final orders of the 
     Surface Transportation Board made reviewable by section 2321 
     of this title;''.

     SEC. 306. TITLE 31 AMENDMENTS.

       Section 3726(b) of title 31, United States Code, is 
     amended--
       (1) in paragraph (1) by striking ``on file with the 
     Interstate Commerce Commission,'' and inserting in lieu 
     thereof ``under title 49 or on file with'';
       (2) in paragraph (1) by striking ``or'' at the end;
       (3) by redesignating paragraph (2) as paragraph (3);
       (4) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) a lawfully quoted rate subject to the jurisdiction of 
     the Surface Transportation Board; or''; and
       (5) in paragraph (3), as redesignated by paragraph (4) of 
     this section, by striking ``sections 10721-10724'' and 
     inserting in lieu thereof ``sections 10721, 13712, and 
     15504''.

     SEC. 307. TITLE 39 AMENDMENTS.

       Title 39, United States Code, is amended--
       (1) in section 5005(a)(4) by striking ``5201(7)'' and 
     inserting in lieu thereof ``5201(6)'';
       (2) in section 5005(b)(3) by striking ``Interstate Commerce 
     Commission'' and inserting in lieu thereof ``Surface 
     Transportation Board''; and
       (3) by striking paragraph (1) of section 5201 and inserting 
     in lieu thereof the following:
       ``(1) `Board' means the Surface Transportation Board;'';
       (4) in section 5201(2) by striking ``a motor common 
     carrier, or express carrier'' and inserting in lieu thereof 
     ``or a motor carrier'';
       (5) in section 5201(4)--
       (A) by striking ``common''; and
       (B) by striking ``permit'' and inserting in lieu thereof 
     ``registration'';
       (6) in section 5201(5)--
       (A) by striking ``common'' each place it appears;
       (B) by striking ``10102(14)'' and inserting in lieu thereof 
     ``13102(12)''; and
       (C) by striking ``certificate of public convenience and 
     necessity'' and inserting in lieu thereof ``registration'';
       (7) by striking paragraph (6) of section 5201;
       (8) in section 5201 by redesignating paragraphs (7) and (8) 
     as paragraphs (6) and (7), respectively;
       (9) in section 5201(6), as so redesignated, by striking 
     ``certificate of public convenience and necessity'' and 
     inserting in lieu thereof ``certificate or registration'';
       (10) in section 5203(f) by striking ``motor common 
     carrier'' each place it appears and inserting in lieu thereof 
     ``motor carrier'';
       (11) in the section heading to section 5207 by striking 
     ``Interstate Commerce Commission'' and inserting in lieu 
     thereof ``Surface Transportation Board'';
       (12) in sections 5208(a) and 5215(a) by striking 
     ``Commission's'' and inserting in lieu thereof ``Board's'';
       (13) in section 5215(a) by striking ``motor common 
     carrier'' and inserting in lieu thereof ``motor carrier'';
       (14) in chapter 52 by striking ``Commission'' each place it 
     appears and inserting in lieu thereof ``Board''; and
       (15) in the item relating to section 5207 of the table of 
     sections of chapter 52, by striking ``Interstate Commerce 
     Commission'' and inserting in lieu thereof ``Surface 
     Transportation Board''.

     SEC. 308. TITLE 49 AMENDMENTS.

       (a) Section 302.--Section 302(a) of title 49, United States 
     Code, is amended by striking ``10101a'' and inserting in lieu 
     thereof ``13101''.
       (b) Section 333.--Section 333 of such title is amended--
       (1) in subsection (c)(2) by striking ``11910(a)(1)'' and 
     inserting in lieu thereof ``11904''; and
       (2) in subsection (e)--
       (A) by striking ``11343(a)'' and inserting in lieu thereof 
     ``11323(a)''; and
       (B) by striking ``11344(b)'' and inserting in lieu thereof 
     ``11324(b)''.
       (c) Chapter 5.--Subchapter I of chapter 5 of such title is 
     amended--
       (1) by striking ``DUTIES'' the first place it appears in 
     the subchapter heading; and
       (2) in section 501(a)(1) by striking ``section 10102'' and 
     inserting in lieu thereof ``sections 10102 and 13102''.
       (d) Section 5102.--Section 5102(7) of such title is 
     amended.--
       (1) by striking ``common'';
       (2) by striking ``motor contract carrier,''; and
       (3) by striking ``10102'' and inserting in lieu thereof 
     ``13102''.
       (e) Section 5333.--Section 5333(b)(3) of such title is 
     amended by striking ``11347'' and inserting in lieu thereof 
     ``11326''.
       (f) Chapter 221.--Chapter 221 of such title is amended--
       (1) in section 22101(a) by striking ``subchapter I of 
     chapter 105'' and inserting in lieu thereof ``part A of 
     subtitle IV'';
       (2) in section 22101(a)(1) by striking ``Interstate 
     Commerce Commission'' and inserting in lieu thereof ``Surface 
     Transportation Board'';
       (3) in section 22103(b)(1) by striking ``Interstate 
     Commerce Commission'' and inserting in lieu thereof ``Surface 
     Transportation Board'';
       (4) in section 22107(c)--
       (A) by striking ``Interstate Commerce Commission'' and 
     inserting in lieu thereof ``Surface Transportation Board''; 
     and
       (B) by striking ``Commission'' the second place it appears 
     and inserting in lieu thereof ``Board''; and
       (5) in section 22107(d) by striking ``subchapter I of 
     chapter 105'' and inserting in lieu thereof ``part A of 
     subtitle IV''.
       (g) Section 24301.--Section 24301 of such title is 
     amended--
       (1) in subsection (c)--
       (A) by striking ``Subtitle IV'' in paragraph (1) and 
     inserting in lieu thereof ``Part A of subtitle IV'';
       (B) by striking ``sections 10721-10724 of this title 
     apply'' in paragraph (2)(A) and inserting in lieu thereof 
     ``section 10721 of this title applies''; and
       (C) by striking ``Interstate Commerce Commission under any 
     provision of subtitle IV of this title applicable to a 
     carrier subject to subchapter I of chapter 105'' in paragraph 
     (2)(B) and inserting in lieu thereof ``Surface Transportation 
     Board under part A of subtitle IV''; and
       (2) in subsection (d) by striking ``common carrier subject 
     to subchapter I of chapter 105'' and inserting in lieu 
     thereof ``rail carrier subject to part A of subtitle IV''.
       (h) Section 24501.--Section 24501(b) of such title is 
     amended by striking ``subchapter I of chapter 105'' and 
     inserting in lieu thereof ``part A of subtitle IV''.
       (i) Section 24705.--Section 24705 of such title is amended 
     by striking subsection (d).
       (j) Sections 30103 and 30166.--Sections 30103(a) and 
     30106(d) of such title are each amended by striking 
     ``subchapter II of chapter 105'' each place it appears and 
     inserting in lieu thereof ``subchapter I of chapter 135''.
       (k) Chapter 315.--Chapter 315 of such title is amended--
       (1) in section 31501(2) by striking ``10102'' and inserting 
     in lieu thereof ``13102'';
       (2) in section 31501(3)(A) by striking ``10521(a)'' and 
     inserting in lieu thereof ``13501'';
       (3) in section 31502(a)(1) by striking ``10521 and 10522'' 
     by inserting in lieu thereof ``13501 and 13502''; and
       (4) in section 31503(a) by striking ``subchapter II of 
     chapter 105'' and inserting in lieu thereof ``subchapter I of 
     chapter 135''.
     
[[Page H15033]]

       (l) Sections 41309 and 41502.--Sections 41309(b)(2)(A) and 
     41502 of such title are each amended by striking ``common'' 
     each place it appears.
       (m) Section 60115.--Section 60115(b)(4)(A) of such title is 
     amended by striking ``(referred to in section 10344(f) of 
     this title)''.
                      Subtitle B--Other Amendments

     SEC. 311. AGRICULTURAL ADJUSTMENT ACT OF 1938 AMENDMENTS.

       Section 201 of the Agricultural Adjustment Act of 1938 (7 
     U.S.C. 1291) is amended--
       (1) by striking ``Interstate Commerce Commission'' each 
     place it appears and inserting in lieu thereof ``Surface 
     Transportation Board'';
       (2) by striking ``Commission'' each place it appears (other 
     than a place to which paragraph (1) applies) and inserting in 
     lieu thereof ``Board''; and
       (3) by striking ``Commission's'' in subsection (b) and 
     inserting in lieu thereof ``Board's''.

     SEC. 312. ANIMAL WELFARE ACT AMENDMENT.

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

     SEC. 313. FEDERAL ELECTION CAMPAIGN ACT OF 1971 AMENDMENTS.

       Section 401 of the Federal Election Campaign Act of 1971 is 
     amended--
       (1) by striking ``Interstate Commerce Commission shall each 
     promulgate, within ninety days after the date of enactment of 
     this Act'' and inserting in lieu thereof ``Surface 
     Transportation Board shall each maintain''; and
       (2) by inserting ``or Board'' after ``or such Commission''.

     SEC. 314. FAIR CREDIT REPORTING ACT AMENDMENT.

       Section 621(b)(4) of the Fair Credit Reporting Act (15 
     U.S.C. 1681s(b)(4)) is amended by striking ``Interstate 
     Commerce Commission with respect to any common carrier 
     subject to those Acts'' and inserting in lieu thereof 
     ``Secretary of Transportation, with respect to all carriers 
     subject to the jurisdiction of the Surface Transportation 
     Board''.

     SEC. 315. EQUAL CREDIT OPPORTUNITY ACT AMENDMENT.

       Section 704(a)(4) of the Equal Credit Opportunity Act (15 
     U.S.C. 1691c(a)(4)) is amended by striking ``Interstate 
     Commerce Commission with respect to any common carrier 
     subject to those Acts'' and inserting in lieu thereof 
     ``Secretary of Transportation, with respect to all carriers 
     subject to the jurisdiction of the Surface Transportation 
     Board''.

     SEC. 316. FAIR DEBT COLLECTION PRACTICES ACT AMENDMENT.

       Section 814(b)(4) of the Fair Debt Collection Practices Act 
     (15 U.S.C. 1692l(b)(4)) is amended by striking ``Interstate 
     Commerce Commission with respect to any common carrier 
     subject to those Acts'' and inserting in lieu thereof 
     ``Secretary of Transportation, with respect to all carriers 
     subject to the jurisdiction of the Surface Transportation 
     Board''.

     SEC. 317. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.

       The National Trails System Act is amended--
       (1) in section 8(d)--
       (A) by striking ``Chairman of the Interstate Commerce 
     Commission'' and inserting in lieu thereof ``Chairman of the 
     Surface Transportation Board''; and
       (B) by striking ``Commission'' the second place it appears 
     and inserting in lieu thereof ``Board''; and
       (2) in section 9(b) by striking ``Interstate Commerce 
     Commission'' and inserting in lieu thereof ``Surface 
     Transportation Board''.

     SEC. 318. CLAYTON ACT AMENDMENTS.

       The Clayton Act is amended--
       (1) in section 7 (15 U.S.C. 18)--
       (A) by striking ``Interstate Commerce Commission'' and 
     inserting in lieu thereof ``Surface Transportation Board''; 
     and
       (B) by inserting ``, Board,'' after ``vesting such power in 
     such Commission'';
       (2) in section 11(a) (15 U.S.C. 21(a)) by striking 
     ``Interstate Commerce Commission where applicable to common 
     carriers subject to the Interstate Commerce Act, as amended'' 
     and inserting in lieu thereof ``Surface Transportation Board 
     where applicable to common carriers subject to jurisdiction 
     under subtitle IV of title 49, United States Code''; and
       (3) in section 16 (15 U.S.C. 22) by striking ``in equity 
     for injunctive relief'' and all that follows through 
     ``Interstate Commerce Commission'' and inserting in lieu 
     thereof ``for injunctive relief against any common carrier 
     subject to the jurisdiction of the Surface Transportation 
     Board under subtitle IV of title 49, United States Code''.

     SEC. 319. INSPECTOR GENERAL ACT OF 1978 AMENDMENT.

       Section 8G(a)(2) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by striking ``the Interstate Commerce 
     Commission,''.

     SEC. 320. ENERGY POLICY ACT OF 1992 AMENDMENTS.

       Subsections (a) and (d) of section 1340 of the Energy 
     Policy Act of 1992 (42 U.S.C. 13369(a) and (d)) are each 
     amended by striking ``Interstate Commerce Commission'' and 
     inserting in lieu thereof ``Surface Transportation Board''.

     SEC. 321. MERCHANT MARINE ACT, 1920, AMENDMENTS.

       The Merchant Marine Act, 1920, is amended--
       (1) in section 8 (46 U.S.C. App. 867)--
       (A) by striking ``Interstate Commerce Commission'' both 
     places it appears and inserting in lieu thereof ``Surface 
     Transportation Board''; and
       (B) by striking ``commission'' and inserting in lieu 
     thereof ``Board'';
       (2) in section 27A (46 U.S.C. App. 883-1) by striking 
     ``common or contract'' and all that follows through ``, which 
     otherwise'' and inserting in lieu thereof ``carrier subject 
     to jurisdiction under subchapter II of chapter 135 of title 
     49, United States Code, which otherwise''; and
       (3) in section 28 (46 U.S.C. App. 884)--
       (A) by striking ``common'';
       (B) by striking ``Interstate Commerce Commission'' and 
     inserting in lieu thereof ``Surface Transportation Board''; 
     and
       (C) by striking ``commission'' each place it appears and 
     inserting in lieu thereof ``Board''.

     SEC. 322. RAILWAY LABOR ACT AMENDMENTS.

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

     SEC. 323. RAILROAD RETIREMENT ACT OF 1974 AMENDMENTS.

       Section 1 of the Railroad Retirement Act of 1974 (45 U.S.C. 
     231) is amended--
       (1) by striking subsection (a)(1)(i) and inserting in lieu 
     thereof the following:
       ``(i) any carrier by railroad subject to the jurisdiction 
     of the Surface Transportation Board under part A of subtitle 
     IV of title 49, United States Code;'';
       (2) in subsection (a)(2)(ii) by striking ``Interstate 
     Commerce Commission is hereby authorized and directed upon 
     request of the Board'' and inserting in lieu thereof 
     ``Surface Transportation Board is hereby authorized and 
     directed upon request of the Railroad Retirement Board''; and
       (3) in subsection (o) by inserting ``the Surface 
     Transportation Board,'' after ``the Interstate Commerce 
     Commission,''.

     SEC. 324. RAILROAD UNEMPLOYMENT INSURANCE ACT AMENDMENTS.

       The Railroad Unemployment Insurance Act is amended--
       (1) in section 1(a) (45 U.S.C. 351(a)) by striking 
     ``Interstate Commerce Commission is hereby authorized and 
     directed upon request of the Board'' and inserting in lieu 
     thereof ``Surface Transportation Board is hereby authorized 
     and directed upon request of the Railroad Retirement Board'';
       (2) by striking paragraph (b) of such section 1 and 
     inserting in lieu thereof the following:
       ``(b) The term `carrier' means a railroad subject to the 
     jurisdiction of the Surface Transportation Board under part A 
     of subtitle IV of title 49, United States Code.''; and
       (3) by striking ``Interstate Commerce Commission, adjusted, 
     as determined by the Board'' in section 2(h)(3) (45 U.S.C. 
     352(h)(3)) and inserting in lieu thereof ``Surface 
     Transportation Board, adjusted, as determined by the Railroad 
     Retirement Board''.

     SEC. 325. EMERGENCY RAIL SERVICES ACT OF 1970 AMENDMENTS.

       The Emergency Rail Services Act of 1970 is amended--
       (1) in section 2 (45 U.S.C. 661)--
       (A) by striking paragraph (2) and inserting in lieu thereof 
     the following:
       ``(2) `Board' means the Surface Transportation Board.''; 
     and
       (B) in paragraph (3) by striking ``common carrier by 
     railroad subject to part I of the Interstate Commerce Act (49 
     U.S.C. 1-27)'' and inserting in lieu thereof ``rail carrier 
     subject to part A of subtitle IV of title 49, United States 
     Code'';
       (2) in section 3--
       (A) by striking ``the provisions of section 5 of the 
     Interstate Commerce Act'' in subsection (b)(4) and inserting 
     in lieu thereof ``subchapter II of chapter 113 of title 49, 
     United States Code''; and
       (B) by striking ``Commission'' each place it appears and 
     inserting in lieu thereof ``Board''; and
       (3) in section 6(a) (45 U.S.C. 665(a)) by striking 
     ``Interstate Commerce Commission'' and inserting in lieu 
     thereof ``Board''.

     SEC. 326. ALASKA RAILROAD TRANSFER ACT OF 1982 AMENDMENTS.

       Section 608 of the Alaska Railroad Transfer Act of 1982 (45 
     U.S.C. 1207) is amended--
       (1) by striking ``the jurisdiction of the Interstate 
     Commerce Commission under chapter 105'' in subsection (a)(1) 
     and inserting in lieu thereof ``part A''; and
       (2) by striking ``the jurisdiction of the Interstate 
     Commerce Commission under chapter 105'' in subsection (c) and 
     inserting in lieu thereof ``part A''.

     SEC. 327. REGIONAL RAIL REORGANIZATION ACT OF 1973 
                   AMENDMENTS.

       The Regional Rail Reorganization Act of 1973 is amended--
       (1) in section 102(15) (45 U.S.C. 702(15)) by striking 
     ``common carrier by railroad as defined in section 1(3) of 
     part I of the Interstate Commerce Act (49 U.S.C. 1(3))'' and 
     inserting in lieu thereof ``rail carrier subject to part A of 
     subtitle IV of title 49, United States Code'';
       (2) in section 301(b) (45 U.S.C. 741(b)) by striking 
     ``common carrier by railroad under section 1(3) of the 
     Interstate Commerce Act (49 U.S.C. 1(3))'' and inserting in 
     lieu thereof ``rail carrier subject to part A of subtitle IV 
     of title 49, United States Code'';
       (3) in section 304 (45 U.S.C. 744)--
       (A) by striking ``205(d)(6) of this Act'' in subsection 
     (a)(2)(B) and inserting in lieu thereof ``10362(b)(6) of 
     title 49, United States Code'';
       (B) by striking ``Interstate Commerce Act'' and inserting 
     in lieu thereof ``part A of subtitle IV of title 49, United 
     States Code'';
       (C) in subsection (d)(3)--
       (i) by striking ``this title,'' and all that follows 
     through ``(A) shall take'' and inserting in lieu 

[[Page H15034]]
     thereof ``this title, the Commission shall take''; and
       (ii) by striking ``this subsection; and'' and all that 
     follows through ``205(d)(6) of this Act'' and inserting in 
     lieu thereof ``this subsection'';
       (D) in subsection (e)(4)--
       (i) by striking ``and under regulations issued by the 
     Office pursuant to section 205(d)(5) of this Act'' in 
     subparagraph (A); and
       (ii) by striking ``and regulations issued by the Office 
     pursuant to section 205(d)(5) of this Act'' in subparagraph 
     (C);
       (E) in subsection (e)(5)--
       (i) by striking ``and under regulations issued by the 
     Office pursuant to section 205(d)(5) of this Act'' in 
     subparagraph (A); and
       (ii) by striking ``and under regulations issued by the 
     Office pursuant to section 205(d)(5) of this Act'' in 
     subparagraph (B);
       (F) in subsection (e)(7)(A) by striking ``and under 
     regulations issued by the Office pursuant to section 
     205(d)(5) of this Act''; and
       (G) in subsection (g) by striking ``the Interstate Commerce 
     Act'' and inserting in lieu thereof ``part A of subtitle IV 
     of title 49, United States Code'';
       (4) in section 308 (45 U.S.C. 748)--
       (A) by striking ``10905(d)-(f)'' in subsection (d)(1) and 
     inserting in lieu thereof ``10904''; and
       (B) by striking ``10903(b)(2)'' in subsection (f) and 
     inserting in lieu thereof ``10903(b)(3)''; and
       (5) by inserting after section 712 the following new 
     section:


           ``class ii railroads receiving federal assistance

       ``Sec. 713. The Surface Transportation Board shall impose 
     no labor protection conditions in approving an application 
     under section 10902 of title 49, United States Code, when the 
     application involves a Class II rail carrier which--
       ``(1) is headquartered in a State, and operates in at least 
     one State, with a population of less than 1,000,000 persons, 
     as determined by the 1990 census; and
       ``(2) has, as of January 1, 1996, been a recipient of 
     repayable Federal Railroad Administration assistance in 
     excess of $5,000,000.''.

     SEC. 328. MILWAUKEE RAILROAD RESTRUCTURING ACT AMENDMENT.

       Section 18 of the Milwaukee Railroad Restructuring Act (45 
     U.S.C. 916) is repealed.

     SEC. 329. ROCK ISLAND RAILROAD TRANSITION AND EMPLOYEE 
                   ASSISTANCE ACT AMENDMENTS.

       The Rock Island Railroad Transition and Employee Assistance 
     Act is amended--
       (1) in section 104(a) (45 U.S.C. 1003(a)) by striking 
     ``section 11125 of title 49, United States Code, or''; and
       (2) by striking section 120 (45 U.S.C. 1015).

     SEC. 330. RAILROAD REVITALIZATION AND REGULATORY REFORM ACT 
                   OF 1976 AMENDMENTS.

       The Railroad Revitalization and Regulatory Reform Act of 
     1976 is amended--
       (1) in section 102(7) (45 U.S.C. 802(7)) by striking 
     ``common carrier by railroad or express, as defined in 
     section 1(3) of the Interstate Commerce Act (49 U.S.C. 
     1(3))'' and inserting in lieu thereof ``rail carrier subject 
     to part A of subtitle IV of title 49, United States Code'';
       (2) in section 505(a)(3) (45 U.S.C. 825(a)(3))--
       (A) by striking ``A financially responsible person (as 
     defined in section 10910(a)(1) of title 49, United States 
     Code)'' and inserting in lieu thereof ``(A) A financially 
     responsible person''; and
       (B) by inserting at the end the following new subparagraph:
       ``(B) For purposes of this paragraph, the term `financially 
     responsible person' means a person who (i) is capable of 
     paying the constitutional minimum value of the railroad line 
     proposed to be acquired, and (ii) is able to assure that 
     adequate transportation will be provided over such line for a 
     period of not less than 3 years. Such term includes a 
     governmental authority but does not include a class I or 
     class II rail carrier.'';
       (3) in section 509(b) (45 U.S.C. 829(b)) by striking 
     paragraph (2); and
       (4) in section 510 (45 U.S.C. 830) by striking ``the 
     provisions of section 20a of the Interstate Commerce Act (49 
     U.S.C. 20a), nor''.

     SEC. 331. NORTHEAST RAIL SERVICE ACT OF 1981 AMENDMENTS.

       The Northeast Rail Service Act of 1981 is amended in 
     section 1164 (45 U.S.C. 1112) by striking ``11344 or 11345'' 
     each place it appears and inserting in lieu thereof ``11324 
     or 11325''.

     SEC. 332. CONRAIL PRIVATIZATION ACT AMENDMENT.

       Section 4036 of the Conrail Privatization Act (45 U.S.C. 
     1344) is amended by striking ``(19)''.

     SEC. 333. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION 
                   ACT AMENDMENTS.

       Section 401(b)(2)(C) of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1841(b)(2)(C)) 
     is amended by striking ``part II of the Interstate Commerce 
     Act (49 U.S.C. 301 et seq.), or any successor provision of'' 
     and inserting in lieu thereof ``part B of''.

     SEC. 334. FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT 
                   OF 1994.

       Section 601(d) of the Federal Aviation Administration 
     Authorization Act of 1994 (Public Law 103-305) is repealed.

     SEC. 335. TERMINATION OF CERTAIN MARITIME AUTHORITY.

       (a) Repeal of Intercoastal Shipping Act, 1933.--The 
     Intercoastal Shipping Act, 1933 (46 U.S.C. App. 843 et seq.) 
     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).
       (c) Conforming Amendments.--
       (1) Merchant marine act, 1936.--Section 204(a) of the 
     Merchant Marine Act, 1936 (46 U.S.C. App. 1114(a)) is amended 
     by striking ``the Intercoastal Shipping Act, 1933,''.
       (2) Shipping act of 1984.--Section 5(e) of the Shipping Act 
     of 1984 (46 U.S.C. App. 1704(e)) is amended--
       (A) by striking ``This Act, the Shipping Act, 1916, and the 
     Intercoastal Shipping Act, 1933,'' and inserting ``This Act 
     and the Shipping Act, 1916''; and
       (B) by striking ``this Act, the Shipping Act, 1916, or the 
     Intercoastal Shipping Act, 1933,'' and inserting ``this Act 
     or the Shipping Act, 1916''.

     SEC. 336. ARMORED CAR INDUSTRY RECIPROCITY ACT OF 1993 
                   AMENDMENTS.

       Section 5(2) of the Armored Car Industry Reciprocity Act of 
     1993 (15 U.S.C. 5904) is amended--
       (1) by striking ``subchapter II of chapter 105'' and 
     inserting in lieu thereof ``subchapter I of chapter 135''; 
     and
       (2) by striking ``holding the appropriate certificate, 
     permit, or license issued under subchapter II of chapter 
     109'' and inserting in lieu thereof ``is registered under 
     chapter 139''.

     SEC. 337. LABOR MANAGEMENT RELATIONS ACT, 1947 AMENDMENT.

       Section 302(b)(2) of the Labor Management Relations Act, 
     1947 (29 U.S.C. 186(b)(2)) is amended by striking the 
     parenthetical phrase and inserting in lieu thereof ``(as 
     defined in section 13102 of title 49, United States Code)''.

     SEC. 338. INLANDS WATERWAY REVENUE ACT OF 1978 AMENDMENT.

       Section 205(f)(1) of the Inlands Waterway Revenue Act of 
     1978 (33 U.S.C. 1803(f)(1)) is amended by striking ``as set 
     forth'' and all that follows through the period at the end 
     and inserting in lieu thereof ``as set forth in sections 
     10101 and 13101 of title 49, United States Code.''.

     SEC. 339. NOISE CONTROL ACT OF 1972 AMENDMENT.

       Section 18(d) of the Noise Control Act of 1972 (42 U.S.C. 
     4917(d)) is amended to read as follows:
       ``(d) For purposes of this section, the term `motor 
     carrier' includes a motor carrier and motor private carrier 
     as those terms are defined in section 13102 of title 49, 
     United States Code.''.

     SEC. 340. FAIR LABOR STANDARDS ACT OF 1938 AMENDMENT.

       Section 13(b)(2) of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 213(b)(2)) is amended by striking ``common carrier 
     by rail and subject to the provisions of part I of the 
     Interstate Commerce Act'' and inserting in lieu thereof 
     ``rail carrier subject to part A of subtitle IV of title 49, 
     United States Code''.
                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. CERTAIN COMMERCIAL SPACE LAUNCH ACTIVITIES.

       The licensing of a launch vehicle or launch site operator 
     (including any amendment, extension, or renewal 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. 402. DESTRUCTION OF MOTOR VEHICLES OR MOTOR VEHICLE 
                   FACILITIES; WRECKING TRAINS.

       (a) Destruction of Motor Vehicles or Motor Vehicle 
     Facilities.--Section 33 of title 18, United States Code, is 
     amended--
       (1) by inserting ``(a)'' before ``Whoever'' the first place 
     it appears; and
       (2) by adding at the end the following:
       ``(b) Whoever is convicted of a violation of subsection (a) 
     involving a motor vehicle that, at the time the violation 
     occurred, carried high-level radioactive waste (as that term 
     is defined in section 2(12) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101(12))) or spent nuclear fuel (as that 
     term is defined in section 2(23) of the Nuclear Waste Policy 
     Act of 1982 (42 U.S.C. 10101(23))), shall be fined under this 
     title and imprisoned for any term of years not less than 30, 
     or for life.''.
       (b) Wrecking Trains.--Section 1992 of such title is 
     amended--
       (1) by inserting ``(a)'' before ``Whoever'' the first place 
     it appears;
       (2) by inserting ``(b)'' before ``Whoever is convicted'';
       (3) striking ``any such crime, which'' and inserting ``a 
     violation of subsection (a) that'';
       (4) by inserting after the paragraph beginning ``Whoever is 
     convicted'' the following:
       ``Whoever is convicted of any such violation involving a 
     train that, at the time the violation occurred, carried high-
     level radioactive waste (as that term is defined in section 
     2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10101(12))) or spent nuclear fuel (as that term is defined in 
     section 2(23) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10101(23))), shall be fined under this title and 
     imprisoned for any term or years not less than 30, or for 
     life.''; and
     
[[Page H15035]]

       (5) by inserting ``(c)'' before ``A judgment''.

     SEC. 403. VIOLATION OF GRADE-CROSSING LAWS AND REGULATIONS.

       (a) Federal Regulations.--Section 31310 of title 49, United 
     States Code, 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, 
     authorizes, 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 1 year after the date of the enactment 
     of this Act.
       (c) State Regulations.--Section 31311(a) of title 49, 
     Untied States Code, 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.''.

     SEC. 404. MISCELLANEOUS TITLE 23 AMENDMENTS.

       Section 127 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(g) Operation of Certain Specialized Hauling Vehicles on 
     Certain Pennsylvania Highways.--If the segment of United 
     States Route 220 between Bedford and Bald Eagle, 
     Pennsylvania, is designated as part of the Interstate System, 
     the single axle weight, tandem axle weight, gross vehicle 
     weight, and bridge formula limits set forth in subsection (a) 
     shall not apply to that segment with respect to the operation 
     of any vehicle which could have legally operated on that 
     segment before the date of the enactment of this 
     subsection.''.

     SEC. 405. TECHNICAL AMENDMENTS.

       (a) NHS Designation Act.--Effective November 28, 1995, the 
     National Highway System Designation Act of 1995 (Public Law 
     104-59) is amended--
       (1) in section 312(b) (109 Stat. 584) by striking ``of such 
     title'' and inserting in lieu thereof ``of title 23, United 
     States Code'';
       (2) in section 319(b)(3) (109 Stat. 589) by striking ``at 
     the end'' and inserting in lieu thereof ``after paragraph 
     (3)'';
       (3) in section 332(a)(1)(C)(iii) (109 Stat. 596) by 
     inserting closing quotation marks after ``Mexico'';
       (4) in section 336(1) (109 Stat. 602)--
       (A) by striking ``for'' each place it appears; and
       (B) by inserting ``for'' after ``million'' each place it 
     appears; and
       (5) by inserting closing quotation marks and a period after 
     the period at the end of section 337(c)(1)(B) (109 Stat. 
     603).
       (b) Title 23.--Section 149(b) of title 23, United States 
     Code, is amended--
       (1) by inserting ``or'' after the semicolon at the end of 
     paragraph (3); and
       (2) by striking ``; or'' at the end of paragraph (4) and 
     inserting a period.
       (c) ISTEA.--Section 1069(v) of the International Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2010) is 
     amended by striking the period at the end of the first 
     sentence.

     SEC. 406. 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 the 
     enactment of this Act authorizing the continued use of fiber 
     drum packaging with a removable head for the transportation 
     of liquid hazardous materials with respect to those liquid 
     hazardous materials transported by such drums pursuant to 
     regulations in effect on September 30, 1991, if--
       (1) the packaging is in compliance with regulations of the 
     Secretary under the Hazardous Materials Transportation Act as 
     in effect on September 30, 1991; and
       (2) the packaging will not be used for the transportation 
     of hazardous materials that include materials which are 
     poisonous by inhalation or materials in Packing Groups I and 
     II.
       (b) Expiration.--The regulation referred to in subsection 
     (a) shall expire on the later of September 30, 1997, or the 
     date on which funds are authorized to be appropriated to 
     carry out chapter 51 of title 49, United States Code 
     (relating to transportation of hazardous materials), for 
     fiscal years beginning after September 30, 1997.
       (c) Study.--
       (1) In general.--Within 90 days after the date of the 
     enactment of this Act, the Secretary shall contract with the 
     National Academy of Sciences to conduct a study--
       (A) to determine whether the requirements of section 
     5103(b) of title 49, United States Code (relating to 
     regulations for safe transportation), as they pertain to 
     fiber drum packaging with a removable head can be met for the 
     transportation of liquid hazardous materials (with respect to 
     those liquid hazardous materials transported by such drums 
     pursuant to regulations in effect on September 30, 1991) with 
     standards (including fiber drum industry standards set forth 
     in a June 8, 1992, exemption application submitted to the 
     Department of Transportation), other than the performance-
     oriented packaging standards adopted under docket number HM-
     181 contained in part 178 of title 49, Code of Federal 
     Regulations; and
       (B) to determine whether a packaging standard (including 
     such fiber drum industry standards), other than such 
     performance-oriented packaging standards, will provide an 
     equal or greater level of safety for the transportation of 
     liquid hazardous materials than would be provided if such 
     performance-oriented packaging standards were in effect.
       (2) Completion.--The study shall be completed before March 
     1, 1997 and shall be transmitted to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Transportation and Infrastructure Committee of the House of 
     Representatives.
       (d) Secretarial Action.--By September 30, 1997, the 
     Secretary shall issue final regulations to determine what 
     standards should apply to fiber drum packaging with a 
     removable head for transportation of liquid hazardous 
     materials (with respect to those liquid hazardous materials 
     transported by such drums pursuant to regulations in effect 
     on September 30, 1991) after September 30, 1997. In issuing 
     such regulations, the Secretary shall give full and 
     substantial consideration to the results of the study 
     conducted in subsection (c).

     SEC. 407. NONCONTIGUOUS DOMESTIC TRADE STUDY.

       Within 6 months after the effective date of this Act, the 
     Secretary of Transportation shall transmit to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a study that analyzes each of the 
     noncontiguous domestic trades, including analyzing--
       (1) carrier competition in both regulated and unregulated 
     portions of those trades;
       (2) rate structures in those trades;
       (3) the impact of tariff filing on carrier pricing;
       (4) the problems of parallel pricing and its impact on 
     competition in the domestic trades;
       (5) the impact on domestic cargo pricing of foreign cargo 
     services;
       (6) whether additional protections are needed to protect 
     shippers from the abuse of market power; and
       (7) the extent to which statutory or regulatory changes 
     should be made to further the transportation policy of 
     section 13101 of title 49, United States Code.

     SEC. 408. 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 pertaining to 
     commercial motor vehicle motor vehicle safety (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 1 year after issuance of the advance notice 
     under subsection (a) is published and shall issue a final 
     rule dealing with those issues within 2 years after the last 
     day of such 1-year period.
       And the Senate agree to the same.

     From the Committee on Transportation and Infrastructure, for 
     consideration of the House bill, and the Senate amendment, 
     and modifications committed to conference:
     Bud Shuster,
     Bill Clinger,
     Tom Petri,
     Howard Coble,
     Susan Molinari,
     Nick Rahall,
     As additional conferees from the Committee on the Judiciary, 
     for consideration of the House bill, and the Senate 
     amendment, and modifications committed to conference:
     Henry Hyde,
     Carlos J. Moorhead,
                                Managers on the Part of the House.

     Larry Pressler,
     Ted Stevens,
     Conrad Burns,
     Trent Lott,
     Kay Bailey Hutchison,
     John Ashcroft,
     Fritz Hollings,
     Daniel K. Inouye,
     J.J. Exon,
     Jay Rockefeller,
     John Breaux,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2539) to abolish 
     the Interstate Commerce Commission, to amend subtitle IV of 
     title 49, United States Code, to reform economic regulation 
     of transportation, and for other purposes, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clerical 
     changes.
     
[[Page H15036]]


                Section-by-Section Analysis of H.R. 2539

          Title I--Abolition of Interstate Commerce Commission

     SECTION 101. ABOLITION.

     House provision
       This section abolishes the Interstate Commerce Commission 
     upon enactment.
     Senate amendment
       This section would terminate the ICC upon the transfer of 
     its remaining functions to the Board and the Secretary, on 
     January 1, 1996. It would terminate the FMC one year later, 
     on January 1, 1997 and transfer its remaining functions to 
     the new Board.
     Conference amendment
       The conference terminates the ICC and transfers remaining 
     functions to a new Surface Transportation Board and the 
     Secretary effective January 1, 1996.

     SEC. 102. RAIL PROVISIONS.

       This section rewrites the rail portions of subtitle IV of 
     Title 49, United States Code (Interstate Commerce Act) as 
     follows:


                 SUBTITLE IV--INTERSTATE TRANSPORTATION

                              Part A--Rail

                    Chapter 101--General Provisions

     SEC. 10101. RAIL TRANSPORTATION POLICY.

     House provision
       This provision integrates the relevant portion of former 
     Section 10101 (general national transportation policy) and 
     former Section 10101a (rail transportation policy). The 
     changes to the content of the rail transportation policy are 
     to conform to the abolition of minimum rate jurisdiction.
     Senate amendment
       Section 302 (Rail Transportation Policy) amends 49 U.S.C. 
     10101a, which states the rail transportation policy, to add 
     an additional national policy goal of providing for 
     expeditious handling and resolution of all proceedings 
     required or permitted to be brought under the provisions of 
     this subtitle. The provision recognizes that timely action by 
     the Board is necessary, particularly when providing remedies 
     to protect captive shippers against market abuse.
     Conference substitute
       The Conference provision integrates all policy goals into a 
     single rail transportation policy. It retains relevant prior 
     policy goals, while adding the additional goal of providing 
     expeditious administrative remedies.

     SEC. 10102. DEFINITIONS.

     House provision
       The amended definitions delete several terms rendered 
     redundant in light of the abolition of regulatory 
     jurisdiction over express and sleeping car companies. Unlike 
     the former Section 10102, the definitions are confined 
     entirely to terms relevant to railroad provisions.
     Senate amendment
       Section 303 (Definitions) amends 49 U.S.C. 10102, which 
     defines terms used in rail provisions to remove terms that 
     are not pertinent, to update and clarify the term ``rail 
     carrier'', and to remove references to passenger 
     transportation.
     Conference substitute
       This provision integrates changes common to both House and 
     Senate provisions to reflect reductions in regulatory 
     jurisdiction. To reflect the reorganization of all rail 
     provisions into a separate part, non-rail definitions have 
     been deleted. To clarify that only providers of rail 
     transportation for compensation are within the scope of the 
     statute, the definition of ``rail carrier'' is limited to 
     persons providing common carrier rail transportation.

                       Chapter 105--Jurisdiction

     SEC. 10501. GENERAL JURISDICTION.

     House provision
       This provision (Section 10301) replaces the railroad 
     portion of former Section 10501. Conforming changes are made 
     to reflect the direct preemption of State economic regulation 
     of railroads.
     Senate amendment
       Section 304 (General Jurisdiction) amends 49 U.S.C. 10501, 
     which establishes jurisdiction over rail and pipeline 
     transportation and intermodal rail-water or pipeline-water 
     transportation in several respects. The exclusive nature of 
     the Board's regulatory authority would be clarified. The 
     Board's rail jurisdiction would be limited to freight 
     transportation, because rail passenger transportation today 
     (other than service by Amtrak, which is not regulated under 
     the Interstate Commerce Act) is now purely local or regional 
     in nature and should be regulated (if at all) at that level. 
     Outdated references to express and sleeping car carriers, 
     which no longer exist, would be removed. References to the 
     regulation of intrastate rail transportation would be 
     updated.
     Conference substitute
       This provision adopted by the Conference changes the 
     statement of agency jurisdiction to reflect curtailment of 
     regulatory jurisdiction in areas such as passenger 
     transportation. In light of the exclusive Federal authority 
     over auxiliary tracks and facilities, this subject in 
     integrated into the statement of general jurisdiction. This 
     section also clarifies that, although regulation of passenger 
     transportation is generally eliminated, public transportation 
     authorities that meet the existing criteria for being rail 
     carriers may invoke the terminal area and reciprocal 
     switching access remedies of section 11102 and 11103.
       Also integrated into the statement of general jurisdiction 
     is the delineation of the exclusivity of Federal remedies 
     with respect to the regulation of rail transportation. Former 
     section 10103 dealt with remedies in all modes of 
     transportation regulated by the ICC, but since 1980, former 
     section 10501(d) and 11501(b), with respect to rail 
     transportation, had already replaced the former standard of 
     cumulative remedies with an exclusive Federal standard, in 
     order to assure uniform administration of the regulatory 
     standards of the Staggers Act. The Conference provision 
     retains this general rule, while clarifying that the 
     exclusivity is limited to remedies with respect to rail 
     regulation--not State and Federal law generally. For example, 
     criminal statutes governing antitrust matters not pre-empted 
     by this Act, and laws defining such criminal offenses as 
     bribery and extortion, remain fully applicable unless 
     specifically displaced, because they do not generally collide 
     with the scheme of economic regulation (and deregulation) of 
     rail transportation.

     SEC. 10502. AUTHORITY TO EXEMPT RAIL CARRIER TRANSPORTATION.

     House provision
       This provision replaces the railroad portions of former 
     section 10505. The basic criteria for exemption--a crucially 
     important delegated power to expand existing statutory 
     deregulation through administrative action--remain as in 
     prior law. However, the new provision sets a 90-day time 
     limit on the agency's decision to initiate a requested 
     exemption proceeding, and a one-year statutory limit on 
     completion of any ensuring rail exemption proceeding. The new 
     provision also eliminates former restrictions on use of the 
     exemption power in matters relating to intermodal ownership. 
     The new provision also emphasizes in subsection (a) the 
     Staggers Act policy that the exemption power should be 
     utilized to the maximum extent consistent with applicable law 
     and policy.
     Senate amendment
       Section 306 (Authority to Exempt Rail Carrier and Motor 
     Carrier Transportation) amends 49 U.S.C. 10505, which 
     authorizes discretionary exemptions from the application of 
     statutory provisions to comport with the scope of this part, 
     by excluding entities and matters not regulated under Part A 
     and by embracing pipeline carriage. The exemption authority 
     is further modified to afford the Board flexibility to change 
     the way in which a provision applies (and not simply whether 
     it applies) through exemption.
       A 180-day time limit would be imposed for decisions to 
     grant or revoke an exemption, in response to concerns that 
     both exemption applications and revocation applications have 
     not been processed with sufficient expedition. The revocation 
     provision is also clarified, by directing the Board to revoke 
     an exemption to the extent that regulation is needed and by 
     directing the Board to consider the availability of other 
     economic transportation alternatives, among other factors. In 
     considering monetary damages upon revocation of an exemption, 
     the Board is directed to take into account any dilatory 
     railroad practices. Outdated restrictions against intermodal 
     ownership would be removed.
     Conference substitute
       The Conference provision combines the general standards and 
     directives of the House bill with the accountability and time 
     limit features of the House bill and Senate amendment. In 
     responding to either a request to issue an exemption or to 
     revoke one, the Board must determine within 90 days whether 
     to conduct a proceeding as requested. If a denied request 
     involves a class exemption, a public explanation of the 
     denial must be given in the Federal Register. Any proceeding 
     to grant or revoke an exemption must be completed within 9 
     months of the initiation of the proceeding.
       The Conference recognizes that in the exemption context, as 
     well as in other areas of the Board's jurisdiction, 
     situations may arise in which irreparable harm is threatened 
     and immediate action therefore required. The agency's 
     previously established implied power to grant administrative 
     injunctive relief has now been codified in section 721(b)(4). 
     It is the Conference's intent that this power should be fully 
     available to address situations involving imminent threats of 
     irreparable harm in the exemption context and elsewhere.
       While the Conference supports the current practice of 
     granting exemptions from regulation when regulation is not 
     needed to carry out the national transportation policy or 
     protect against market abuse, the Conference is equally 
     concerned that requests to revoke exemptions by given careful 
     consideration by the Board. When considering a revocation 
     request, the Board should continue to require demonstrated 
     abuse of market power that can be remedied only by 
     reimposition of regulation or that regulation is needed to 
     carry out the national transportation policy. The Conference 
     expects the Board to examine all competitive transportation 
     factors that restrain rail carriers' actions and that affect 
     the market for transportation of the particular commodity or 
     type of service for which revocation has been requested. The 
     concern reflected in the Senate amendment regarding dilatory 
     tactics is addressed in section 10704.
     
[[Page H15037]]


                           Chapter 107--Rates

     SEC. 10701. STANDARDS FOR RATES, CLASSIFICATIONS, THROUGH 
                   ROUTES, RULES, AND PRACTICES.

     House provision
       This provision replaces the rail portions of former section 
     10701. It retains the basic Staggers Act standards for 
     evaluating reasonableness of rail rates, including criteria 
     related to market dominance and the need for rail carriers to 
     earn adequate revenues. Subsection (d)(3) requires the agency 
     to complete within one year after enactment the pending ICC 
     proceeding to establish non-coal rate guidelines aimed at 
     providing simplified evidentiary standards for rate-
     reasonableness proceedings.
     Senate amendment
       Section 307 (Standards for Rates, Classifications, Etc.) 
     amends 49 U.S.C. 10701, which requires that a carrier's 
     classifications, rules, practices, through routes, and 
     divisions of joint rates be reasonable, that pipeline rates 
     also be reasonable, and that rates (of both rail and pipeline 
     carriers) not unreasonably discriminate against connecting 
     carriers, to remove provisions addressed to entities not 
     regulated under Part A.
       Section 308 (Standards for Rates for Rail Carriers) amends 
     49 U.S.C. 10701a, which requires that rail rates be 
     reasonable if the carrier has market dominance over the 
     transportation involved, to impose time limits on the Board's 
     handling of rate reasonableness cases (and to make other 
     changes of a conforming nature). It requires the Board to 
     complete the pending Non-Coal Rate Guidelines proceeding to 
     establish, within 1 year, a simplified method to be used 
     where a full stand-alone cost presentation is impractical. 
     Within 6 months, the Board is required to establish 
     procedures for expenditiously processing rate cases. It would 
     be required to decide individual rate complaints within 6 
     months after the close of the administrative record in cases 
     in which a stand-alone cost presentation is made, and within 
     3 months after the close of the record in cases using the 
     simplified methodology the bill directs the Board to adopt.
     Conference substitute
       The Conference provision is confined to rail transportation 
     only, to reflect the reorganization of the statute into 
     separate parts for each mode of transportation. It also 
     integrates into the general statement of the rule of rate 
     reasonableness the ``Long-Cannon amendment'' decisional 
     factors enacted as part of the Staggers Act in former section 
     10707a.
       The provision also retains the obligation stated in the 
     House bill and Senate amendment for the agency to complete 
     within one year the long-pending non-coal rate guidelines 
     proceeding, which is aimed at providing simplified and more 
     cost-effective evidentiary standards for rate-reasonableness 
     cases. The decisional time limits and procedural requirements 
     reflected in the Senate amendment are addressed in section 
     10704. To replace the prior power to suspend and investigate 
     rates under former section 10707, the new Board is 
     specifically empowered under section 721(b)(4) to grant 
     administrative injunctive relief to address imminent threats 
     of irreparable harm.

     SEC. 10702. AUTHORITY FOR RAIL CARRIERS TO ESTABLISH RATES, 
                   CLASSIFICATIONS, RULES, AND PRACTICES.

     House provision
       This provision (section 10502) replaces and retains the 
     rail portion of former section 10702 regarding the duty of 
     rail carriers to establish rates (including joint rates), 
     classifications, rules, and practices governing the rail 
     transportation they provide.
     Senate amendment
       Section 309 (Authority for Carriers to Establish Rates, 
     Classifications, Etc.) amends 49 U.S.C. 10702, which states a 
     carrier's right to establish its own rates, classifications, 
     rules, and practices to remove unnecessary language and 
     provisions regarding entities not regulated under this part.
     Conference substitute
       The Conference provision retains the basic standards from 
     both House and Senate provisions.

     SEC. 10703. AUTHORITY FOR RAIL CARRIERS TO ESTABLISH THROUGH 
                   ROUTES.

     House provision
       This section (10503) replaces rail portions of former 
     section 10703, retaining the duty of rail carriers to 
     establish through (connecting) routes, and to provide 
     reasonable facilities and compensation for furnished 
     facilities.
     Senate amendment
       Section 310 (Authority for Carriers to Establish Through 
     Routes) amends 49 U.S.C. 10703, which directs rail and 
     pipeline carriers to establish through routes with other such 
     carriers, and also directs rail carriers to establish through 
     routes with water common carriers, to remove provisions 
     regarding entities not regulated under Part A and to make 
     other conforming changes.
     Conference substitute
       The Conference provision retains the basic obligation of 
     rail carriers to maintain through routes with other rail 
     carriers, and with water carriers. However, in light of 
     reductions in regulation of water carriers, the rail 
     carriers' obligation toward water carriers is limited to 
     water carriers subject to chapter 137. In addition, the 
     Conference provision replaces the detailed requirements of 
     former section 10503 with respect to rail-water connections 
     and rates with a general obligation to maintain physical 
     connections between rail carriers and water carriers of the 
     type described above.

     SEC. 10704. AUTHORITY AND CRITERIA: RATES, CLASSIFICATIONS, 
                   RULES AND PRACTICES ESTABLISHED BY THE BOARD.

     House provision
       This section (10504) replaces the rail portions of former 
     section 10704. It retains for the new agency the former ICC 
     authority to review and order changes in rates, 
     classifications, rules, and practices and to prescribe such 
     matters.
     Senate amendment
       Section 311 (Authority and Criteria for Prescribed Rates, 
     Classifications, Etc.) amends 49 U.S.C. 10704, under which 
     rates, classifications, rules, and practices can be 
     prescribed to correct violations of the statute in various 
     respects. Most significantly, the Board's authority to review 
     the reasonableness of a rate, classification, rule, or 
     practice is limited to instances where it receives a 
     complaint. An unnecessary restatement of requirements for a 
     complaint is removed. A provision to protect existing rate 
     relationships between commodities, ports, or geographic areas 
     is also removed.
       A long-past initial deadline for establishing railroad 
     revenue adequacy standards and an unnecessary statement of 
     the Board's authority to revisit that standard is removed. A 
     similar initial deadline for annually determining which rail 
     carriers are earning adequate revenues is also removed. 
     Finally, provisions regarding entities not regulated under 
     this part, and other unnecessary language are removed, and 
     conforming changes are also made.
     Conference substitute
       This provision retains the revisions and limitations of the 
     House and Senate provisions. In addition, it includes the 
     procedural deadlines of section 308 of the Senate amendment 
     for rate-reasonableness proceedings, but with certain 
     modifications. In rate-reasonableness proceedings using the 
     stand-alone cost evidentiary standards, the proceeding must 
     be concluded within 9 months after the close of the record; 
     for proceedings utilizing the simplified methodology to be 
     developed in non-coal rate guidelines proceeding, the 
     agency's decision would have to be rendered within 6 months 
     after the close of the record.
       This section also incorporates with modifications portions 
     of section 308 of the Senate amendment dealing with assurance 
     of expeditious procedures for the handling of rate-
     reasonableness cases. Specifically, the agency is required 
     within 9 months of the date of enactment to establish 
     procedures to ensure expeditious handling of cases of this 
     type. The scope of the procedures has been enlarged to 
     include provision for sanctions to be imposed for dilatory 
     tactics in rate cases and revocation proceedings.

     SEC. 10705. AUTHORITY: THROUGH ROUTES, JOINT CLASSIFICATIONS, 
                   RATES, AND DIVISIONS PRESCRIBED BY THE BOARD.

     House provision
       This section (10505) replaces rail portions of former 
     Section 10705 and maintains the existing regulatory authority 
     over inter-carrier dealings consisting of joint rates, the 
     divisions (revenue splitting) of such rates, and 
     classifications.
     Senate amendment
       Section 312 (Authority for Prescribed Through Routes, Joint 
     Classifications, Etc.) amends 49 U.S.C. 10705, under which 
     through routes (and the conditions under which they must be 
     operated) and joint rates (and the division of the joint rate 
     received by each participating carrier) can be prescribed in 
     several respects. A reference to tariffs is replaced with a 
     reference to proposed rate changes, given that tariff 
     requirements are eliminated for most transportation.
       Provisions regarding carriers not regulated under this part 
     would be removed, as would unnecessary language. Other 
     conforming changes reflect the removal of authority to 
     investigate a proposed rate on the agency's own initiative 
     and the removal of Federal regulatory authority over rail 
     passenger transportation.
     Conference substitute
       This provision retains the basic powers of the agency to 
     prescribe joint rates, divisions, and related matters, with 
     modifications and conforming changes from the House bill and 
     the Senate amendment.

     SEC. 10706. RATE AGREEMENT: EXEMPTION FROM ANTITRUST LAWS.

     House provision
       In replacing the rail portions of former Section 10706, 
     this provision (10506) maintains the existing system of 
     approval of multi-carrier ratemaking agreements and scope of 
     immunity, once approved by the agency, from challenge under 
     the antitrust laws.
     Senate amendment
       Section 313 (Antitrust Exemption for Rate Agreements) 
     amends 49 U.S.C. 10706, which allows discretionary approval 
     of certain collective activity by carriers and confers 
     antitrust immunity on such approved activity. It removes as 
     unnecessary a requirement for periodic review of approvals 
     granted for collective activities. This change would not 
     affect the Board's authority to reconsider an approval at any 
     time as the need arises. Similarly, it removes a requirement 
     for the Federal Trade Commission, in consultation 

[[Page H15038]]
     with the Antitrust Division of the Department of Justice, to 
     periodically assess (and report to the Board on) collective 
     activity authorized by the Board. Such assessments and 
     reports may be made at any time.
       Other changes remove expired provisions, remove provisions 
     regarding entities not regulated under Part A, correct a 
     typographical error, supply an actual date, and make 
     conforming changes.
     Conference substitute
       The Conference provision incorporates changes from House 
     bill and the Senate amendment. It retains the requirement for 
     monitoring by the Department of Justice and the Federal Trade 
     Commission.

     SEC. 10707. DETERMINATION OF MARKET DOMINANCE IN RAIL RATE 
                   PROCEEDINGS.

     House provision
       This provision (10507), which replaces former section 
     10709, retains the Staggers Act criteria for evaluating the 
     market dominance (absence of effective competition) of a rail 
     carrier when a rail rate is challenged as unreasonably high. 
     Language dealing with minimum rate regulation is deleted as 
     unnecessary.
     Senate amendment
       Section 317 (Determination of Market Dominance) amends 49 
     U.S.C. 10709 which governs the determination of whether a 
     carrier has market dominance over traffic and thus whether 
     the rates for that traffic are subject to the maximum rate 
     regulation in several respects. To clarify Congressional 
     intent regarding market dominance, the Board is directed to 
     consider the availability of other economic transportation 
     alternatives. The cost-recovery percentage, which was meant 
     to serve as an adjustable jurisdictional floor, is removed 
     because as a practical matter it has not been capable of 
     calculation due to data limitations. In addition, the phase-
     in of the revenue-variable cost percentage floor for market 
     dominance is deleted the phase-in has already served its 
     purpose of dampening the precipitousness of rate increases 
     prompted by the Staggers Rail Act of 1980. Finally, 
     conforming changes are made.
     Conference substitute
       The Conference provision retains the present jurisdictional 
     market-dominance standard. References to the ICC's former 
     cost-accounting system are replaced with references to the 
     current Uniform Rail Costing System (URCS). Modernizing and 
     conforming changes from the Senate amendment are also 
     incorporated.
       Although the conference provision does not disturb the 
     existing statutory standard or the current agency regulations 
     implementing the market-dominance standard, the Conference 
     recognizes that the agency has broad discretion to consider 
     additional factors such as the availability of other forms of 
     transportation and other economic alternatives, and to revise 
     and supplement its existing standards and regulations as 
     appropriate.

     SEC. 10708. RAIL COST ADJUSTMENT FACTOR.

     House provision
       This provision (10508) retains the former ICC authority 
     under former section 10712 to compute and publish a quarterly 
     inflation cost index to reflect rises in railroad costs. The 
     Committee is aware that, since the advent of the critically 
     important Staggers Act authority for rail carriers and 
     shippers to conduct their commercial relationships under 
     confidential rate contracts, the common carrier regulatory 
     regime for railroad rates has been relegated to a role as a 
     backstop or safety net for use when commercial negotiation 
     cannot produce a satisfactory carrier-shipper relationship. 
     The cost index information and the related rail cost 
     adjustment factor (RCAF) play an important role in the 
     contractual relationships between shippers and carriers--
     particularly long-term contracts--by establishing a neutral 
     and authoritative benchmark for inflation-based escalation of 
     rates during the life of the contract.
     Senate amendment
       Section 315 (Zone of Rail Carrier Rate Flexibility) amends 
     49 U.S.C. 10707a, which establishes a zone of rate 
     flexibility (ZORF) that gives carriers limited freedom to 
     increase rates with immunity from suspension or ICC-
     instituted investigations. The ZORF itself would be removed, 
     because it has outlived its usefulness. However, the so-
     called Long-Cannon Factors to be considered when evaluating 
     the reasonableness of rates would be retained, along with 
     criteria for investigating a proposed rate increase. In 
     addition, language would be clarified, a date that has 
     already been complied with would be removed, and reference to 
     a repealed provision would be removed.
     Conference substitute
       The Conference provision retains the Rail Cost Adjustment 
     Factor with clarifying language from the House bill, and 
     eliminates the Zone of Rate Flexibility as provided in the 
     Senate amendment. The Long-Cannon factors bearing on rate-
     reasonableness determinations have been relocated to new 
     section 10701.

     SEC. 10709. CONTRACTS.

     House provision
       This provision (10509) replaces former section 10713. It 
     retains the Staggers Act's very successful encouragement and 
     legal authorization of customized and confidential rate 
     contracts between shippers and carriers, including the 
     immunity of contracts from challenge under common-carrier 
     rate-reasonableness standards. This section eliminates the 
     very limited and seldom utilized complaint procedures for 
     certain types of rate contracts, as well as the obligation to 
     file summaries of contracts with the regulatory agency. The 
     elimination of the filing requirement is consistent with the 
     bill's elimination of common carrier tariff filing as the 
     single lawful means of quoting and disseminating rates 
     (prices). This section also corrects an oversight in the 
     original Staggers Act provision by clarifying that rate 
     contract information is not only confidential, but is also 
     protected against disclosure under the Freedom of Information 
     Act. The provision replaces the administrative complaint 
     remedies formerly available by statutory directive with 
     equivalent agency regulations.
     Senate amendment
       Section 318 (Contracts) amends 49 U.S.C. 10713, which 
     authorizes rail carriers to enter into contracts for 
     transportation that are thereby removed from regulation, to 
     retain the filing requirements for, and regulatory 
     restrictions upon, rail transportation contracts only for 
     agricultural products. Except as to those commodities, the 
     contract limitations represent unneeded and unduly burdensome 
     regulation, particularly given the elimination of tariffs for 
     other traffic. Any egregious equipment and discrimination 
     concerns could be brought to the Board under other remaining 
     statutory provisions.
       In the case of agricultural commodity contracts, only a 
     contract summary, and not the contract itself, would be 
     filed. In other respects, jurisdiction over agricultural 
     commodity contracts remain as under the Staggers Act. The 
     purpose for retaining this jurisdiction is primarily due to 
     concerns brought before the Committee about enforcement of 
     the common carrier obligation.
       The amendments also clarify that, in the absence of 
     tariffs, a rate is immune from regulation only if the shipper 
     had expressly waived its regulatory rights and remedies. The 
     Railroad Contract Rate Advisory Service is removed in light 
     of the Board's budgetary constraints. Unnecessary language is 
     eliminated and conforming language changes are made.
     Conference substitute
       The conference provision repeals obsolete provisions 
     addressed by both the Senate amendment and House bill. It 
     also retains the statutory provision for administrative 
     complaints as provided in the Senate amendment. Filing 
     requirements for agricultural transportation contracts are 
     limited to summaries. The definition of agricultural 
     commodities is clarified.
       Current shipper-specific limitations on commitment of rail 
     cars to agricultural transportation contracts are eliminated, 
     but the fleet-wide ceiling of 40 percent of a rail carrier's 
     fleet by car type is retained for the 3-year authorization of 
     this bill. One year before the expiration of the provision, 
     the Railroad-Shipper Transportation Advisory Council and the 
     National Grain Car Council are to make recommendations to 
     Congress on whether to retain or modify the car-commitment 
     ceiling.

                  Subchapter II--Special Circumstances

     SEC. 10721. GOVERNMENT TRAFFIC.

     House provision
       This provision (10521), which replaces the rail portions of 
     former section 10721, retains the legal permission for rail 
     carriers, when acting as common (as distinguished from 
     contract) carriers, to provide reduced charge or free 
     transportation for the United States Government. Language 
     dealing with passenger rates is omitted as unnecessary in 
     light of the abolition of regulatory jurisdiction over 
     passenger rates.
     Senate amendment
       Section 319 (Government Traffic) amends 49 U.S.C. 10721, 
     which provides special treatment for rates paid by the United 
     States government, to reduce the language to what would be 
     needed in the absence of tariff rates.
     Conference substitute
       The Conference provision includes the House language, as 
     well as the former language retained by the Senate amendment 
     covering transportation of individuals. Although passenger 
     fare jurisdiction is eliminated by the legislation, Federal 
     agencies have indicated that legal difficulties under other 
     statutes might result if the authority to provide reduced 
     rates did not also clearly extend to passenger transportation 
     provided to the government.

     SEC. 10722. CAR UTILIZATION.

     House provision
       This provision (10523) replaces former section 10734, while 
     retaining the authority for rail carrier to establish premium 
     charges for special services outsides the normal structure of 
     rates otherwise applicable to a particular rail movement.
     Senate amendment
       No provision.
     Conference substitute
       The Conference provision incorporates the House provision.

                      Subchapter III--Limitations

     SEC. 10741. PROHIBITIONS AGAINST DISCRIMINATION BY RAIL 
                   CARRIERS.

     House provision
       This section (10541) contains the relevant rail portions of 
     former section 10741, and prohibits unreasonable 
     discrimination by rail 

[[Page H15039]]
     carriers against a shipper or other entity providing rail traffic to 
     the carrier. References to provisions amended or repealed 
     elsewhere in the bill are also eliminated.
     Senate amendment
       Section 321 (Prohibitions Against Discrimination by Common 
     Carriers) amends 49 U.S.C. 10741, which prohibits kickbacks 
     and unreasonable discrimination, by common carriers.
     Conference substitute
       This Conference provision reflects the language of the 
     House bill.

     SEC. 10742. FACILITIES FOR INTERCHANGE OF TRAFFIC.

     House provision
       This replacement (10542) for former section 10742 maintains 
     the obligation of rail carriers to provide reasonable means 
     for the interchange of traffic with other rail carriers. This 
     provision is the cornerstone of the integrity of the national 
     rail system, because it precludes the balkanization of the 
     system through the possible refusal of one carrier to deal 
     with another connecting carrier.
     Senate amendment
       Section 322 (Facilities for Interchange of Traffic) amends 
     49 U.S.C. 10742, which requires a carrier to provide 
     reasonable facilities for interchange of traffic, only with 
     conforming changes.
     Conference substitute
       The Conference provision incorporates portions of both the 
     House bill and Senate amendment. To reflect the reduced scope 
     of regulation for water carriers, the obligation of rail 
     carriers to provide interchanges facilities to connecting 
     water carriers is limited to such carriers as the subject to 
     chapter 137.

     SEC. 10743. LIABILITY FOR PAYMENT OF RATES.

     House provision
       No provision.
     Senate amendment
       The Senate amendment retained former section 10744 
     concerning rules of liability (including statutes of 
     limitation) for recovering payment of rates owned to rail 
     carriers.
     Conference substitute
       The Conference provision includes the relevant portions of 
     former section 10744 for rail transportation, with conforming 
     changes.

     SEC. 10744. CONTINUOUS CARRIAGE OF FREIGHT.

     House provision
       In replacing former section 10745, this section 10543 
     retains the legal obligation of rail carrier to maintain 
     continuous means for the efficient handling of freight that 
     travels over more than one carrier's lines.
     Senate amendment
       Section 324 (Continuous Carriage of Freight) amends 49 
     U.S.C. 10745, which prohibits carrier combinations or 
     arrangements that prevent the continuous movement of freight, 
     only with conforming changes.
     Conference substitute
       The Conference provision retain the language of the House 
     bill.

     SEC. 10745. TRANSPORTATION SERVICES OR FACILITIES FURNISHED 
                   BY SHIPPER.

     House provision
       This provision (10544), which replaces the rail portions of 
     former section 10747, maintains the agency's regulatory 
     authority to address the treatment by railroads of shipper-
     furnished or other non-railroad-owned cars, equipment, and 
     services . The Committee is aware that certain segments of 
     the national rail car fleet are already owned largely or 
     entirely by non-carriers, and that there is a strong 
     possibility in the future that even more of the fleet will 
     cease to be carrier-owned. Therefore, this provision remains 
     highly relevant to future dealings of railroads with the 
     owners of non-railroad-owned equipment.
     Senate amendment
       Section 325 (Transportation Services of Facilities 
     Furnished by Shipper) amends 49 U.S.C 10747, under which 
     carrier allowances for shipper-furnished services and 
     equipment or facilities may be prescribed, to reflect the 
     elimination of most tariffs and to limit the Board's 
     authority to instances in which a complaint is filed.
     Conference substitute
       The Conference provision incorporates the House and Senate 
     changes to reflect the elimination of tariff filing.

     SEC. 10746. DEMURRAGE CHARGES.

     House provision
       In replacing former section 10750, this provision retains 
     the agency's authority over demurrage charges and related 
     rules. Demurrage is the charge paid to the owner of a rail 
     carrier for its delayed return to the owner. The ICC's 
     existing rules on this subject and on car supply generally 
     represent a limited and negotiation-based regulatory 
     framework for assuring timely and efficient use of the rail 
     car fleet. This section makes no changes that would disturb 
     that framework.
     Senate amendment
       The Senate amendment did not amend former section 10750.
     Conference substitute
       The Conference provision includes the language of the House 
     bill.

                         Chapter 109--Licensing

     SEC. 10901. AUTHORIZING CONSTRUCTION AND OPERATION OF 
                   RAILROAD LINES.

     House provision
       1. Construction and operation cases
       Subsections (a) through (c) of section 10701 retain the 
     current Federal jurisdictional under former Section 10901 
     over authority to construct, acquire or operate lines. Non-
     construction transactions of this type involving smaller 
     railroads are governed by a new separate provision, section 
     10702, discussed below. The new Section 10701 also eliminates 
     the former optional authority to impose labor protection 
     (mandatory severance and salary and benefit protection) to 
     employees affected by construction and operation cases. This 
     power has rarely been utilized since enactment of the 
     Staggers Act.
       2. Crossing cases
       Subsection (d) replaces former Section 10901(d), which 
     empowers the agency to order one railroad whose tracks block 
     the access of another railroad's tracks to provide crossing 
     arrangements. The Committee is aware that in the past, some 
     cases of this type, which can involve significant issues of 
     rail competition, have not been adjudicated expeditiously. 
     Therefore, subsection (d)(2) establishes a new 90-day 
     deadline for determination of a dispute of this type, once 
     submitted to the Panel for decision.
     Senate amendment
       The Senate amendment amends former section 10901 to provide 
     that acquisitions of lines by noncarriers, Class II 
     railroads, and Class III railroads (with certain exceptions) 
     would be subject to a maximum of 1 year of labor protection, 
     at the agency's discretion, plus advance notice of the 
     transaction.
     Conference substitute
       The Conference provision retains the House language as new 
     section 10901, with line acquisitions by Class II and Class 
     III railroads addressed separately in section 10902. Although 
     section 10901 has been amended to conform to the 
     reclassification of certain line acquisition transactions 
     under other new provisions, the Conference intends no change 
     in existing law with respect to the coverage of regulatory 
     authority over construction of rail lines. Specifically, non-
     railroad companies who construct rail lines to serve their 
     own facilities, whether or not such lines would be classified 
     as a spur or other auxiliary track exempt from agency 
     jurisdiction, are not required to obtain agency approval to 
     engage in such construction. The 90-day time limit in the 
     House bill for disposition of crossing cases is changed in 
     the provision to 120 days.

     SEC. 10902. SHORT LINE TRANSACTIONS BY CLASS II AND CLASS III 
                   RAIL CARRIERS.

     House provision
       1. Construction and operation cases
       This new provision (10702) includes the authority of the 
     agency to approve acquisition, construction, and operation of 
     rail lines by class II and Class III railroads and by 
     noncarriers, previously governed by former Section 10901. 
     Section 10702 is intended to avoid the protracted regulatory 
     and court litigation generated by the former dichotomy 
     between ``carrier'' and ``noncarrier'' transactions and the 
     consequent applicability or inapplicability of mandatory 
     ``carrier'' labor protection requirements. Instead, this new 
     provision, in combination with Section 10701, establishes a 
     clear statutory division between transactions involving large 
     Class I railroads on one hand and smaller railroads on the 
     other. This should promote clearer and more expeditious 
     handling of the affected transactions, and avoid imposing 
     additional and sometimes potentially fatal costs on start-up 
     operations of smaller railroads who often can keep rail lines 
     in service, even if not viable as part of a larger carrier's 
     system.
       As to line acquisitions by Class II railroads, the House 
     provision requires 1 year of mandatory labor protection in 
     the form of severance pay, computed under the standards of 
     section 11126(b). No labor protection requirement is imposed 
     on acquisitions by Class III railroads.
     Senate amendment
       Section 330 (Authorizing Construction and Operation of 
     Railroad Lines) amends 49 U.S.C. 10901, under which the 
     construction of new rail lines and the operations of new rail 
     carriers must be authorized to reduce the level of employee 
     protection that may be imposed by the Board on smaller 
     carriers and noncarriers. While employee protective 
     conditions have not often been required for such new 
     operations, the minimum level of protection available, if 
     protection was imposed, was inordinately high (up to 6 years 
     of salary protection). As amended, the maximum level of 
     protection that could be imposed on smaller carriers and 
     noncarrier entities is reduced to a more realistic level: 
     advance notice (the same requirement imposed on other 
     industries) and up to one year's salary protection, unless 
     the parties voluntarily agree otherwise. In addition, labor 
     protection arrangements could only be imposed when consistent 
     with the public interest.
     Conference substitute
       The Conference provision includes the substantive 
     provisions of the House bill. Class II rail carriers 
     acquiring a line under this section are subject to a 
     mandatory 1-year severance pay requirement for severed 
     employees, computed as provided in the House bill. No 
     protection is imposed on Class III rail carrier line 
     acquisitions.
       By providing this clear delineation of requirements for 
     Class II and Class III rail carriers acquiring rail lines, 
     the Conference 

[[Page H15040]]
     does not intend to limit the availability of section 10901 for non-
     carrier acquisitions. In addition, Class II and Class III 
     carriers retain the existing option (as do Class I carriers) 
     to obtain approval of inter-carrier transactions under 
     section 11323, such as trackage rights agreements under 
     section 11323(a)(6). The House references to definitions of 
     Class II and Class III rail carriers are deleted as 
     unnecessary. The Conference intends to follow the prior 
     practice in the Staggers Act and elsewhere of employing the 
     Class II and Class III categories formerly established by the 
     ICC, and now to be the responsibility of the Surface 
     Transportation Board.

     SEC. 10903. FILING AND PROCEDURE FOR APPLICATION TO ABANDON 
                   OR DISCONTINUE.

     House provision
       This provision (10703), which replaces former Sections 
     10903 and 10904, converts applications for the abandonment or 
     discontinuance of service on a rail line from a ``public 
     convenience and necessity'' licensing proceeding into a 
     notification process to maximize the opportunity for the line 
     to be acquired for continued operation by a smaller railroad, 
     even though the line is revenue-deficient for a large trunk 
     carrier.
       Given the change from licensing to notification, the 
     agency's powers are limited to enforcing the notification 
     requirements and, if appropriate, specifying that the scope 
     of the proposed abandonment be amended to afford the best 
     opportunity for the line to be sold and operated as a viable 
     short-line railroad. Labor protection requirements now 
     applicable to abandonments are unaffected.
     Senate amendment
       Section 333 (Filing and Procedure for Applications to 
     Abandon or Discontinue) amends 49 U.S.C. 10904, which 
     contains the procedural requirements for applications to 
     abandon a rail line, to remove outdated provisions for rail 
     restructuring plans sponsored by the Secretary and to make 
     conforming changes.
     Conference substitute
       The Conference provision retains the Senate formulation of 
     an application for abandonment or discontinuance under the 
     public convenience and necessity standard, making other 
     technical changes.

     SEC. 10904. OFFERS TO PURCHASE TO AVOID ABANDONMENT AND 
                   DISCONTINUANCE.

     House provision
       This provision (10704), which replaces former Section 
     10905, governs so-called ``forced sales'' of lines proposed 
     for abandonment. The new provision retains the procedure 
     under which the agency screens potential offerors for fitness 
     and, if specified conditions are met, sets the price for the 
     sale of the line proposed for abandonment. The new provision 
     eliminates the alternative (and rarely utilized) process for 
     forcing continued operation of a line through use of a 
     shipper or other non-rail party's subsidy of its operation.
     Senate amendment
       The Senate amendment retains the existing procedures of 
     section 10905, including the option for agency-supervised 
     subsidy of a rail line to keep it in service.
     Conference substitute
       The Conference provision includes the House provision, with 
     the addition of the subsidy option, but specifies in 
     subsection (f)(4)(B) that any subsidy arrangement must be 
     limited to a maximum duration of 1 year, unless otherwise 
     mutually agreed by the parties.

     SEC. 10905. OFFERING ABANDONED RAIL PROPERTIES FOR SALE FOR 
                   PUBLIC PURPOSES.

     House provision
       In replacing former Section 10906, this provision retains 
     existing agency authority to examine the possibility that a 
     line proposed for abandonment may be suitable for alternative 
     public uses. Abandonment may be postponed for up to 6 months 
     to allow for the pursuit of such alternatives.
     Senate amendment
       The Senate amendment retained former section 10906.
     Conference substitute
       The Conference provision is the House provision, renumbered 
     as section 10905.

     SEC. 10906. EXCEPTION.

     House provision
       This section replaces former section 10907(a) as the source 
     of rail carriers' authority to enter into joint ownership or 
     use arrangements for spur, industrial, team, switching or 
     side tracks without agency approval. The provision also 
     clarifies that such auxiliary tracks are not subject to the 
     regulatory approval processes under chapter 109. Former 
     section 10907(b) is eliminated to conform to the general pre-
     emption of State economic regulation of rail carriers.
     Senate amendment
       Section 334 (Exceptions) amends 49 U.S.C. 10907, which 
     exempts spur, industrial, team, switching, and side tracks 
     from the approval requirement for constructions and 
     abandonments, only for conforming changes.
     Conference substitute
       The Conference provision, renumbered as section 10906, is 
     the House provision.

     SEC. 10907. RAILROAD DEVELOPMENT.

     House provision
       This provision (10707) retains the feeder line development 
     program of former section 10910, under which another party 
     may acquire ownership of a rail line over which service is 
     inadequate. No changes in the former section, other than the 
     deletion of mandatory labor protection, is made.
     Senate amendment
       The Senate amendment retained former section 10910 with 
     repeals of obsolete and executed provisions.
     Conference substitute
       The Conference provision combines the House and Senate 
     changes to former section 10910.

                        Chapter 111--Operations

     SEC. 11101. COMMON CARRIER TRANSPORTATION, SERVICE, AND 
                   RATES.

     House provision
       This section (10901) replaces former section 11101, but 
     retains the existing legal duty of a rail carrier to provide 
     transportation upon reasonable request--the ``common carrier 
     obligation.'' In lieu of the former duty to quote rates in 
     the form of a tariff, the provision is changed to conform 
     with the abolition of tariff filing by stating the duty of 
     the carrier to quote rates on reasonable request in writing 
     or electronically.
     Senate amendment
       Section 336 (Providing Transportation, Service, and Rates) 
     amends 49 U.S.C. 11101, which sets forth a carrier's 
     obligation to provide service on reasonable request to 
     require that a rail carrier establish common carriage rates 
     and other service terms (of the type requested for specified 
     service between specified points) within 30 days of a 
     reasonable request. A carrier may not refuse to provide a 
     common carriage rate on grounds that there is a 
     transportation contract covering the traffic. The amended 
     section also requires a carrier to provide 20 days' advance 
     notice of rate increases.
     Conference substitute
       The Conference provision modifies the House provision to 
     clarify the obligation of the carrier to make its common 
     carrier rates and service terms available to any person on 
     request. It requires that 20 days' advance notification of 
     any rate increases or changes in service terms to given to 
     parties who either requested such quotations or have made 
     arrangements with the carrier during the preceding year. The 
     provision also includes specific additional obligations of 
     the carrier with respect to transportation of agricultural 
     products, including making rate and service terms, and any 
     changes (actual and proposed) publicly available.
       The agency is to issue implementing regulations under this 
     section within 180 days of enactment of the legislation. It 
     is the Conference's intent that in fashioning the 
     regulations, the agency should accommodate wherever possible 
     the use of electronic media in making the required 
     information available.

     SEC. 11102. USE OF TERMINAL FACILITIES.

     House provision
       This section (10902) replaces former section 11103, which 
     empowers the agency to order use of terminal facilities and 
     to require ``reciprocal switching'' arrangements between rail 
     carriers. A time limit of 180 days is imposed on processing 
     of terminal facilities cases.
     Senate amendment
       Section 337 (Use of Terminal Facilities) amends 49 U.S.C. 
     11103, under which a carrier may be compelled to provide 
     competitive access to terminal facilities or switching 
     arrangements, only with conforming changes.
     Conference substitute
       The Conference provision incorporates the House time limit 
     and other conforming changes. As noted in connection with 
     section 10501, local government authorities are to be 
     excluded from economic regulation (rates, fares, entry, and 
     exit) under the amended statute. A specific exception is made 
     in section 10501(c) for matters arising under sections 11102 
     and 11103, which deal with access to or use of railroad 
     facilities and infrastructure. Under the amended section 
     11102, the agency's existing power to order access to 
     terminal facilities, including main-line tracks a reasonable 
     distance from the terminal, would be retained. Thus local 
     transportation authorities satisfying the jurisdictional 
     requirements of section 10501 could invoke the remedies of 
     this section and section 11103 with respect to both freight 
     and passenger transportation uses of railroad facilities, 
     based on the existing public interest standard. It is the 
     Conference's intent that, subject to the foregoing 
     limitations and the operational and compensation requirements 
     stated in this section, a local transportation authority's 
     request would virtually always satisfy the public interest 
     standard.

     SEC. 11103. SWITCH CONNECTIONS AND TRACKS.

     House provision
       In replacing former section 11104, this section (10904) 
     maintains the agency's authority to require that switch 
     connections be made to branch lines or private side tracks, 
     as well as the authority for the line owner or shipper to 
     seek redress through an administrative complaint to the 
     agency.
     Senate amendment
       Section 338 (Switch Connections and Tracks) amends 49 
     U.S.C. 11104, which requires rail carriers to maintain switch 
     connections with other carriers, only with conforming 
     changes.
     
[[Page H15041]]

     Conference substitute
       The Conference provision retains existing law as stated in 
     the House bill.

                       Subchapter II--Car Service

     SEC. 11121. CRITERIA.

     House provision
       This section (10921) replaces former section 11121, 
     retaining existing authority to oversee and require 
     reasonable rules and practices regarding car service. 
     References to tariff requirements are deleted.
     Senate amendment
       Section 339 (Criteria) amends 49 U.S.C. 11121, which 
     provides regulatory oversight over rail car service, to 
     reflect the elimination of most tariffs, and to provide for 
     the Board to consult with the National Grain Car Council as 
     necessary. The National Grain Car Council is an advisory 
     group formed by the ICC in 1994, composed of representatives 
     of railroads of varying size, shippers, manufacturers, and 
     government officials. Conforming changes are also made.
     Conference substitute
       The Conference provision incorporates changes from both the 
     House bill and the Senate amendment.

     SEC. 11122. COMPENSATION AND PRACTICE.

     House provision
       This section (10922) replaces former section 11122, as the 
     source of agency authority over arrangements for compensating 
     the owners of rail cars for use of the cars. No substantive 
     change is made to the statute, and no effect upon existing 
     rules now in place is intended.
     Senate amendment
       The Senate amendment made no change in existing law.
     Conference substitute
       The Conference provision utilizes the House provision. It 
     is the Conference's intent not to disturb any rules or 
     regulations now in force regarding matters subject to this 
     section.

     SEC. 11123. SITUATIONS REQUIRING IMMEDIATE ACTION TO SERVE 
                   THE PUBLIC.

     House provision
       This section (10923), which replaces former section 11124, 
     retains present agency authority to make arrangements, 
     without a formal regulatory proceeding, for rail service when 
     the carrier presently serving a particular area is unable to 
     provide adequate service. Former section 11125 on directed 
     rail transportation was repealed.
     Senate amendment
       Section 340 (Rerouting Traffic on Failure of Rail Carrier 
     to Serve Public) amends 49 U.S.C. 11124, under which traffic 
     can be ordered to be rerouted when a carrier cannot provide 
     service, only with conforming changes. Former sections 11123 
     and 11125 are also amended with conforming changes only.
     Conference substitute
       The Conference provision consolidates the emergency powers 
     contained in former sections 11123 (situations requiring 
     immediate action), 11124 (rerouting traffic on failure of a 
     carrier to serve the public), and 11125 (directed rail 
     transportation). In addition to elimination of obsolete 
     provisions, the conference provision restricts directed rail 
     transportation to situations where no Federal funding is 
     involved, and compensation to the carrier providing the 
     directed service comes entirely from the revenues generated 
     by the service. The provision retains the existing overall 
     270-day limit on directed rail service arrangements.

     SEC. 11124. WAR EMERGENCIES; EMBARGOES IMPOSED BY CARRIER.

     House provision
       This section (10924) replaces former section 11128, 
     retaining existing powers of the agency to give preference or 
     priority to military or war-related traffic at Presidential 
     request.
     Senate amendment
       Section 342 (War Emergencies; Embargoes) amends 49 U.S.C. 
     11128, under which preferences and priorities in traffic can 
     be directed in wartime, only with conforming changes.
     Conference substitute
       The Conference provision retains the substantive content of 
     existing law.

                  Subchapter III--Reports and Records

     SEC. 11141. DEFINITIONS.

     House provision
       This section (10941) replaces the relevant rail definitions 
     of former section 11141.
     Senate amendment
       Section 343 (Definitions for Subchapter III) amends 49 
     U.S.C. 11141, which provides definitions for subchapter III 
     of chapter 111, title 49 (covering carrier reports and 
     records) to limit coverage to entities regulated under this 
     part.
     Conference substitute
       The Conference provision follows the House bill in 
     confining coverage of the definitions to rail matters.

     SEC. 11142. UNIFORM ACCOUNTING SYSTEM.

     House provision
       This section (10942) retains the agency's power to 
     prescribe standard accounting procedures for rail carriers. 
     To conform to the Staggers Act policy explicitly referenced 
     in other accounting provisions, the section includes a 
     directive that the agency utilize, to the maximum extent 
     feasible, generally accepted accounting principles.
     Senate amendment
       No comparable provisions.
     Conference substitute
       The Conference provision utilizes the language of the House 
     bill.

     SEC. 11143. DEPRECIATION CHARGES.

     House provision.
       This section (10943) retains the agency's authority over 
     rail carrier depreciation procedures under former section 
     11143.
     Senate amendment
       Section 344 (Depreciation Charges ) amends 49 U.S.C. 11143, 
     under which appropriate depreciation charges are prescribed, 
     to remove a reference to entities not regulated under Part A 
     and to make other conforming changes.
      Conference substitute
        The Conference provision utilizes the language of the 
     House provision, to reflect the structure of the bill in 
     confining Part A to rail matters only.

     SEC. 11144. RECORDS: FORM; INSPECTION; PRESERVATION.

     House provision
       This section (10944) replaces former section 11144, 
     regarding the agency's authority over carrier and broker 
     records. References to authority over ``protective services'' 
     (refrigerated car arrangements) are deleted to conform to the 
     abolition of regulation over such matters.
     Senate amendment
       Section 345 (Records, Etc.) amends 49 U.S.C. 11144, which 
     provides for prescribing and inspecting carrier records, to 
     remove references to entities not regulated under Part A, to 
     reflect an earlier repeal, and to make other conforming 
     changes.
     Conference substitute
       The Conference provision incorporates the language of both 
     provisions, limited to reflect the rail-only content of Part 
     A.

     SEC. 11145. REPORTS BY RAIL CARRIERS, LESSORS, AND BROKERS.

     House provision
       This section (10945) retains existing agency authority to 
     require annual and other reports by regulated entities under 
     former section 11145.
     Senate amendment
       Section 346 (Reports by Carriers, Lessors, and 
     Associations) amends 49 U.S.C. 11145, which addresses carrier 
     reports, to remove provisions regarding entities not 
     regulated under part A and to make conforming changes.
     Conference substitute
       The Conference provision utilizes the House provision, with 
     the addition of language from existing law concerning 
     reporting authority over persons supplying cars to rail 
     carriers.

                Subchapter IV--Railroad Cost Accounting

     SEC. 11161. IMPLEMENTATION OF COST ACCOUNTING PRINCIPLES.

     House provision
       This section (10961) retains existing agency jurisdiction 
     over railroad accounting practices under former section 
     11163. Former sections 11161 and 11162 are deleted as 
     obsolete references to actions taken by the now defunct 
     Railroad Accounting Principles Board temporarily established 
     by the Staggers Rail Act.
     Senate amendment
       No comparable provisions.
     Conference substitute
       The Conference provision contains the House provision, but 
     with the deletion of a fixed 5-year maximum interval between 
     periodic agency reviews of cost accounting principles. 
     Instead, it relies on the general obligation to review such 
     principles periodically.

     SEC. 11162. RAIL CARRIER COST ACCOUNTING SYSTEM.

     House provision
       This section replaces former section 11164, but retains the 
     obligation of rail carriers to maintain a cost accounting 
     system consistent with agency requirements. Obsolete 
     references to the activities of the Railroad Accounting 
     Principles Board are deleted.
     Senate amendment
       No comparable provision.
     Conference substitute
       The Conference provision utilizes the language of the House 
     provision.

     SEC. 11163. COST AVAILABILITY.

      House Provision
       In replacing former section 11165, this provision retains 
     the existing obligation of rail carriers to make relevant 
     cost data available to other parties to agency proceedings.
     Senate amendment
       No amendment to existing law.
     Conference substitute
       The Conference provision utilizes the House provision.

     SEC. 11164. ACCOUNTING AND COST REPORTING.

     House provision
       This section replaces former section 11165, and retains the 
     existing agency authority to promulgate accounting rules for 
     rail carriers. Former section 11167, regarding the report of 
     the Railroad Accounting Principles Board, is deleted as 
     obsolete and executed.
     Senate amendment
       Section 347 (Accounting and Cost Reporting) amends 49 
     U.S.C. 11166, under which rail carrier expense and revenue 
     accounting and reporting requirements may be prescribed, to 
     remove a reference to a repealed provision, 

[[Page H15042]]
     make other conforming changes, and condense the language.
     Conference substitute
       The Conference provision follows the language of the Senate 
     amendment, with condensed and streamlined language.

                          Chapter 113--Finance

         Subchapter I--Equipment Trusts and Security Interests

     SEC. 11301. EQUIPMENT TRUSTS: RECORDATION; EVIDENCE OF 
                   INDEBTEDNESS.

     House provision
       This section (11101) replaces former section 11303, 
     governing recordation of security interests and other 
     financial instruments affecting railroad rolling stock and 
     locomotives. The new agency will assume the former ICC's 
     function as a central point of recordation for such financial 
     instruments. The filing of such instruments, already a 
     virtually universal practice requirement, is made mandatory. 
     Given the ministerial nature of this function and its 
     susceptibility to computerization, new language is added 
     directing the agency to use private sector contractors to the 
     greatest extent practicable in carrying out these duties. The 
     agency is also directed to collect user fees for services 
     under this section and is authorized to use such fees to 
     offset its costs, to the extent allowed by applicable 
     appropriations measures. The current railway equipment 
     register provision was retained.
     Senate amendment
       Section 349 (Equipment Trusts) amends 49 U.S.C. 11303, 
     which provides for centralized recordation of liens on 
     railroad cars, locomotives, and other rolling stock, to 
     require continuation of the ICC's current railway equipment 
     register and to give equal effect to foreign registration of 
     such equipment.
     Conference substitute
       The Conference provision is based on the House provision, 
     but includes from prior law recordation of instruments 
     affecting vessels (other than mortgages under chapter 313 of 
     title 46). The provision also deletes the House language 
     regarding user fees.

                      Subchapter II--Combinations

     SEC. 11321. SCOPE OF AUTHORITY.

     House provision
       This section (11121) retains the basic authority of the ICC 
     to approve inter-carrier transactions among railroads, as 
     well as combinations and acquisitions of control involving 
     rail carriers.
     Senate amendment
       No change to existing law.
     Conference substitute.
       The Conference provision combines the House provision with 
     certain additional language from former subsections 11341(a) 
     and 11341(b), to clarify that--even though securities 
     jurisdiction over rail carriers is abolished by this 
     legislation--the Federal statute also establishes basic 
     corporate-approval requirements for transactions subject to 
     this subchapter. Although substantial changes are made in 
     this legislation to the line acquisition provisions as to 
     acquisitions by noncarriers (section 10901) and acquisitions 
     by Class II and Class III railroads (section 10902), the 
     option of using existing authority to approve inter-carrier 
     transactions under this subchapter is not affected. Thus, 
     where a Class I railroad sells a line to another Class I 
     carrier, this subchapter would apply. Similarly, in trackage 
     rights or other inter-carrier transactions involving rail 
     carriers of any size, this subchapter remains available.

     SEC. 11322. LIMITATION ON POOLING AND DIVISION OF 
                   TRANSPORTATION OR EARNINGS.

     House provision
       This provision replaces former section 11342. It retains 
     agency authority over pooling arrangements, most commonly 
     used in the railroad industry to arrange for joint ownership 
     of cars through joint ventures.
     Senate amendment
       Section 351 would amend 49 U.S.C. 11342--under which 
     carrier arrangements to pool traffic, services, or earnings 
     can be authorized and immunized from other laws--to remove 
     provisions regarding entities not regulated under Part A and 
     to make conforming changes.
     Conference substitute
       The Conference provision incorporates the language of the 
     House bill and the Senate amendment.

     SEC. 11323. CONSOLIDATION, MERGER, AND ACQUISITION OF 
                   CONTROL.

     House provision
       This section (11123) replaces former section 11343. The 
     extent of agency jurisdiction over intercarrier transactions 
     involving mergers, trackage rights, and similar transactions 
     remains essentially the same as under the former provision, 
     except for new procedures limited to Class II and Class III 
     railroads.
     Senate amendment
       Section 352 (Consolidation, Merger, and Acquisition of 
     Control) amends 49 U.S.C. 11343, under which advance approval 
     is required for certain intercarrier mergers, control 
     acquisition, or other forms of consolidations, to remove 
     provisions regarding entities not regulated under part A.
     Conference substitute
       The Conference provision utilizes the language of the House 
     provision.

     SEC. 11324. CONSOLIDATION, MERGER, AND ACQUISITION OF 
                   CONTROL: CONDITIONS OF APPROVAL.

     House provision
       This section (11124) replaces former section 11344, and 
     lists the specific criteria to be used in deciding whether 
     and on what conditions to approve proposed mergers and 
     related transactions involving Class I railroads. The sole 
     change to the criteria is broadening subsection (b)(5) to 
     include evaluation of adverse competitive effects to include 
     effects on competition among rail carriers in the national 
     rail system, not just ``in the affected region.''
       A second change from present law elaborates on the existing 
     power to impose conditions on the approval of a merger or 
     other regulated transaction. The bill explicitly authorizes 
     imposition of conditions requiring divestiture of parallel 
     tacks or requiring the granting of trackage rights. It also 
     requires that, if trackage rights are required, the agency 
     must provide for compensation arrangements that ensure the 
     alleviation of the underlying anticompetitive effects sought 
     to be avoided by imposing the trackage rights conditions.
       The principal procedure change is the express authorization 
     for what would otherwise be impermissible ex parte 
     communications between the decision makers and parties to the 
     proceeding, as long as the communications are preserved in 
     the record. Any such consultations are entirely at the 
     decision maker's option. This is intended to address 
     complaints that the former ICC process did not allow 
     sufficient procedural flexibility to allow informal 
     consultation to identify areas of concern at an early stage 
     of the approval process. Subsection (a) makes applicable to 
     Class II and Class III mergers the prohibitions on avoiding 
     collective bargaining agreements and shifting work from union 
     to nonunion carriers.
     Senate amendment
       Section 353 (General Procedure and Conditions of Approval 
     for Consolidation) amends 49 U.S.C. 11344, which contains the 
     administrative procedures, decisional criteria, and 
     conditioning authority for carrier consolidation proposals, 
     to remove unnecessary and inappropriate limitations on 
     railroad acquisitions of motor carriers and on a railroad's 
     ability to provide motor carrier transportation prior or 
     subsequent to rail transportation. It would also remove 
     outdated provisions regarding restructurings that are 
     sponsored by the Secretary or that involve only passenger 
     carriers. In addition, motor carrier provisions would be 
     removed and other conforming changes would be made.
     Conference substitute
       The Conference provisions follows the House provision.

     SEC. 11325. CONSOLIDATION, MERGER, AND ACQUISITION OF 
                   CONTROL: PROCEDURE.

     House provision
       The section (11125) replaces former section 11345 with 
     respect to rail transactions. Current law allows up to 31 
     months for reaching an ICC decision on an application 
     involving control of a Class I rail carrier. The new section 
     reduces the deadline for processing of Class I merger and 
     related cases to 270 days. This compares with the ICC's 
     administrative compression of the schedule for the recently 
     completed Burlington Northern-Santa Fe merger to 180 days and 
     the ICC's recent decision to establish a 255-day processing 
     schedule for the proposed Union Pacific-Southern Pacific 
     merger.
     Senate amendment
       Section 354 (Rail Carrier Procedure for Consolidation, 
     Etc.) amends 49 U.S.C. 11345, which further specifies 
     administrative procedures for handling rail carrier 
     consolidation proposals, to provide for receiving the 
     comments of the Secretary and the Attorney General at the 
     same time as other parties and to make conforming changes. 
     The Senate provision made no change to the existing 31-month 
     time limit for mergers of Class I railroads.
     Conference substitute
       The Conference provision incorporates the Senate changes in 
     the timing of comments and adopts an overall 15-month maximum 
     time limit for Class I mergers. It also includes the House 
     language (paralleled by Senate floor amendment changes) 
     specifying the agency's powers regarding trackage rights 
     arrangements and related compensation issues. The provision 
     also includes the House formulation of the scope of the 
     competitive analysis to be conducted by the agency.

     SEC. 11326. EMPLOYEE PROTECTIVE ARRANGEMENTS IN TRANSACTIONS 
                   AMONG RAIL CARRIERS.

     House provision
       This provision (11126), which replaces former section 
     11347, continues the requirements for mandatory imposition of 
     labor protection benefits (severance and salary and benefit 
     protection) in subsection (a) for transactions between Class 
     I railroads and between Class II railroads. These include 
     mergers, trackage rights transactions, and abandonments.
       Subsection (b) establishes a separate labor protection 
     standard for mergers between Class II and Class III 
     railroads. Instead of the existing ICC standard of mandatory 
     (``New York Dock'') labor protection involving 1 year of 
     salary and benefit protection for each year of prior service 
     up to a maximum of 6 

[[Page H15043]]
     years (now applicable to all merger and related transactions among 
     railroads of any size), Class II-Class III mergers would be 
     subject to a mandatory protection requirement of 1 year of 
     severance pay as defined in subsection (b). There would also 
     be separate limitations on Class II-Class III mergers and 
     acquisitions, including limitations contained in section 
     11124(e) on the effect of the transaction on collective 
     bargaining agreements and on shifting of work between union 
     and nonunion carriers.
     Senate amendment
       Section 355 of the Senate amendment made no changes to 
     former section 11347 and retained existing law on labor 
     protection in mergers and inter-transactions, with only 
     conforming changes.
     Conference substitute
       The Conference provision includes the requirements from the 
     House bill specifying a separate labor protection regime for 
     Class II-Class III mergers. However, the Conference provision 
     also includes the option, at the applicant's discretion, of 
     seeking approval of a Class II-Class III merger or similar 
     transaction using existing law, which includes the mandatory 
     New York Dock labor protection requirements of up to 6 years 
     of pay. Thus, as to this category of transactions, both the 
     House and Senate positions are embodied in the Conference 
     provision.

     SEC. 11327. SUPPLEMENTAL ORDERS.

     House provision
       This section (11127) replaces without alteration the 
     existing agency power under former section 11351 to exercise 
     continuing jurisdiction over the implementation of regulated 
     mergers or other inter-carrier transactions.
     Senate amendment
       The Senate bill amendment changes to former section 11351.
     Conference substitute
       The Conference provision utilizes the House language.

                  Chapter 115--Federal-State Relations

     SEC. 11501. TAX DISCRIMINATION AGAINST RAIL TRANSPORTATION 
                   PROPERTY.

     House provision
       This provision (11301) replaces without substantive change 
     former section 11503, which forbids discriminatory State 
     taxation of rail property as an unreasonable burden on 
     interstate commerce.
     Senate amendment
       Section 358 of the Senate amendment made only conforming 
     changes to 49 U.S.C. 11503.
     Conference substitute
       The Conference provision utilizes the House language.

     SEC. 11502. WITHHOLDING STATE AND LOCAL INCOME TAX BY RAIL 
                   CARRIERS.

     House provision
       This section (11302) preserves without substantive change 
     the existing protections in former section 11504 against 
     double State or local taxation of the income of railroad 
     employees whose work locations cover more than one State.
     Senate amendment
       Section 359 of the Senate amendment removed non-rail 
     portions of 49 U.S.C. 11504 and made conforming changes.
     Conference substitute
       The Conference provision utilizes the House language.

     Chapter 117--Enforcement: Investigations, Rights, and Remedies

     SEC. 11701. GENERAL AUTHORITY.

     House provision
       This section (11501) replaces former section 11701 with 
     respect to rail matters. It is the source of the agency's 
     authority to investigate rail matters under its jurisdiction, 
     but is now limited to action on the basis of a complaint, not 
     on the agency's own motion.
     Senate amendment
       Section 360 (General Authority for Enforcement, 
     Investigations, Etc.) amends 49 U.S.C. 11701, which contains 
     general authority to conduct administrative investigations 
     and hear complaints, to remove language and provisions 
     regarding entities not regulated under Part A and to make 
     conforming changes.
     Conference substitute
       The Conference provision utilizes the House language, with 
     changes to reflect the name of the Surface Transportation 
     Board.

     SEC. 11702. ENFORCEMENT BY THE BOARD.

     House provision
       This provision (11502) replaces former section 11702 in 
     rail matters. It preserves without substantive change the 
     agency's authority to enforce the statute and applicable 
     regulations in the Federal courts.
     Senate amendment
       Section 361 (Enforcement) amends 49 U.S.C. 11702, which 
     authorizes civil enforcement actions by the regulatory 
     agency, to remove provisions regarding entities and matters 
     not regulated under Part A and to make conforming changes.
     Conference substitute
       The Conference provision utilizes the House language with 
     conforming changes regarding the title of the Board.

     SEC. 11703. ENFORCEMENT BY THE ATTORNEY GENERAL.

     House provision
       This provision (11503), which replaces former section 
     11703, authorizes the Attorney General to prosecute 
     violations of the agency's statute and administrative 
     requirements. The Attorney General is required, as under 
     current law, to undertake such action upon request of the 
     agency.
     Senate amendment
       Section 362 (Attorney General Enforcement) amends 49 U.S.C. 
     11703, which authorizes civil and criminal enforcement 
     actions by the Attorney General, to remove language unrelated 
     to Part A.
     Conference substitute
       The Conference provision incorporates the House provision, 
     as well as the relevant portions of former subsection (b), 
     regarding the authority of the Attorney General to bring a 
     civil action to compel a rail carrier to fulfill its common 
     carrier obligation by providing required transportation.

     SEC. 11704. RIGHTS AND REMEDIES OF PERSONS INJURED BY RAIL 
                   CARRIERS.

     House bill
       Section 11504 reenacts the applicable rail portions of 
     former section 11705. These include authority for injured 
     persons to seek judicial enforcement of agency orders and to 
     seek damages for a violation of the statute.
     Senate amendment
       Section 363 (Rights and Remedies) amends 49 U.S.C. 11705, 
     which specifies the rights and remedies of persons injured by 
     carrier actions, to remove language regarding entities not 
     regulated under Part A and to make conforming changes.
     Conference substitute
       The Conference adopts the House language, with 
     modifications.

     SEC. 11705. LIMITATIONS ON ACTIONS BY AND AGAINST RAIL 
                   CARRIERS.

     House bill
       Section 11505 retains the current statutes of limitation 
     governing the timeliness of court actions involving rail 
     carriers.
     Senate amendment
       Section 364 (Limitation on Actions) amends 49 U.S.C. 11706, 
     which contains time limits for bringing actions by and 
     against carriers, to remove provisions related to carriers 
     not regulated under Part A.
     Conference substitute
       The Conference adopts the House language with 
     modifications.

     SEC. 11706. LIABILITY OF RAIL CARRIERS UNDER RECEIPTS AND 
                   BILL OF LADING.

     House bill
       Section 11506 replaces the rail portions of former section 
     11707, which includes the rule of carrier liability known as 
     the Carmack amendment. The new section makes no substantive 
     change in the rules of liability for loss or damage to rail 
     shipment. Although entry, exit, and rate regulation of 
     passenger rail transportation is terminated by other 
     provisions of the bill, this section retains the Carmark 
     amendment as the governing law for shipment or baggage 
     damage, retaining the existing authority (new subsection 
     (c)(3)) to limit liability as part of the rates charged to 
     rail passengers. Other new additions in subsection (c) 
     confirm the right of rail carriers and shippers to provide by 
     mutual agreement for declared-value limits on loss and damage 
     claims or to provide for specific deductibles applicable to 
     such claims, to replace the relevant provisions of former 
     section 10730.
     Senate amendment
       Section 365 (Liability of Common Carriers under Receipts 
     and Bills of Lading) amends 49 U.S.C. 11707 (commonly 
     referred to as the Carmack Amendment), governing cargo 
     liability, to remove provisions regarding entities not 
     regulated under Part A, to reflect the elimination of tariffs 
     for most traffic, and to remove provisions regarding 
     passenger transportation.
     Conference substitute
       The Conference adopts the House provision with 
     modifications.

     SEC. 11707. LIABILITY WHEN PROPERTY IS DELIVERED IN VIOLATION 
                   OF ROUTING INSTRUCTIONS.

     House bill
       No provision.
     Senate amendment
       Section 366 amends 49 U.S.C. 11710--which makes rail 
     carriers liable for violating shipper routing instructions--
     only for conforming changes.
     Conference substitute
       The Conference adopts the Senate provision.

               Chapter 119--Civil and Criminal Penalties


                        general civil penalties

     SEC. 11901. GENERAL CIVIL PENALTIES.

     House bill
       Section 11701 reenacts without substantive change the 
     existing civil penalties applicable to rail carriers under 
     former section 11901.
     Senate amendment
       Section 367 (General Civil Penalties) amends 49 U.S.C. 
     11901, which contains general civil penalties for violating 
     Part A, to remove penalties related to provisions that are 
     repealed from Part A and to make conforming changes.
     Conference substitute
       The Conference adopts the House provision with 
     modifications. The Conference provision deletes the specific 
     penalties provided for in former sections 11903, 11904, and 
     11912 in view of the availability of the general penalty 
     under this section, which would cover those situations. 
     Deletion of penalties for accepting rebates under former 
     section 11902 is 

[[Page H15044]]
     not intended to sanction such conduct, which would be actionable under 
     other laws.

     SEC. 11902. INTERFERENCE WITH RAILROAD CAR SUPPLY.

     House bill
       Section 11702 replaces without substantive change the 
     criminal penalties specified in former section 11907 
     regarding bribery-related actions or inducements to interfere 
     with or alter the distribution of rail cars.
     Senate amendment
       Section 371 (Interference with Railroad Car Supply) amends 
     49 U.S.C. 11907, which contains penalties for interference 
     with railroad car supply, only for conforming changes.
     Conference substitute
       The Conference adopts the House provision with 
     modifications.

     SEC. 11903. RECORD KEEPING AND REPORTING VIOLATIONS.

     House bill
       Section 11703 replaces the rail portions of former section 
     11909, regarding willful falsification, destruction, or 
     omissions of required records and reports.
     Senate amendment
       Section 372 (Record Keeping and Reporting Violations) 
     amends 49 U.S.C. 11909, which contains penalties for record 
     keeping and reporting violations, to remove provisions 
     regarding entities not regulated under Part A and to make 
     conforming changes.
     Conference substitute
       The Conference adopts the House language with 
     modifications.

     SEC. 11904. UNLAWFUL DISCLOSURE OF INFORMATION.

     House bill
       In replacing the rail portions of former section 11910, 
     this section (11704) preserves existing criminal penalties 
     for unauthorized and unlawful disclosure of shipment-related 
     and cost-accounting confidential business information.
     Senate amendment
       Section 373 (Unlawful Disclosure of Information) amends 49 
     U.S.C. 11910, which contains penalties for unlawful carrier 
     disclosure of confidential shipper information, to remove 
     provisions regarding entities not regulated under Part A and 
     to make conforming changes.
     Conference substitute
       The Conference adopts the House language with 
     modifications.

     SEC. 11905. DISOBEDIENCE TO SUBPOENAS.

     House bill
       Section 11705 retains existing criminal penalties under 
     former section 11913 regarding noncompliance with agency 
     subpoenas.
     Senate amendment
       The Senate amendment retains existing law.
     Conference substitute
       The Conference adopts the House language with 
     modifications.

     SEC. 11906. GENERAL CRIMINAL PENALTY WHEN SPECIFIC CRIMINAL 
                   PENALTY NOT PROVIDED.

     House bill
       Section 11706 retains the existing general criminal penalty 
     provisions with respect to rail matters formerly contained in 
     section 11914.
     Senate amendment
       Section 375 (General Criminal Penalty) amends 49 U.S.C. 
     11914, which contains general criminal penalties when 
     specific penalties are not provided, to remove provisions 
     regarding entities not regulated under part A and to make 
     conforming changes.
     Conference substitute
       The Conference adopts the House language with 
     modifications, but removes references to specific sections of 
     law.

     SEC. 11907. PUNISHMENT OF CORPORATION FOR VIOLATION COMMITTED 
                   BY CERTAIN INDIVIDUALS.

     House bill
       Section 11707 retains the existing rules of corporate 
     criminal responsibility in former section 11915 for actions 
     by directors, officers, and other officials of the 
     corporation. This section also makes a conforming 
     organizational amendment to reflect the separation of 
     economic regulation of railroads from other former ICC 
     responsibilities.
     Senate amendment
       The Senate amendment retains existing law.
     Conference substitute
       The Conference adopts the House language with 
     modifications.

     SEC. 11908. OTHER FEDERAL CRIMINAL PENALTIES.

     House bill
       No provision.
     Senate amendment
       No provision.
     Conference substitute
       Section 11908 clarifies that specific criminal penalties 
     are the exclusive criminal penalties for violations of Part 
     A, notwithstanding 18 U.S.C. 3571.

     SEC. 103. MOTOR CARRIER, WATER CARRIER, BROKER, AND FREIGHT 
                   FORWARDER PROVISIONS.

       This section creates a new Motor Carrier Act by amending 
     Subtitle IV of title 49. It inserts after chapter 117 a new 
     Part B relating to motor carriers, water carriers, brokers, 
     and freight forwarders. Part B is administered by the 
     Secretary except for those provisions which specifically 
     provide for administration by the Board.

                    Chapter 131--General Provisions


                         transportation policy

     House bill
       Sec. 13101. Transportation policy. This section maintains 
     the current national transportation policy for the Motor 
     Carrier Act.
     Senate amendment
       Sec. 13101 (Transportation policy) sets out the national 
     transportation policy from existing 49 U.S.C. 10101, and adds 
     a water policy for noncontiguous domestic trade.
     Conference substitute
       The Conference adopts the House provision with the Senate 
     addition and includes a public interest consideration.


                              definitions

     House bill
       Sec. 13102. Definitions. This section maintains existing 
     motor and water carrier definitions that apply to part B. 
     Revisions have been made to the definition of household goods 
     to deregulate office and trade show moves, and the definition 
     of foreign motor carriers is modified as requested by the 
     Department of Transportation to conform to the NAFTA treaty.
     Senate amendment
       Sec. 13102. (Definitions) imports those definitions from 
     existing 49 U.S.C. 10102 that would be applicable to Part B. 
     The definitions of foreign motor carriers and foreign motor 
     private carriers, which are needed for enforcement of the 
     provisions of the North American Free Trade Agreement 
     (NAFTA), are imported from existing 49 U.S.C. 10530. The 
     definition of residential household goods is subdivided 
     between those transported for the individual householder (for 
     which contract rates are precluded) and those transported 
     under an arrangement with a third party (which are not so 
     restricted). The definition of ``transportation'' was 
     expanded to include ``arranging for'', ``packing'', and 
     ``unpacking'' passengers and property as part of services 
     related to transportation.
     Conference substitute
       The Conference adopts the House provision modified by the 
     broader Senate language, with a technical clarification, 
     regarding the definition of ``freight forwarder.'' The 
     Conference adopts the Senate definition of ``transportation'' 
     to clarify that services related to the movement of 
     passengers or property include all pre- and post-move 
     services directly related to that transportation. The 
     Conference believes that, with respect to remedies, the 
     transportation of passengers and property includes the entire 
     process from arranging for the movement through the final 
     resolution of any claims disputes. In place of the definition 
     of the Panel, the Conference provides for a definition of the 
     Surface Transportation Board.


                                remedies

     House bill
       Sec. 13103. Remedies as cumulative. This section maintains 
     current law that remedies under this part are in addition to 
     remedies existing under another law or common law.
     Senate amendment
       The Senate amendment contains an identical provision with a 
     different section title.
     Conference substitute
       The Conference adopts the House provision.

                 Chapter 133--Administrative Provisions


                                 powers

     House bill
       Sec. 13301. Powers. This section transfers to the Secretary 
     all of the existing general regulatory powers of the ICC. 
     Subsection (f) also transfers existing ICC powers to the 
     Panel, insofar as they relate any functions under the Motor 
     Carrier Act transferred to the Panel.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                              intervention

     House bill
       Sec. 13302. Intervention. This section maintains current 
     law regarding the right of interested persons to be afforded 
     notice and an opportunity to participate in proceedings under 
     part B.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                           service of notice

     House bill
       Sec. 13303. Service of notice in proceedings. This section 
     maintains current law requiring entities regulated under part 
     B to designate an agent on whom service of notice of 
     administrative proceedings can be made, and includes 
     provisions requiring a motor carrier to file with appropriate 
     authorities in States in which the carrier operates.
     Senate amendment
       Sec. 13303 (Service of notice in proceedings under this 
     part) imports from existing 49 U.S.C. 10329 the provisions 
     requiring regulated entities to designate agents on whom 

[[Page H15045]]
     notice of administrative proceedings can be served.
     Conference substitute
       The Conference adopts the House provision.


                           service of process

     House bill
       Sec. 13304. Service of process in court proceedings. This 
     section maintains current law requiring motor carriers and 
     brokers to designate an agent on whom service of process in 
     court proceedings can be made.
     Senate amendment
       Sec. 13304 (Service of process in court proceedings) would 
     import from existing 49 U.S.C. 10330 the provisions requiring 
     carriers and brokers to designate an agent on whom notice of 
     court proceedings can be served, and allows States in which 
     carriers operate to require such designation to be filed with 
     it.
     Conference substitute
       The Conference adopts the Senate provision.

                       Chapter 135--Jurisdiction

     House bill
       Sec. 13501. General jurisdiction. This section transfers to 
     the Secretary and the Panel the current ICC jurisdiction over 
     transportation by motor carriers.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                                 alaska

     House bill
       Sec. 13502. Exempt transportation between Alaska and other 
     States. This section preserves the current exclusion from 
     jurisdiction for transportation conducted while in a foreign 
     country en route between Alaska and another state.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                             terminal areas

     House bill
       Sec. 13503. Exempt motor vehicle transportation in terminal 
     areas. This section preserves the current jurisdictional 
     exemptions for operations conducted in a terminal area.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                      transportation in one state

     House bill
       Sec. 13504. Exempt motor carrier transportation entirely in 
     one State. This section preserves the current exemption from 
     jurisdiction for transportation (other than of household 
     goods) and terminal operations within the State of Hawaii.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                            primary business

     House bill
       Sec. 13505. Transportation furthering a primary business. 
     This section preserves the current exemption from 
     jurisdiction for transportation, by a person engaged in a 
     business other than transportation, which furthers a primary 
     business.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision.


                        miscellaneous exemptions

     House bill
       Sec. 13506. Miscellaneous motor carrier transportation 
     exemptions. This section preserves the current exemption from 
     jurisdiction for several types of transportation and 
     transportation of certain commodities.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision.


                              mixed loads

     House bill
       Sec. 13507. Mixed loads of regulated and unregulated 
     property. This section preserves current law regarding the 
     transportation of regulated and unregulated property in the 
     same vehicle at the same time.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision.


                        cooperative associations

     House bill
       Sec. 13508. Limited authority over cooperative 
     associations. This section preserves current law regarding 
     authority over cooperative associations.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision.

              Subchapter II--Water Carrier Transportation


                              jurisdiction

     House bill
       Sec. 13521. General jurisdiction. This section transfers to 
     the Secretary and the Panel the current jurisdiction of the 
     ICC over water carrier transportation. The jurisdiction has 
     been expanded to include port-to-port water carrier 
     transportation and transportation to the U.S. territories.
     Senate amendment
       Sec. 13521 (General jurisdiction) imports the basic 
     jurisdictional statement of existing 49 U.S.C. 10541(a) 
     (except for the introductory clause that allowed regulation 
     through other laws) to the Board.
     Conference substitute
       The Conference adopts the House provisions modified by 
     moving subsection (b), relating to exemptions of water 
     carriers from the requirements of sections 13701 or 13702, to 
     section 13541(e)(2).

               Subchapter III--Freight Forwarder Service


                              jurisdiction

     House bill
       Sec. 13531. General jurisdiction. This section transfers to 
     the Secretary jurisdiction over all freight forwarders and 
     certain household goods freight forwarders.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.

                   Subchapter IV--Authority to Exempt


                          exemption authority

     House bill
       Sec. 13541. Authority to exempt transportation or services. 
     This section broadens the ICC's current exemption authority 
     and grants the Secretary and the Panel broad regulatory 
     exemption authority over the entire Motor Carrier Act. 
     However, it provides that this exemption authority may not be 
     used to relieve an entity from the cargo liability, 
     insurance, safety fitness requirements or antitrust immunity 
     authorities under sections 13703 and 14302 or activities not 
     terminated under 13907(d)(2).
     Senate amendment
       Sec. 13541 (Authority to exempt transportation or service) 
     gives broad exemption authority, comparable to that of the 
     Board under 49 U.S.C. 10505, to both the Secretary and the 
     Board, for each to apply to the portions of Part B that it is 
     charged with administering. This exemption authority could 
     not be used to relieve an entity from the cargo liability, 
     insurance, or safety fitness requirements of Part B, however, 
     unless that entity would have been eligible for a statutory 
     exemption available prior to this bill. The Secretary or 
     Board may not exempt a water carrier from sections 13701 or 
     13702.
     Conference substitute
       The Conference adopts the House provision from section 
     13521(b), modified by the Senate language prohibiting the 
     Secretary or the Board from exempting a water carrier from 
     the requirements of sections 13701 or 13702.

                 Chapter 137--Rates and Through Routes


                            reasonable rates

     House bill
       Sec. 13701. Requirements for rates, classifications, 
     through routes, rules, and practices for certain 
     transportation. This section virtually eliminates existing 
     ICC motor carrier rate regulation by limiting the rate 
     reasonableness requirements only to household goods 
     movements, a movement by or with a water carrier in non-
     contiguous domestic trade and collective rates, rules and 
     classification under an agreement pursuant to section 13709. 
     The section maintains the current basic rate reasonableness 
     requirements for these three limited areas and transfers the 
     regulatory authority to the Panel to prescribe a rate when 
     the carrier's rate is not reasonable. Zone of reasonableness 
     provisions for water carriers are included.
     Senate amendment
       Sec. 13701 (Requirements for rates, classifications, 
     through routes, rules, and practices for certain 
     transportation) retains rate regulation for two categories of 
     traffic under Part B: (1) residential households goods 
     movements and (2) joint-rate water-motor movements in non-
     contiguous domestic trade. For the two categories of traffic 
     for which rates would be regulated, subsection (a) would 
     import the basic rate reasonableness requirement from 
     existing 49 U.S.C. 10701, while subsection (b) would import 
     from existing 49 U.S.C. 10704 and section 10705 the 
     regulatory authority to prescribe a rate when the carrier's 
     rate is unreasonable. The responsibility for administering 
     these provisions would be placed with the Board. Subsection 
     (d) set forth the requirements for reasonable rate 
     determination for noncontiguous domestic trade.
     Conference substitute
       The Conference adopts the House provision modified by the 
     Senate language in subsection (d) establishing a ``zone of 
     reasonableness'' of 7.5 percent (adjusted by the 

[[Page H15046]]
     change in the Consumer Price Index) above or 10 percent below the rate 
     in effect one year prior to the proposed rate for motor 
     carriers and port-to-port movements by water carriers in the 
     noncontiguous domestic trades.


                          tariff requirements

     House bill
       Sec. 13702. Tariff requirement for certain transportation. 
     This section narrows the requirements to maintain tariffs to 
     two categories of traffic: noncontiguous domestic trade and 
     movements of household goods paid for by the householder. 
     Tariff filings with the Panel are required only for 
     noncontiguous domestic trade and certain requirements for the 
     composition of tariffs are streamlined and clarified. Carries 
     providing transportation of household goods must publish 
     tariffs and maintain such tariffs for inspection, are bound 
     by the terms of the tariffs, and transportation without a 
     tariff is prohibited. This section also precludes the 
     possibility of any future undercharges.
     Senate amendment
       Sec. 13702 (Tariff requirement for certain transportation) 
     retains a tariff requirement only for the same two limited 
     categories of traffic: (1) joint rates for motor-water 
     movements in noncontiguous domestic trade and (2) residential 
     movements of household goods. Subsection(a) imports from 
     existing 49 U.S.C. 10761 the requirement for a tariff and the 
     prohibition against charging an amount different from that 
     contained in the tariff. Subsections (b) through (e) imports 
     the applicable tariff filing requirements of existing 49 
     U.S.C. 10762 for joint-rate movements in the non-contiguous 
     domestic trade. The tariffs for such movements would be filed 
     with the Board. Subsection (f) requires household goods 
     carriers to maintain tariffs applicable to those residential 
     moves, but does not require that those tariffs be filed with 
     the Board. Rather, those tariffs are required to be published 
     and kept open and available for inspection. The carrier is 
     bound by the terms of its tariffs, and is prohibited from 
     transporting residential household goods movements for 
     individual householders without a tariff. The Board is 
     charged with administering and enforcing these requirements.
     Conference substitute
       The Conference adopts the House provision, modified in 
     subsection (a) to exempt transportation for charitable 
     purposes without charge. Subsection (b) of this section 
     allows the Board to prescribe the form and manner of 
     publishing and filing tariffs. In prescribing the methods for 
     making tariffs available for public inspection, the Board is 
     urged to continue the FMC's practice of allowing carriers to 
     file their tariffs electronically.


                         COLLECTIVE ACTIVITIES

     House bill
       Sec. 13703. Certain collective activities; exemption from 
     antitrust laws. This section streamlines and reforms the 
     current authority to exempt carriers from the antitrust law. 
     The section authorizes the Panel to approve agreements 
     between motor carriers and confer antitrust immunity for 
     establishing through routes and joint rates, rates for the 
     movement of household goods, classifications and mileage 
     guides and certain other activities. Agreements may be 
     approved only if the Panel finds it is in the public interest 
     and the approval would expire three years after the approval 
     date. Approvals may be renewed unless renewal is not in the 
     public interest.
     Senate amendment
       Sec. 13703 (Certain collective activities: exemption from 
     antitrust laws), imported from existing 49 U.S.C. 10706, 
     provides for Board approval of, and concomitant antitrust 
     immunity for, certain motor carrier collective activities. 
     Subsection (d) would make Board approval effective only for a 
     3-year period; an approval would expire at the end of the 3-
     year period if not reapproved at the request of the carriers. 
     Subsection (e) would contain a ``grandfather'' provision 
     allowing existing approved agreements to continue in effect 
     (unless earlier withdrawn or revoked) for an initial 3 years 
     (at the end of which the renewal requirement would apply). 
     Subsection (f) would preclude the approval of collective 
     activity from providing a basis for an undercharge claim and 
     it would provide that an undercharge claim could not be based 
     solely on a commodity classification established pursuant to 
     that section. Subsection (g) would codify the existing ICC 
     requirement, upheld by the courts, that a carrier must 
     participate in a mileage guide established under an approved 
     collective-action agreement in order to enforce mileage rates 
     using such a guide.
     Conference substitute
       The conference adopts the House provision with a 
     modification to subsection (g)(2) to clarify that carriers 
     may use mileage guides formulated under an agreement approved 
     under this section or any other published mileage guide that 
     can be examined by any interested person upon reasonable 
     request.


                         HOUSEHOLD GOODS RATES

     House bill
       Sec. 13704. Household goods rates--estimates; guarantees of 
     service. This section incorporates current law allowing 
     household goods carriers to use binding estimates and 
     guaranteed pick-up and delivery times. Oversight is 
     transferred to the Secretary.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                   THROUGH ROUTES AMONG BUS CARRIERS

     House bill
       Sec. 13705. Requirements for through routes among motor 
     carriers of passengers. This section preserves current law 
     providing that intercity but companies may establish through 
     routes with each other and such through routes must be 
     reasonable. It authorizes the Panel to prescribe through 
     routes and the conditions under which they are operated when 
     necessary to enforce the requirement for rate reasonableness. 
     This section permits the Panel to resolve disputes between 
     but carriers involving their operations.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provisions.


                         liabiality for payment

     House bill
       Sec. 13706. Liability for payment of rates. This section 
     preserves current law regarding the liability, as between a 
     consignor or consignee, for payment for transportation.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provisions.


                            payment of rates

     House bill
       Sec. 13707. Payment of Rates. This section retains current 
     law regarding payment for transportation and services and 
     allows the extension of credit.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the House provisions.


                    billing and collecting practices

     House bill
       Sec. 13708. Billing and collecting practices. This section 
     preserves current law regarding the truth-in-billing 
     requirement, enacted for motor carriers in the Negotiated 
     Rates Act of 1993 and requires a carrier to disclose whether 
     and to whom an allowance or reduction is made.
     Senate amendment
       Sec. 13707 (Billing and collecting practices) preserves the 
     truth-in-billing requirement of existing 49 U.S.C. 10767(b), 
     enacted for motor carriers in the Negotiated Rates Act of 
     1993. It also retains the prohibition against rate reductions 
     to someone other than the person ultimately responsible for 
     paying the transportation charges.
     Conference substitute
       The Conference adopts the provisions.


                        undercharge settlements

     House bill
       Sec. 13709. Procedures for resolving claims involving 
     unfiled, negotiated transportation rates. This section 
     preserves, and places under the Panel's administration, the 
     undercharge resolution provisions, as enacted in the 
     Negotiated Rates Act of 1993, for transportation conducted 
     prior to the effective date of this Act.
     Senate amendment
       Sec. 13708. (Procedures for resolving claims involving 
     unfiled, negotiated transportation rates) contains an 
     identical provision with only a technical change.
     Conference substitute
       The Conference adopts the Senate provisions.


                   additional undercharge provisions

     House bill
       Sec. 13710. Additional motor carrier undercharge 
     provisions. This section preserves, and places under the 
     Panel's administration, further undercharge procedures 
     enacted in the transportation Regulatory Reform Act of 1994 
     (TIRRA).
     Senate amendment
       Section 13709 (Additional motor carrier undercharge 
     provisions) would import and place under the Board's 
     administration, the further billing and undercharge 
     procedures of existing 49 U.S.C. 10762(a)93)-(5), enacted in 
     the Transportation Regulatory Reform Act of 1994 (TIRRA).
     Conference substitute
       The Conference adopts the House provisions with a 
     modification to subsection (a)(2) relating to rate 
     applicability or reasonableness disputes.


                   alternative undercharge procedure

     House bill
       Sec. 13711. Alternative procedure for resolving undercharge 
     disputes. This section expands and codifies the undercharge 
     relief provided in section 2(e) of the Negotiated Rates Act 
     of 1993 (NRA). Specifically, it expands the unreasonable 
     practice relief by removing the September 30, 1990 cut-off 
     date. The section applies to all cases and proceedings 
     pending on the effective date of the section.
     Senate amendment
       Sec. 13710 (Alternative procedure for resolving undercharge 
     disputes) codifies the 

[[Page H15047]]
     under charge relief provided in section 2(e) of the Negotiated Rates 
     Act of 1993 (NRA). It expands that unreasonable practice 
     relief by removing the September 30, 1990, cut-off date.
     Conference substitute
       The Conference adopts the House provisions.


                           government traffic

     House bill
       Sec. 1712. Government traffic. This section preserves 
     current law that transportation may be provided for the U.S. 
     Government at discounted rates.
     Senate amendment
       Sec. 13711. (Government traffic) contains an identical 
     provision.
     Conference substitute
       The Conference adopts the provisions.


                    food and grocery transportation

     House bill
       Sec. 13713. Food and grocery transportation. This section 
     preserves current law regarding compensation to a customer 
     picking up food and grocery products at the shipping point of 
     a seller using a uniform zone delivered pricing system.
     Senate amendment
       Sec. 13712 (Food and grocery transportation) contains an 
     identical provision.
     Conference substitute
       The Conference adopts the provision.
Chapter 139--Registration


                        registration requirement

     House bill
       Sec. 13901. Requirement for registration. This section 
     conforms current law to provide that carriers register, 
     rather than be granted a certificate of operating authority. 
     This section preserves the concept from current law that a 
     person may operate as a motor carrier, broker, or freight 
     forwarder only if registered with the Secretary under chapter 
     139.
     Senate amendment
       The Senate contains nearly identical provision with one 
     minor technical difference.
     Conference substitute
       The Conference adopts the House provision.


                       motor carrier registration

     House bill
       Sec. 13902. Registration of motor carriers. This section 
     transfers the responsibility and current requirements for 
     registration of for-hire motor carriers to the Secretary. 
     Registration is based on safety fitness and financial 
     responsibility and shall be withheld if the carrier does not 
     meet these requirements. This section also covers small 
     package carriers and provides for intrastate bus service in 
     conjunction with interstate bus operations. This section 
     contains special registration provisions for foreign 
     carriers, amended as requested by the Department of 
     Transportation to reflect requirements under the NAFTA 
     treaty.
     Senate amendment
       Sec. 13902 (Registration of motor carriers), distilled from 
     existing 49 U.S.C. 10922, contains the registration 
     provisions for motor carriers (in subsection (a)). With 
     respect to intercity bus operations, it retains the current 
     restrictions on subsidized operations to prevent them from 
     competing unfairly with unsubsidized operations (in 
     subsections (b)(1)-(2), (8)). It retains the current 
     provisions authorizing intrastate service to be provided in 
     conjunction with interstate bus operations (in subsections 
     (b)(3)-(6)). It retains the existing preemption for intercity 
     bus operations providing pickup and delivery of express 
     packages, newspapers or mail (in subsection (b)(7)). Finally, 
     it contains special registration provisions for foreign 
     carriers, drawn from existing 49 U.S.C. 10530 and 10922(m), 
     to reflect the special foreign policy implications in that 
     area (in subsection (c)).
     Conference substitute
       The Conference adopts the House provision with Senate 
     modifications to clarify that the registration requirements 
     do not affect the requirement for foreign motor private 
     carriers operating to the United States to comply with laws 
     and regulations relating to fitness, safety, financial 
     responsibility, and taxes. In addition, the Conference adopts 
     a new subsection (d) which authorizes the Secretary, pending 
     implementation of the new registration system under section 
     13908, to continue to register persons separately as motor 
     common carriers and motor contract carriers and the Secretary 
     is authorized to continue to collect fees for registering as 
     both common and contract carriers.


                     freight forwarder registration

     House bill
       Sec. 13903. Registration of freight forwarders. This 
     section transfers the responsibility for registration and 
     current requirements of freight forwarders to the Secretary. 
     Registration is based on whether the registrant is willing 
     and able to provide the service and comply with requirements 
     imposed by the Secretary and Panel. When a freight forwarder 
     acts in the capacity of a carrier for the entire move, it 
     must be registered as a carrier as well.
     Senate amendment
       Sec. 13903 (Registration of freight forwarders), drawn from 
     existing 49 U.S.C. 10923(a), contains the registration 
     provisions for freight forwarders and provides a freight 
     forwarder must be fit, willing and able to provide the 
     service and comply with regulations of the Secretary and the 
     Board. The registration requirement is extended to all 
     freight forwarders (not just those handling household goods). 
     Freight forwarders of commodities other than household goods 
     are not subjected to any further regulation of their 
     activities beyond the registration requirement. It continues 
     the current requirement that, when a freight forwarder acts 
     in the capacity of a carrier for the entire move, it must be 
     registered as a carrier as well.
     Conference substitute
       The Conference adopts the Senate provision.


                          broker registration

     House bill
       Sec. 13904. Registration of brokers. This section transfers 
     the responsibility for registration of brokers to the 
     Secretary. Registration is based on whether the registrant is 
     willing and able to provide the service and comply with 
     requirements imposed by the Secretary and Panel.
     Senate amendment
       Sec. 13904 (Registration of motor carrier brokers), drawn 
     from existing 49 U.S.C. 10924, would contain the registration 
     provisions for brokers that require a broker to be fit, 
     willing and able to be a broker and to comply with laws and 
     regulations. A broker may provide transportation itself only 
     if the broker also has been registered to provide 
     transportation under the chapter.
     Conference substitute
       The Conference adopts the Senate provision with a technical 
     modification.


                        periods of registration

     House bill
       Sec. 13905. Effective periods of registration. This section 
     transfers to the Secretary the requirement that a 
     registration generally remain in effect for so long as the 
     registrant maintains its insurance coverage. However, the 
     Secretary may amend or revoke a registration on request of 
     the registrant or suspend or revoke a registration on 
     complaint or on the Secretary's initiative for cause. Cause 
     for suspension or revocation may be unsafe operations, lack 
     of the required insurance coverage, or failure to comply with 
     regulatory requirements. This section also provides that any 
     person currently have authority to provide transportation is 
     deemed to be registered to provide transportation or service 
     under this part.
     Senate amendment
       Sec. 13905 (Effective periods of registration), drawn from 
     existing 49 U.S.C. 10925, provides for a registration 
     generally to remain in effect for five years so long as the 
     registrant maintains its insurance coverage (subsection a). 
     However, the Secretary could amend or revoke a registration 
     on request of the holder (subsection (b)), or suspend or 
     revoke a registration on complaint or on the Secretary's own 
     initiative for cause (subsections (b)-(d)). Cause for 
     suspension or revocation could be unsafe operations, lack of 
     the required insurance coverage, or failure to comply with 
     regulatory requirements. The new section eliminates any 
     advance notice requirement for the Secretary to address 
     imminent safety hazards, given the nature of the hazards in 
     such situations.
     Conference substitute
       The Conference adopts the House provision with a 
     modification that the effective period of registration shall 
     be for such periods as the Secretary determines appropriate, 
     up to 5 years.


                         security requirements

     House bill
       Sec. 13906. Security of motor carriers, brokers, and 
     freight forwarders. This section transfers to the Secretary 
     the insurance or bonding requirements for a motor carrier, 
     broker, and freight forwarder needed to obtain and keep a 
     registration to operate. Registration remains in effect only 
     as long as the registrant continues to satisfy these security 
     requirements. The provision also transfers the current 
     authority for a motor carrier to qualify as a self-insurer 
     under standards set by the Secretary. The section requires 
     insurance carriers to notify the Secretary in advance of any 
     cancellation of insurance, and directs that the insurance 
     policy or surety bond provide for full coverage to the stated 
     amount.
     Senate amendment
       Sec. 13906 (Security of motor carriers, brokers, and 
     freight forwarders), drawn from existing 49 U.S.C. 10927, 
     contains the minimum insurance or bonding requirements needed 
     for a motor carrier, broker, or freight forwarder to obtain 
     and keep a registration to operate. It would specify that a 
     registration would remain in effect only as long as the 
     registrant continues to satisfy these security requirements. 
     The Secretary would determine the type and amount of security 
     required, and under what circumstances a carrier could self-
     insure. It would maintain the ICC's current requirements that 
     insurance carriers provide advance notice of any cancellation 
     of insurance, and that full (``first-dollar'') coverage be 
     provided.
     Conference substitute
       The Conference adopts the House provision.


                         household goods agents

     House bill
       Sec. 13907. Household goods agents. This section preserves 
     the current law that permits agent-van line arrangements to 
     receive 

[[Page H15048]]
     antitrust immunity. It retains a household goods carrier's 
     responsibility for its agents and their actions. It also 
     retains federal regulatory oversight over the agents used by 
     such carriers and continues the antitrust immunity for 
     discussions and agreements between such carriers and their 
     agents but provides that the Panel may modify or terminate 
     activities afforded antitrust immunity if not in the public 
     interest. For purposes of this section, the term ``household 
     goods'' has the meaning such term had under section 10102(11) 
     on the day before the date of enactment.
     Senate amendment
       Sec. 13907 (Household goods agents), incorporating existing 
     49 U.S.C. 10934, retains a household goods carrier's 
     responsibility for its agents and their actions. It would 
     also retain federal regulatory oversight over the agents used 
     by such carriers, and continue the antitrust immunity for 
     discussions and agreements between such carriers and their 
     agents.
     Conference substitute
       The Conference adopts the House provision.


                         reform of registration

     House bill
       Sec. 13908. Registration and other reforms. This section 
     directs the Secretary, in cooperation with the States and 
     within 24 months, to issue regulations to consolidate the 
     current Department of Transportation registration system, the 
     Single State Registration System and the current DOT 
     insurance registration system into one unified, computerized 
     system to be administered by the Secretary. The Secretary may 
     establish fees to fully support the system. If the Secretary 
     determines that no States should require insurance filing or 
     collect fees for such filings, the Secretary may prevent any 
     State or political subdivision from imposing filing 
     requirements or fees that are for the same purposes as the 
     new registration system under this section.
     Senate amendment
       Sec. 13908 (Registration and other reforms) directs the 
     Secretary to conduct a study of whether, and to what extent, 
     the various existing overlapping motor carrier registration 
     provisions should be modified or replaced with a single, on-
     line federal system. The existing system to be studied 
     include the DOT identification number system, the single-
     State registration system under section 14505, the system for 
     administering the registration requirements of sections 
     13901-13095, and the system for administering the insurance 
     provisions of section 13906. Section 13908 would enumerate 
     some of the factors to be considered by the Secretary. It 
     would also permit the Secretary to impose user fees that 
     cover the full cost of maintaining these systems. Finally, it 
     directs the Secretary to conclude the study within 18 months 
     and report to Congress on the findings and any appropriate 
     legislation change needed
     Conference substitute
       The Conference adopts the House provision with a modified 
     subsection (d) concerning the single state registration 
     program. The modified subsection (d) provides that the 
     Secretary can prevent States from requiring insurance filings 
     and collecting fees only if the Secretary could ensure that 
     fees collected by the Secretary under the new registration 
     system and distributed to the States will provide each State 
     with at least as much revenue as that State received in 
     fiscal year 1995 under the single state registration system.

                  Chapter 141--Operations of Carriers

                   Subchapter I--General Requirements


                        Providing Transportation

     House bill
       Sec. 14101. Providing transportation and service. This 
     section preserves current law regarding the common carrier 
     obligation--a carrier's obligation to provide transportation 
     or service on reasonable request and to provide safe and 
     adequate service, equipment, and facilities. Carriers are 
     allowed to enter into contracts and shippers may, in writing, 
     waive all rights and remedies under this part for 
     transportation covered by the contract.
     Senate amendment
       Sec. 14101 (Providing transportation and service), taken 
     from existing 49 U.S.C. 11101, continues the basic common 
     carrier obligation to provide transportation or service on 
     reasonable request and to provide safe and adequate service, 
     equipment, and facilities. It would expressly allow carriers 
     to enter contracts for specific shipments (other than for 
     residential household goods movements arranged and paid for 
     directly by the householder) under which both parties may 
     waive their rights and remedies (except for registration, 
     insurance, or safety fitness requirements).
     Conference substitute
       The Conference adopts the Senate provision. Confidential 
     contracts are currently allowed by water carriers in the 
     noncontinuous domestic trade with Alaska. This subsection 
     expands the trades in which confidential contracts may be 
     used to include all of the noncontiguous domestic trades. 
     This section does not prohibit the use of confidential 
     contracts for the transportation by water of military 
     household goods.


                            Leased Vehicles

     House bill
       Sec. 14102. Leased motor vehicles. This section transfers 
     to the Secretary and preserves the current leasing 
     provisions, regulating the relationship between registered 
     carriers and the owner-operators that they may use for 
     providing service.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                         Loading and unloading

     House bill
       Sec. 14103. Loading and unloading motor vehicles. This 
     section preserved current law regarding ``lumping'' (the 
     utilization of other persons to load or unload freight from a 
     truck) in the trucking industry, whether or not the carriers 
     involved are subject to jurisdiction under the act.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                       Household goods operations

     House bill
       Sec. 14104. Household goods carrier operations. This 
     section preserves the performance standards for household 
     goods carriers.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.

                   Subchapter II--Reports and Records


                              Definitions

     House bill
       Sec. 14121. Definitions. This section provides that 
     requirements under this subchapter extend to receivers, 
     trustees, and associations of carriers or brokers.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                                records

     House bill
       Sec. 14122. Records: Form; inspection; preservation. This 
     section preserves current law and allows the Secretary or the 
     Panel, as applicable to prescribe the form of records to be 
     kept by carriers and brokers, to inspect those records, and 
     to set how long those records must be retained by carriers 
     and brokers.
     Senate amendment
       Sec. 14122 (Records; Form; inspection; preservation), 
     imported from existing 49 U.S.C. 11144, allows the Secretary 
     and the Board, as appropriate, to prescribe the form of 
     records to be kept by carriers and brokers, to inspect those 
     records, and to set how long those records must be retained 
     by the carrier.
     Conference substitute
       The Conference adopts the House provision.


                          financial reporting

     House bill
       Sec. 14123. Financial reporting. Section 14123 provides 
     that the Secretary shall require annual financial reporting 
     from Class I carriers and may require financial reporting 
     from Class II carriers. Factors that the Secretary must 
     consider in determining what matters must be covered by the 
     reports are set forth. The Secretary may grant a three-year 
     exemption from publication of reports for privately held 
     carriers which do not report to the Securities and Exchange 
     Commission if necessary to avoid competitive harm and to 
     avoid the disclosure of trade secrets or privileged or 
     confidential information. The Secretary is directed to 
     streamline and simplify reporting requirements.
     Senate amendment
       Sec. 14123 (Reports by carriers, brokers, and 
     associations), drawn from existing 49 U.S.C. 11145, requires 
     Class I and Class II carriers to file annual reports with the 
     Secretary, but allows the Secretary to waive that requirement 
     for one-year periods for individual carriers where necessary 
     to avoid competitive harm and preserve confidential business 
     information that is not otherwise publicly available.
     Conference substitute
       The Conference adopts a modified provision. The Secretary 
     is directed to require annual financial reporting from Class 
     I and Class II carriers. The Secretary may grant an exemption 
     from the filing requirement for any party which can 
     demonstrate an exemption is necessary to avoid competitive 
     harm and preserve confidential business information not 
     available elsewhere. Alternatively, the Secretary may grant 
     an exemption from publication of reports (filing could still 
     be required) for privately-held companies which do not file 
     with the Securities and Exchange Commission in order to avoid 
     competitive harm and avoid disclosure of trade secrets or 
     privileged or confidential information. Exemptions shall be 
     granted for three years. The Secretary may require quarterly 
     reports from other parties and is directed to streamline and 
     simplify reporting requirements. The Board may require 
     carriers to file special reports.
     
[[Page H15049]]


                          Chapter 143--Finance


                           security interests

     House bill
       Sec. 14301. Security interests in certain motor vehicles. 
     This section preserves current law governing the recordation 
     of security interests in trucks, tractors, and trailers.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                                pooling

     House bill
       Sec. 14302. Pooling and division of transportation or 
     earnings. This section preserves current law providing for 
     Panel supervision and approval of pooling arrangements among 
     motor carriers. Approval confers immunity from antitrust and 
     other laws for approved pooling arrangements as current law 
     provides. In this section, the term `household goods' has the 
     meaning of the term in section 10102(11), as in effect the 
     day before the date of enactment.
     Senate amendment
       Sec. 14302 (Pooling and division of transportation or 
     earnings), drawn from existing 49 U.S.C. 11342, provides for 
     Board supervision of pooling arrangements among motor 
     carriers. It retains the immunity from antitrust and other 
     laws currently in 49 U.S.C. 11341. It also includes a 
     grandfather provision for existing approved arrangements.
     Conference substitute
       The Conference adopts the House provision, modified to 
     include the Senate grandfather clause concerning existing 
     agreements in subsection(g).


                              bus mergers

     House bill
       Sec. 14303. Consolidation, Merger and Acquisition of 
     Control of Motor carriers of Passengers. This section retains 
     current law providing for Panel approval of mergers or other 
     consolidation of intercity bus carriers with aggregate gross 
     operating revenues greater than $2 million. A transaction 
     approved under this section in exempt from antitrust laws as 
     necessary to carry out the transaction.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision, modified to add three 
     subsections to preserve current law regarding the 
     applicability of certain requirements when a person who is 
     not a carrier acquires control of at least one carrier 
     (subsection (h)), temporary approval (subsection (i)), and 
     continuing jurisdiction to issue supplemental orders 
     (subsection (j)).

                  Chapter 145--Federal-State Relations


                     preemption of state regulation

     House bill
       Sec. 14501. Federal authority over intrastate 
     transportation. This section preserves existing prohibitions 
     against intrastate regulation of intercity bus rates, 
     scheduling, and discontinuances or reductions in service; the 
     rates, routes, or services of freight forwarders and 
     transportation brokers; and trucking prices, routes, or 
     services. The section provides a new exemption (from the 
     preemption of State regulation of intrastate regulation) 
     relating to the price of transportation provided by tow 
     trucks when the transportation is performed without the prior 
     consent or authorization of the owner or operator of the 
     vehicle.
     Senate amendment
       Sec. 14501 (Federal authority over intrastate 
     transportation) incorporates existing prohibitions against 
     intrastate regulation. The preemption would be narrowed, 
     however, to allow State and local governments to regulate the 
     price and related conditions of transportation provided by 
     tow trucks if the transportation is performed at the request 
     of a law enforcement agency or without the prior consent or 
     authorization of the owner or operator of the vehicle.
     Conference substitute
       The Conference adopts the House provision, modified to 
     allow States to continue to provide antitrust immunity for 
     pooling and agent-van line operations under subsection 
     (c)(3)(A), and to remove the effective date for the 
     preemption as to the State of Hawaii.
       Non-consent tows occur when vehicle owners/operators are 
     unable to give their voluntary consent to the tow. Non-
     consent tows typically occur in emergency situations and when 
     tows are made from private property. The tow truck provision 
     in this section is designed to allow States and local 
     governments to regulate the price of tows in non-consent 
     cases.
       The Conference is concerned about restrictive State entry 
     requiremetns for household goods carriers and encourages 
     States to review their entry requiremetns to ensure that they 
     are consistent with efficiency and consumer protection.


                           tax discrimination

     House bill
       Sec. 14502. Tax discrimination against motor carrier 
     transportation property. This section preserves current 
     restrictions on the authority to State and local authorities 
     to tax property used to provide interstate trucking service.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                   withholding of state and local tax

     House bill
       Sec. 14503. Withholding State and local income tax by 
     certain carriers. This section preserves the restrictions on 
     the authority of State and local authorities to tax the 
     earnings of employees of motor carriers and water carriers.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                           state registration

     House bill
       Sec. 14504. Registration of motor carriers by a State. This 
     section transfers the current Single State Registration 
     System for evidencing motor carrier insurance coverage to the 
     Secretary until DOT develops a replacement under section 
     13908.
     Senate amendment
       Sec. 14505 (Single State Registration Systems) preserves 
     the existing single state registration system for evidencing 
     motor carrier insurance coverage.
     Conference substitute
       The Conference adopts the House provision with a technical 
     modification in section (c)(2)(B)(v).


                               state tax

     House bill
       Sec. 14505. State tax. This section prohibits a State or 
     political subdivision of a State from levying a tax on bus 
     tickets for interstate travel. This reverses a recent Supreme 
     Court decision permitting States to do so and conforms 
     taxation of bus tickets to that of airline tickets.
     Senate amendment
       The Senate amendment contains an identical provision in 
     section 14504.
     Conference substitute
       The Conference adopts the House provision.

       Chapter 147--Enforcement; Investigations; Rights; Remedies


                               authority

     House bill
       Sec. 14701. General authority. This section gives the 
     Secretary and the Panel the general authority to conduct 
     investigations and hear complaints, with respect to the 
     functions assigned to each, as the ICC has under current law.
     Senate amendment
       Sec. 14701 (General authority) gives the Secretary and the 
     Board the same general authority to conduct investigations 
     and hear complaints, with respect to the functions assigned 
     to each, as the ICC has had under 49 U.S.C. 11701.
     Conference substitute
       The Conference adopts the Senate provision.


                  enforcement by regulatory authority

     House bill
       Sec. 14702. Enforcement by the regulatory authority. This 
     section preserves for the Secretary and the Panel, as to 
     those regulatory functions transferred to each, the ICC's 
     authority to bring civil enforcement actions in court.
     Senate amendment
       Sec. 14702 (Enforcement by the regulatory authority) 
     preserves for the Secretary and the Board, as to those 
     functions transferred to each under Part B, the ICC's 
     authority in 49 U.S.C. 11702 to bring civil enforcement 
     actions in court and, through its own attorneys, to bring or 
     participate in civil actions involving undercharge claims.
     Conference substitute
       The Conference adopts the Senate provision.


                    enforcement by attorney general

     House bill
       Sec. 14703. Enforcement by the Attorney General. This 
     section preserves the Attorney General's authority to bring 
     civil or criminal enforcement actions relating to this part, 
     including orders or regulations of the Secretary or the 
     Panel.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                          rights and remedies

     House bill
       Sec. 14704. Rights and remedies of persons injured by 
     carriers or brokers. This section provides for private 
     enforcement of the provisions of the Motor Carrier Act in 
     court. This expands the current law, which only permits 
     complaints brought under the Act to be brought before the 
     ICC. This section provides that an injured person may bring a 
     civil action to enforce an order of the Secretary or the 
     Board under this part. This section also provides that 
     complaints brought to enforce the motor carrier leasing and 
     lumping rules may also seek injunctive relief.
     
[[Page H15050]]

     Senate amendment
       Sec. 14704 (Rights and remedies of persons injured by 
     carriers or brokers) incorporates from 49 U.S.C. 11705 the 
     right of an injured person to bring a civil action to enforce 
     an order of the Secretary or the Board under Part B. It would 
     remove any requirement that an injured person bring the 
     complaint to the agency first.
     Conference substitute
       The Conference adopts the House provision. The ability to 
     seek injunctive relief for motor carrier leasing and lumping 
     violations is in addition to and does not in any way preclude 
     the right to bring civil actions for damages for such 
     violations.


                         limitations on actions

     House bill
       Sec. 14705. Limitation on actions by and against carriers. 
     This section preserves the current relevant statutes of 
     limitations for bringing court suits by or against carriers 
     and makes the time limits uniform for all types of traffic.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                               liability

     House bill
       Sec. 14706. Liability of carriers under receipts and bills 
     of lading. This section preserves the current liability 
     provisions, which makes carriers and freight forwarders fully 
     liable for loss or damage except to the extent there is a 
     prior agreement between the carrier and shipper limiting the 
     carrier's liability or if the carrier maintains a schedule of 
     rules and rates which is provided to the shipper upon 
     request. The Secretary is directed to submit to Congress 
     within 18 months a report on whether any modifications or 
     reforms should be made to the loss and damage provisions of 
     this section.
     Senate amendment
       Sec. 14706 (Liability of carriers under receipts and bills 
     of lading) preserves in Part B the ``Carmack Amendment'' 
     contained in 49 U.S.C. 11707, which makes carriers and 
     freight forwarders fully liable for loss or damage except to 
     the extent the parties agreed in advance to limit the 
     carrier's liability.
     Conference substitute
       The Conference adopts the House provision with 
     modifications. The language in subsection (c)(1) has been 
     revised to clarify that carriers may, subject to the 
     provision of this chapter (including the requirements of 
     section 13710(a)), establish rates under which the liability 
     of the carrier is limited to a value established by written 
     or electronic declaration of the shipper or by written 
     agreement between the carrier and shipper if that value would 
     be reasonable. If the motor carrier does not file a tariff 
     with the Board, it shall provide under section 13710(a) to 
     the shipper, upon request, the rate, classification, rules, 
     and practices upon which any rate applicable to a shipment, 
     or agreed to, is based. The new subsection also prohibits 
     discussion, consideration or approval as to rules to limit 
     liability on the part of carriers acting under an agreement 
     approved pursuant to section 13703. The conference agreement 
     includes the Senate provision that the review by the 
     Secretary on whether modifications or reforms should be made 
     to the cargo loss and damage provision should be completed 
     within 12 months.
       The intention of this conference agreement is to replicate, 
     as closely as possible, the practical situation which 
     occurred prior to the enactment of the Trucking Industry 
     Regulatory Reform Act of 1994 (TIRRA), which repealed the 
     requirement that tariffs be filed with the ICC for 
     individually determined rates. Prior to the enactment of 
     TIRRA, carriers had the ability to limit liability as a part 
     of the terms contained in the tariff. By signing a bill of 
     lading which incorporated by reference the tariff, the 
     shipper was deemed to have agreed to the tariff and its 
     conditions and terms. However, the carrier was under no 
     obligation to specifically notify the shipper of the 
     conditions or terms of the tariff. It was the responsibility 
     of the shipper to take an affirmative step to determine what 
     was contained in the tariff--usually through the retaining of 
     a tariff watching service. An unintended and unconsidered 
     consequence of TIRRA was that, when the tariff filing 
     requirement was repealed, carriers lost this particular 
     avenue as a way of limiting liability. This provision is 
     intended to return to the pre-TIRRA situation where shippers 
     were responsible for determining the conditions imposed on 
     the transportation of a shipment.
       The provision continues an existing provision from section 
     10730, but substitutes a reference to new section 13710 for 
     the old law's reference to section 10702. In the TIRRA, the 
     Congress eliminated most individual tariff filings (provided 
     for under 10702) and substituted a regime (contained in 
     section 13710) where carriers would maintain schedules of 
     rates, classifications, rules and practices and make such 
     schedules available to shippers upon request.


                  private enforcement of registration

     House bill
       Sec. 14707. Private enforcement of registration 
     requirement. This section preserves the current private 
     enforcement of licensing (now registration) requirement by 
     persons injured by unlicensed (unregistered) transportation 
     or service.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                   household goods dispute settlement

     House bill
       Sec. 14708. Dispute settlement program for household goods 
     carriers. This section modifies the current arbitration 
     provisions by requiring all household goods carriers to offer 
     shippers the option of neutral arbitration as a means of 
     settling disputes over household goods transportation 
     involving individual householders. If a shipper requests 
     arbitration, and the dispute involves a claim for $1,000 or 
     less, it shall be binding on both parties. If the dispute 
     involves a claim for more than $1,000, the arbitration shall 
     be binding only if the carrier agrees to arbitration. The 
     arbitrator may determine which party shall pay the cost or 
     portion of the arbitration proceedings. Certain other 
     procedures and requirements are set forth in this section, as 
     well as Secretarial review within 36 months.
     Senate amendment
       Sec. 14708 (Dispute settlement program for household goods 
     carriers) modifies the existing arbitration provisions of 49 
     U.S.C. 11711, by requiring all household goods carriers to 
     offer shippers the option of neutral arbitration as a means 
     of settling disputes over household goods transportation.
     Conference substitute
       The Conference adopts the House provision with 
     modifications. Subsection (b)(5) is revised to provide that 
     no shipper may be charged more than half the cost of 
     instituting an arbitration proceeding. In addition, the 
     arbitrator may determine which party shall pay the cost or a 
     portion of the total costs of the arbitration proceeding. 
     This may include reimbursement of the shared costs initially 
     paid by the parties in order to secure the arbitrator. The 
     Secretary shall complete a review of the dispute settlement 
     program within 18 months.


                      tariff reconciliation rules

     House bill
       Sec. 14709. Tariff reconciliation rules for motor carriers 
     of property. This section preserves the right of the Panel to 
     authorize departures by mutual consent of the carrier and 
     shipper from the tariff rate for past shipments so as to 
     avoid or resolve under- or overcharge claims.
     Senate amendment
       The Senate amendment contains a nearly identical provision, 
     with one technical difference.
     Conference substitute
       The Conference adopts the House provision.

               Chapter 149--Civil and Criminal Penalties


                        general civil penalties

     House bill
       Sec. 14901. General civil penalties. This section retains 
     civil penalties for violating reporting and registration 
     requirements or household goods consumer-protection 
     requirements and updates some penalty amounts.
     Senate amendment
       Sec. 14901 (General civil penalties), imported from 
     existing 49 U.S.C. 11901, contains civil penalties for 
     violating reporting and registration requirements, household 
     goods consumer-protection requirements, and the prohibitions 
     against rate reduction to third parties.
     Conference substitute
       The Conference adopts the House provision, modified by the 
     addition of a new subsection (g) to allow water carriers to 
     engage in customary business entertainment practices and to 
     provide that such expenses are not to be included in 
     determining the carriers rate base under section 13702.


                      civil penalties for rebates

     House bill
       Sec. 14902. Civil penalty for accepting rebates from 
     carriers. This section retains civil penalties for accepting 
     rebates from a carrier and updates some penalty amounts.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                           tariff violations

     House bill
       Sec. 14903. Tariff violations. This section retains current 
     penalties for tariff violations and updates some penalty 
     amounts.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision, modified to establish 
     a civil penalty for a person that offers, grants, gives, 
     solicits, accepts, or receives transportation by a carrier 
     subject to chapter 135 at a rate different than the rate in 
     effect under section 13702. Section 14903(b) is also modified 
     to conform the criminal penalty to the requirements of 
     section 3571 of title 18, United States Code.
     
[[Page H15051]]



                       additional rate violations

     House bill
       Sec. 14904. Additional rate violations. This section 
     retains penalties for violations regarding rebates by agent 
     and undercharging and updates the penalty amounts.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


             penalties for loading and unloading violations

     House bill
       Sec. 14905. Penalties for violations of rules relating to 
     loading and unloading motor vehicles. This section retains 
     current specific civil and criminal penalties for violating 
     the lumping provisions of section 14103 and updates the 
     penalty amounts.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                         evasion of regulation

     House bill
       Sec. 14906. Evasion of regulation of motor carriers and 
     brokers. This section retains current penalties for evading 
     regulations under part B and updates the penalty amounts.
     Senate amendment
       The Senate amendment contains an identical provision.


                  record keeping, reporting violations

     House bill
       Sec. 14907. Record keeping and reporting violations. This 
     section retains current specific penalties for withholding or 
     falsifying records or reports that the Secretary or Panel 
     requires and updates the penalty amounts.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                          unlawful disclosure

     House bill
       Sec. 14908. Unlawful disclosure of information. This 
     section preserves current law prohibiting entities covered by 
     part B (or anyone receiving information from entities covered 
     by part B) from disclosing confidential shipper information 
     and updates the penalty amounts.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                       disobedience to subpoenas

     House bill
       Sec. 14909. Disobedience to subpoenas. This section 
     preserves current penalties for disobeying a subpoena issued 
     by the Secretary or the Panel under part B and updates the 
     penalty amounts.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                        general criminal penalty

     House bill
       Sec. 14910. General criminal penalty when specific penalty 
     not provided. This section preserves current general criminal 
     penalties when specific penalties are not provided for 
     violations under part B, including a condition of a 
     registration of a foreign motor carrier or foreign motor 
     private carrier under section 13902, and updates the penalty 
     amounts.
     Senate amendment
       Sec. 14910 (General criminal penalty when specific penalty 
     not provided), imported from existing 49 U.S.C. 11914, 
     contains general criminal penalties when specific penalties 
     are not provided for violations under Part B.
     Conference substitute
       The Conference adopts the House provision.


                       punishment of corporation

     House bill
       Sec. 14911. Punishment of corporation for violations 
     committed by certain individuals. This section preserves 
     current law which extends the penalties of this chapter to 
     corporate officials, agents, and successors in interest and 
     updates the penalty amounts.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                             weight-bumping

     House bill
       Sec. 14912. Weight-bumping in household goods 
     transportation. This section preserves the penalties for 
     weight-bumping and updates the penalty amounts.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.


                        conclusiveness of rates

     House bill
       Sec. 14913. Conclusiveness of rates in certain 
     prosecutions. This section preserves current law regarding 
     the conclusive proof of published or filed rates in certain 
     proceeding and updates the penalty amounts.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference substitute
       The Conference adopts the provision.

     SEC. 104. MISCELLANEOUS MOTOR CARRIER PROVISIONS.

     House bill
       Sec. 104. Miscellaneous Motor Carrier Provisions. This 
     section makes several amendments to other motor carrier 
     provisions concerning the authority of a motor carrier to 
     obtain insurance from more than one source, minimum financial 
     responsibility requirements with respect to certain mass 
     transportation service in rural areas near state borders, the 
     definition of commercial motor vehicle relating to taxicabs 
     and smaller passenger vehicles, and the continued enforcement 
     of ICC self-insurance rules by the Secretary, and it requires 
     the Secretary to issue a regulation amending the definition 
     of automobile transporters under part 658 of title 23, Code 
     of Federal Regulations, concerning race car transporters or 
     specialty trailers designed for the racing industry.
     Senate amendment
       Section 451 amends 49 U.S.C. 31102(b)(1) to provide that 
     States receiving Federal grants under the Commercial Motor 
     Vehicle Safety program cooperate in the enforcement of the 
     registration and insurance requirements of 49 U.S.C. 31140 
     and 31146.
       Section 452 (Amendment of Section 31138), amends 49 U.S.C. 
     31138 to incorporate the existing ICC practice of allowing 
     carriers to use multiple sources for satisfying the required 
     level of insurance coverage (identical to House provision), 
     and, in 452(b), to exclude from the Federal minimum insurance 
     requirements certain subsidized mass transportation services, 
     including specialized transportation for the elderly and 
     disabled, in rural and urbanized areas.
       Section 452 (Safety Fitness of Owners and Operators), 
     amends 49 U.S.C. 31144 for conforming changes.
       Section 453 (Self-Insurance Rules), directs the Secretary 
     to continue the existing ICC practice of allowing carriers to 
     meet the insurance requirements through self-insurance where 
     appropriate (identical to House provision).
       Section 217 (Transport vehicles for off-road, competition 
     vehicles), amends section 31111(b)(1) of title 49 to provide 
     that a State may not impose a limitation of less than 46 feet 
     from the kingpin to the center of the rear axle on trailers 
     used exclusively or primarily in connection with motor sports 
     competition events.
     Conference substitute
       The Conference adopts the Senate language in Section 451 
     regarding the Commercial Motor Vehicle Safety program, 
     Section 452 regarding safety fitness of owners, and the 
     identical provisions regarding multiple sources for 
     satisfying insurance coverage and self-insurance rules. The 
     Conference adopts the House provision in section 104(d) 
     regarding the definition of commercial motor vehicle. The new 
     definition includes those vehicles that transport passengers 
     for compensation, except for vehicles that have a capacity to 
     transport 6 or fewer passengers and provide taxicab services 
     not on a regular route, and includes those vehicles that are 
     designed or used to transport more than 15 passengers and are 
     not used to transport passengers for compensation. By 
     changing this definition, the Conference does not intend for 
     the Department of Transportation to amend the regulations 
     which require States to maintain motor carrier safety 
     regulations for intrastate transportation within a zone of 
     tolerance of Federal regulations to require States to 
     regulate passenger vehicles less than 15 passengers in 
     intrastate transportation to comply with the MCSAP program. 
     The conference intends that the States not be required to 
     regulate any additional passenger vehicles as a result of 
     this change.
       The Conference adopts the Senate provisions in section 
     452(b) regarding insurance levels for certain transit 
     providers and the Senate provision in section 217 regarding 
     transport vehicles for off-road, competition vehicles.

     SEC. 105. CREDITABILITY OF ANNUAL LEAVE.

     House bill
       Sec. 105. Creditability of Annual Leave for Purposes of 
     Meeting Minimum Eligibility Requirements for an Immediate 
     Annuity. This section provides that an ICC employee who is 
     separated from the government with the abolishment of the ICC 
     may be given credit, for purposes of determining eligibility 
     for and computing the amount of any annuity under subchapter 
     III of chapter 83 or chapter 84 of title 5, U.S. Code, for 
     accrued annual leave credited to such employee at the time of 
     separation.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision.
       
[[Page H15052]]


     SEC. 106. PIPELINE CARRIERS.

     House bill
       The House bill contains no comparable provisions.
     Senate amendment
       The Senate amendment retains current law regarding the 
     regulation of pipelines.
     Conference substitute
       The Conference adopts the Senate provision with 
     modifications to streamline pipeline regulation. The 
     Conference is committed to the elimination of unnecessary 
     regulation but does not wish to interfere with regulation 
     that is based on sound principles and aids in regulatory 
     aims, e.g., consumer protection. The Conference amendment 
     also requires the General Accounting Office (GAO) to report 
     within three years on the impact of regulations on the 
     competitiveness of the pipeline industry. The GAO report 
     should include recommendations on whether to continue, revise 
     or sunset pipeline regulations. The Conference is 
     particularly concerned about the impact of regulations on the 
     transportation of anhydrous ammonia, which is a primary 
     component of nitrogen fertilizers. Therefore, the Conference 
     expects the GAO to consult with the U.S. Department of 
     Agriculture, shippers, consumers, farmers and ranchers, and 
     other interested parties. The report is due within three 
     years after the enactment date.

                 Title II--Surface Transportation Board

       Section 201 of the bill creates a new chapter 7 of Subtitle 
     I of Title 49, specifying the organization and 
     responsibilities of the Surface Transportation Board. The 
     individual provisions of this new Chapter 7 are discussed 
     below.

                      Subchapter I--Establishment

     SEC. 701. ESTABLISHMENT OF THE BOARD.

     House bill
       Section 701 delineates the organizational powers of the 
     Transportation Adjudication Panel, including legal 
     representation and budget matters.
     Senate amendment
       Section 201 amends 49 U.S.C. 10301 to establish the 
     Intermodal Surface Transportation Board. The Board is placed 
     within the Department of Transportation for administrative 
     support.
       The Board will start out as a 3-member body, but will 
     increase to a 5-member body in 1997, when it inherits the 
     remaining FMC functions. The Board will be bipartisan, with 
     members appointed by the President, confirmed by the Senate, 
     and removable by the President only for neglect of duty or 
     malfeasance in office. At least 2 members are required to 
     have a background in rail or motor transportation, 
     transportation regulation, or agriculture. At least 1 member 
     is required to have private-sector professional or business 
     experience. Starting in 1997, at least 2 members are required 
     to have professional standing and demonstrated knowledge in 
     the fields of maritime transportation or its regulation. 
     Board members could not have an interest in, or official 
     relation with, any carrier, and could not engage in any 
     outside business.
       Seats on the Board are for 5-year fixed terms. A member is 
     not allowed to serve more than two terms, nor remain in 
     office for more than one year after the term expires. Board 
     seats will initially be filled by the current sitting ICC 
     Commissioners. On January 1, 1997, the 2 new seats will be 
     filled by 2 sitting FMC Commissioners of different political 
     parties, in order of the length of term remaining.
       The President could appoint one of the Board members as the 
     Chairman, with the administrative and supervisory powers for 
     managing the Board. Significantly, the Board retains the 
     ICC's longstanding independent litigating authority and the 
     Board could submit appropriations requests to Congress 
     independently.
     Conference substitute
       The Conference adopts a compromise provision. A three-
     member Surface Transportation Board is established within the 
     Department of Transportation. The President will appoint a 
     Chairman of the Board. Section 701 includes the 
     qualifications of Board members and the appointment process 
     for new Board members, as well as the powers of the Chairman. 
     The FMC is not included.

     SEC. 702. FUNCTIONS.

     House bill
       Section 702 specifies that, except as provided elsewhere in 
     this Act, all functions of the former Interstate Commerce 
     Commission are assumed as of the date of enactment.
     Senate amendment
       Section 201 allows the Board to perform all the functions 
     of the ICC, except those repealed or transferred to the 
     Secretary by this Act, and to perform the transferred 
     functions of the FMC as of January 1, 1997.
     Conference substitute
       The Conference adopts the House language with 
     modifications. The FMC is not included.

     SEC. 703. ADMINISTRATIVE PROVISIONS.

     House bill
       Section 703 outlines the administrative status of the new 
     Transportation Adjudication Panel within the Department of 
     Transportation. In general, the Panel will be decisionally 
     independent from the Department and will be authorized to 
     represent itself in legal matters and budget requests.
     Senate amendment
       Section 201 would make the Board an independent agency, 
     free from supervision or direction by DOT. The open meeting 
     requirements of the Sunshine Act would apply to the Board. 
     The Board would be authorized to appear in its own right, and 
     be represented by its own attorneys and any civil suits 
     related to a function vested in the Board. It would regulate 
     the admission of individuals to practice before it. Its 
     budget request would be sent to Congress, and the Board could 
     communicate with Congress and make legislative requests 
     without interference.
     Conference substitute
       The Conference adopts a compromise provision as section 703 
     which includes the basic elements of the House and Senate 
     provisions.

     SEC. 704. ANNUAL REPORT.

     House bill
       Section 704 requires an annual report by the Transportation 
     Adjudication Panel to Congress.
     Senate amendment
       Section 201 requires the Board to submit an annual report 
     to Congress on the Board's activities.
     Conference substitute
       The Conference adopts a compromise provision, which 
     includes the basic elements of the House and Senate 
     provisions.

     SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

     House bill
       Section 705 places the Transportation Adjudication Panel on 
     a limited, cyclical reauthorization basis. This will ensure 
     regular Congressional oversight and evaluation of the 
     functioning of the TAP. (The ICC had a permanent 
     authorization.) The bill provides for a 3-year authorization 
     as follows:

                        [In millions of dollars]

Fiscal year:                                                  \1\ 8.421
  1997.............................................................12.0
  1998.............................................................12.0

\1\ This equals the FY 1996 DOT appropriations for transferred ICC 
functions. Funds for the first quarter of FY 1996 were separately 
appropriated for the ICC, which will terminate on December 31, 1995.
     Senate amendment
       Section 601 authorizes equivalent funding for (1) the 
     closedown of the ICC and severance costs for its personnel, 
     (2) the Board for fiscal year 1996, and (3) the Board for 
     fiscal year 1997 and 1998 for the functions transferred from 
     the ICC.
     Conference substitute
       The Conference combines the House and Senate language with 
     modifications. The Conference intends that the funds 
     authorized are to fund the Board. The Conference intends that 
     60 persons should be transferred from the ICC to DOT to carry 
     out the motor carrier functions assigned to the Secretary. 
     The Conference intends that these positions are to be funded 
     through user fees collected by the Secretary from 
     registrations (including the collection of fees for 
     registering as both common and contract carriers), insurance 
     filings and tariff filings, among other fees.

     SEC. 706. REPORTING OFFICIAL ACTION.

     House bill
       Section 706 retains existing procedures for making a record 
     of official actions by the agency. It replaces former section 
     10310.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the House provision with 
     modifications.

                     Subchapter II--Administrative

     SEC. 721. POWERS.

     House bill
       Section 721 enumerates the general administrative powers of 
     the Panel.
     Senate amendment
       Section 211 (Powers) would amend 49 U.S.C. 10321, 
     enumerating the ICC's powers, in order to apply to the Board, 
     to condense the language, and to remove references to 
     entities and matters not related under Part A.
     Conference substitute
       The Conference adopts a compromise provision, which 
     includes the basic elements of the House and Senate 
     provisions.

     SEC. 722. BOARD ACTION.

     House bill
       Section 722 specifies rules of finality regarding agency 
     decisions, including the agency's power to reopen or 
     reconsider completed proceedings or decisions, as well as the 
     standards for finality of an agency decision for subsequent 
     judicial review. The section replaces former section 10324.
     Senate amendment
       The Senate amendment contains comparable provisions.
     Conference substitute
       The Conference adopts the House language with 
     modifications.

     SEC. 723. SERVICE OF NOTICE IN BOARD PROCEEDINGS.

     House bill
       Section 723 specifies the means of giving legal notice in 
     agency proceedings.
     Senate amendment
       Section 213 (Service of Notice in Commission Proceedings) 
     amends 49 U.S.C. 10329, governing service of notice in ICC 
     proceedings, to apply to the Board, to remove provisions 
     regarding entities not regulated under Part A, and to make 
     other conforming changes.
     
[[Page H15053]]

     Conference substitute
       The Conference adopts a compromise provision, which 
     includes the basic elements of the House and Senate 
     provisions.

     SEC. 724. SERVICE OF PROCESS IN COURT PROCEEDINGS.

     House bill
       Section 724 enumerates the proper means of serving process 
     in court proceedings governing by the agency's statute.
     Senate amendment
       Section 214 (Service of Process in Court Proceedings) 
     amends 49 U.S.C. 10330, governing service of process on 
     regulated carriers in court proceedings, to apply to the 
     Board, to remove provisions regarding entities not regulated 
     under Part A, and to make other conforming changes.
     Conference substitute
       The Conference adopts the House language with 
     modifications.

     SEC. 725. ADMINISTRATIVE SUPPORT.

     House bill
       Section 725 requires the Secretary of Transportation to 
     provide all administrative support for the Transportation 
     Adjudication Panel. The Committee intends to minimize the 
     cost of retained regulation by eliminating the separate and 
     duplicative general administrative functions formerly 
     performed by the ICC. Instead, although the Panel will be 
     decisionally independent from the Secretary of Transportation 
     and his subordinates, the Panel's general administrative 
     functions (e.g., personnel and payroll records and 
     processing, equal employment opportunity matters, the 
     administration of the Freedom of Information Act) can be 
     readily performed by the Department without the need for a 
     separate bureaucracy unique to the Panel.
     Senate amendment
       Section 202 directs the Secretary to provide administrative 
     support to the Board. While the Board is authorized to 
     receive a separate appropriation and the Board's Chairman has 
     discretion as to how those resources are allocated, the 
     Committee intends that the goal of minimizing administrative 
     bureaucracy should be advanced. For example, once established 
     within DOT, the Board should not be required to maintain 
     separate payroll, facilities and supplies, or equal 
     employment opportunity offices. The Committee expects the 
     administrative functions assumed by the Secretary to be 
     covered by DOT's current funding authorization.
     Conference substitute
       The Conference adopts the Senate provision, which is 
     substantively equivalent to the House provision. The 
     Conference expects DOT to fund administrative functions 
     performed by the Secretary from its own authorizations.

     SEC. 726. RAILROAD-SHIPPER TRANSPORTATION ADVISORY COUNCIL.

     House bill
       No comparable provision.
     Senate amendment
       Section 378 establishes a Rail-Shipper Transportation 
     Advisory Council, in 49 U.S.C. 10391, to advise the 
     government on significant rail transportation policy issues 
     of concern to small shippers and small railroads, including 
     car supply, rates, competition, trackage rights, and 
     effective procedures for addressing legitimate shipper and 
     other claims. The Council would be directed to prevent or 
     address obstacles to effective and efficient transportation 
     through private-sector mechanisms, where possible, and, where 
     unsuccessful, to suggest appropriate regulatory or 
     legislative relief.
       The Council would be composed of 15 members outside of the 
     Federal government, to be appointed by the Board's Chairman 
     within 60 days. The 9 voting members would include at least 4 
     representatives of small shippers and at least 4 
     representatives of small (Class II or III) railroads. The 6 
     nonvoting members would include 3 from Class I railroads and 
     3 from large shipper organizations. In addition, the 
     Secretary and the Board members would serve as ex officio 
     members. The Council would meet at least-annually and would 
     be required to prepare an annual report of its activities.
     Conference substitute
       The Conference adopts the Senate provision with technical 
     modifications.

     SEC. 726. DEFINITIONS.

     House bill
       Section 726 provides that terms used in the chapter 
     describing the Panel and its operations have the same meaning 
     as defined elsewhere in subtitle IV.
     Senate amendment
       No comparable provision.
     Conference substitute
       The Conference adopts the House provision with 
     modifications.

     SEC. 202. REORGANIZATION.

     House bill
       Section 202 provides that the Panel retains the legal 
     powers and organizational prerogatives of the ICC to the 
     extent not altered by amendments made elsewhere in the bill.
     Senate amendment
       Section 203 (Reorganization) authorizes the Board's 
     Chairman to change the organizational structure of the Board 
     from that of the ICC or the FMC.
     Conference substitute
       The Conference adopts the House language with 
     modifications.

     SEC. 203. TRANSFER OF ASSETS AND PERSONNEL.

     House bill
       Section 203 provides that, unless specified elsewhere, the 
     Panel shall assume control of all assets, personnel, and 
     funds of the former Interstate Commerce Commission.
     Senate amendment
       Section 104 transfers ICC personnel and property to the 
     Board or Secretary, as applicable, and unexpended ICC funds 
     to the Board. The Committee intends that the functions are 
     assumed in accordance with Congressional intent.
     Conference substitute
       The Conference adopts a compromise provision, which 
     includes the basic elements described in the House and Senate 
     provisions. The Conference intends that the Board should 
     receive all library assets that are of continuing usefulness, 
     and make suitable arrangements for materials of historical 
     interest to be placed in the custody of an institution or 
     institutions where the materials would be available for use 
     by the public.

     SEC. 204. SAVINGS PROVISION.

     House bill
       1. Legal documents
       Subsection (a) is intended to ensure that existing orders 
     and regulations issued by the ICC remain in force unless 
     superseded by administrative action or operation of law.
       2. Proceedings
       Subsection (b) provides that the Transportation 
     Adjudication Panel shall assume responsibility for all 
     pending ICC proceedings, except for matters with respect to 
     which the applicable statute is repealed by the bill. Pending 
     cases transferred under this section are to be decided under 
     the statute prior to the enactment of this bill.
       3. Suits
       Subsection (c) specifies that enactment of the bill does 
     not affect court proceedings begun before the date of 
     enactment, which are to be concluded under the applicable 
     prior law. However, if a court remands a matter to the 
     Transportation Adjudication Panel as the successor of the 
     ICC, any further administrative proceedings shall be 
     conducted under the law as amended by the bill.
       4. Exercise of authorities
       Subsection (d) clarifies that all legal authorities and 
     functions of the ICC, other than those repealed or amended 
     elsewhere, are to be assumed by the Transportation 
     Adjudication Panel.
     Senate amendment
       Section 102(a) would preserve all orders determinations, 
     rules, regulations, licenses, and privileges currently in 
     effect until changed by the Board or the Secretary, within 
     their respective jurisdictions. Subsection (b) would preserve 
     proceedings, pending before the ICC, insofar as they relate 
     to functions that are retained, and would provide for their 
     transfer to the Board or the Secretary. Subsection (c) would 
     preserve pending suits and subsection (d) would preserve 
     actions by or against the ICC or its officials. Subsection 
     (e) would substitute the Board or the Secretary, as 
     applicable, for the ICC in suits involving a transferred 
     function.
     Conference substitute
       The Conference adopts a compromise provision, which 
     includes the basic elements described in the House and Senate 
     provisions.

     SEC. 205. REFERENCES.

     House bill
       This provision specifies that all former statutory 
     references to the Interstate Commerce Commission in other 
     Federal laws or documents are deemed to refer to the Panel.
     Senate amendment
       Section 103 would treat references to the ICC in other 
     Federal laws as references to the Board or Secretary, as 
     applicable, and would treat references to the ICC as a 
     government agency as references to the Board.
     Conference substitute
       The Conference adopts a compromise provision, which 
     includes the basic elements described in the House and Senate 
     provisions.

                    Title III--Conforming Amendments

       Title III makes numerous conforming amendments to 
     provisions of the United States Code containing references to 
     the Interstate Commerce Commission.

                   Title IV--Miscellaneous Provisions

     SEC. 401. COMMERCIAL SPACE LAUNCHES.

     House bill
       This House bill contains no comparable provision.
     Senate amendment
       Sec. 527 (Certain Commercial Space Launch Activities) 
     provides that the licensing of a launch vehicle or launch 
     site operator under chapter 701 of title 49 shall not be 
     considered a major Federal action for purposes of section 
     102(C) of the National Environmental Policy Act of 1969 if 
     the Department of the Army has issued a permit and if the 
     Corps of Engineers determines the activity has no significant 
     impact.
     Conference substitute
       The Conference adopts the Senate provision in section 401 
     of the conference report.

     SEC. 402. DESTRUCTION OF MOTOR VEHICLES, TRAINS.

     House bill
       This House bill contains no comparable provision. 
       
[[Page H15054]]

     Senate amendment
       Sec. 218 (Destruction of Motor Vehicles or Motor Vehicle 
     Facilities; Wrecking Trains) amends section 33 of title 18 to 
     provide that persons convicted of committing crimes involving 
     a motor vehicle or a train carrying high-level radioactive 
     waste or spent nuclear fuel shall be imprisoned for not less 
     than 30 years.
     Conference substitute
       The Conference adopts the Senate provision in section 402 
     of the conference report.

     SEC. 403. GRADE CROSSING VIOLATIONS.

     House bill
       This House bill contains no comparable provision.
     Senate amendment
       Sec. 529 (Violation of Grade-Crossing Laws and Regulations) 
     directs the Secretary to issue regulations establishing 
     sanctions and fines for operators of commercial motor 
     vehicles who violate railroad-highway crossing laws and 
     regulations. The penalty for a single grade cross violation 
     is not less than a 60-day disqualification of the driver's 
     commercial driver's license. An employer that knowingly 
     allows, authorizes or requires an employee to violate grade 
     crossing laws shall be fined not more than $10,000.
     Conference substitute
       The Conference adopts the Senate provision in section 403 
     of the conference report.

     SEC. 404. MISCELLANEOUS TITLE 23 AMENDMENT.

     House bill
       This House bill contains no provision.
     Senate amendment
       The Senate amendment contains no provision.
     Conference substitute
       The Conference adopts a provision in section 404 of the 
     conference report to provide that if a certain segment of 
     U.S. Route 220 between Bedford and Bald Eagle, Pennsylvania, 
     is designated as part of the Interstate System, the various 
     weight limitations in section 127 of title 23 shall not apply 
     with respect to currently operating vehicles.

     SEC. 405. TECHNICAL AMENDMENTS.

     House bill
       The House bill contains no provision.
     Senate amendment
       The Senate amendment contains no provision.
     Conference substitute
       The Conference adopts a provision in section 405 of the 
     conference report to provide for a series of technical 
     changes to the National Highway System Designation Act of 
     1995 (Public Law 104-59).

     SEC. 406. FIBER DRUM PACKAGING.

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Sec. 525 (Fiber Drum Packaging) directs the Secretary to 
     issue a rule within 60 days authorizing the continued use of 
     fiber drums with removable heads for the transportation of 
     liquid hazardous materials if the transportation is in 
     compliance with regulations in place before October 1, 1991, 
     will not be used for the transportation of materials that are 
     poisonous by inhalation, and are used in domestic 
     transportation only. Section 122 of the Hazardous Materials 
     Transportation Authorization Act of 1994 is repealed.
     Conference substitute
       The Conference adopts a modification to the Senate 
     provision in section 406 of the conference report. Section 
     406 directs the Secretary to issue a final rule within 60 
     days authorizing the continued use of fiber drum packaging 
     with removable heads for the transportation of liquid 
     hazardous materials with respect to those liquid materials 
     transported by such drums pursuant to regulations in effect 
     on September 30, 1991, if the packaging is in compliance with 
     regulations in effect on September 30, 1991, and the 
     packaging will not be used for the transportation of 
     hazardous materials that include materials which are 
     poisonous by inhalation or materials in Packaging Groups I 
     and II. This regulation will expire on September 30, 1997, or 
     the date upon which funds are authorized to carry out Chapter 
     51 of Title 49 U.S.C. for any fiscal year beginning after 
     September 30, 1997.
       Section 406 also directs DOT to contract with the National 
     Academy of Sciences within 90 days after enactment to conduct 
     a study to determine whether the requirements relating to 
     safe transportation of hazardous materials for fiber drum 
     packaging with a removable head can be met with standards 
     other than performance-oriented packaging standards adopted 
     under docket HM-181 and whether a packaging standard for such 
     drums other than the standards adopted under HM-181 will 
     provide an equal or greater level of safety for 
     transportation of liquid hazardous materials than would be 
     provided if HM-181 were in effect.
       In determining whether there are standards that will 
     provide an equal or greater level of safety for the transport 
     of liquid hazardous materials than would be provided if HM-
     181 packaging standards were in effect, the study shall rely, 
     in part, upon the Department of Transportation's Hazardous 
     Materials Incident Reporting System pertaining to open-head 
     fiber drums used for liquids and the fiber drum industry's 
     shipping safety record for such drums from January 1, 1974, 
     until the date the National Academy of Science's study 
     begins.
       The Conferees expect that the Department of Transportation 
     will expend approximately $200,000 for this study. The study 
     shall be completed before March 1, 1997.
       By September 30, 1997, the Secretary is directed to issue 
     final regulations to determine which standards should apply 
     to fiber drum packaging with a removable head for 
     transportation of liquid hazardous materials after September 
     30, 1997. In issuing the regulations, the Secretary shall 
     give full and substantial consideration to the results of the 
     study.

     SEC. 407. STUDY OF NONCONTIGUOUS DOMESTIC TRADE.

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       The Senate amendment contains no comparable provision.
     Conference substitute
       The Conference adopts a provision in section 407 of the 
     conference report to require the Secretary of Transportation 
     to conduct a study of the competitiveness of the 
     noncontiguous domestic trades and to submit the report to 
     Congress within 6 months after the date of enactment of this 
     Act.

     SEC. 408. RULEMAKING.

     House bill
       The House bill contains no comparable provision.
     Senate amendment
       Sec. 216 (Federal Highway Administration Rulemaking) 
     directs the Federal Highway Administration to issue by not 
     later than March 1, 1996, an advance notice of proposed 
     rulemaking dealing with a variety of fatigue-related issues. 
     The Administration shall issue a notice of proposed 
     rulemaking relating to such issues within one year after the 
     advance notice and issue a final rule 2 years later.
     Conference substitute
       The Conference adopts the Senate provision in section 408 
     of the conference report.

                               DISPOSITION OF INTERSTATE COMMERCE ACT PROVISIONS WITHIN TITLE 49 OF THE UNITED STATES CODE                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
          Prior section                     Part A (Rail)                Part B (Motor, Water)              Part C (Pipeline)               Subject     
--------------------------------------------------------------------------------------------------------------------------------------------------------
10101...........................  ................................  13101..........................  15101..........................  National Transp.  
                                                                                                                                       Policy.          
0101a...........................  101101..........................  ...............................  ...............................  Rail Transp.      
                                                                                                                                       Policy.          
10102...........................  10102...........................  13102..........................  15102..........................  Definitions.      
10103...........................  10501(b)........................  13103..........................  15103..........................  Remedies.         
10301...........................  701.............................  701............................  701............................  Organization.--Gen
                                                                                                                                       eral.            
New.............................  702.............................  702............................  702............................  Transfer of       
                                                                                                                                       functions.       
New.............................  703.............................  703............................  703............................  Independence of   
                                                                                                                                       Board.           
10302...........................  ................................  ...............................  ...............................  Org.--Divisions.  
10303...........................  ................................  ...............................  ...............................  Org.--Secretary.  
10304...........................  ................................  ...............................  ...............................  Org.--Employee    
                                                                                                                                       Boards           
10305...........................  ................................  ...............................  ...............................  Org.--Delegation  
                                                                                                                                       of Auth'y.       
10306...........................  ................................  ...............................  ...............................  Org.--Conduct of  
                                                                                                                                       Proceedings.     
10307...........................  ................................  ...............................  ...............................  Org.--Office and  
                                                                                                                                       sessions.        
10308...........................  703(e)..........................  703(e).........................  703(e).........................  Org.--Admission to
                                                                                                                                       Practice.        
10309...........................  ................................  ...............................  ...............................  Org.--Cong. Access
                                                                                                                                       to records.      
10310...........................  706.............................  706(a).........................  706(a).........................  Org.--Reporting   
                                                                                                                                       official action. 
10311...........................  704.............................  704............................  704............................  Org.--Annual      
                                                                                                                                       Report.          
New.............................  705.............................  705............................  705............................  3-yr.             
                                                                                                                                       Authorization of 
                                                                                                                                       appropriations.  
10321...........................  721.............................  13301..........................  721............................  Powers.           
10322...........................  ................................  ...............................  ...............................  Nonrail           
                                                                                                                                       procedures.      
10323...........................  ................................  ...............................  ...............................  [previously       
                                                                                                                                       repealed]        
10324...........................  722(a)-(b)......................  722(a)-(b).....................  722(a)-(b).....................  Agency action.    
10325...........................  ................................  ...............................  ...............................  [previously       
                                                                                                                                       repealed]        
10326...........................  ................................  ...............................  ...............................  Limitations in    
                                                                                                                                       Rail Rulemakings.
10327...........................  722(c)-(d)......................  722(c)-(d).....................  722(c)-(d).....................  Rail Procedures.  
10328...........................  ................................  13302..........................  ...............................  Intervention.     
10329...........................  723.............................  13303..........................  723............................  Service of notice.
10330...........................  724.............................  13304..........................  724............................  Service of        
                                                                                                                                       process.         
10341-10344.....................  ................................  ...............................  ...............................  Joint Boards.     

[[Page H15055]]
                                                                                                                                                        
10361-10364.....................  ................................  ...............................  ...............................  Rail Services     
                                                                                                                                       Planning Office. 
10381-10388.....................  ................................  ...............................  ...............................  Rail Public       
                                                                                                                                       Counsel.         
New.............................  725.............................  725............................  725............................  Admin. support for
                                                                                                                                       Board.           
New.............................  726.............................  726............................  726............................  Definitions same  
                                                                                                                                       as subtitle IV.  
10501...........................  10501(a), (b)...................  ...............................  15301..........................  Rail/Pipeline     
                                                                                                                                       General          
                                                                                                                                       Jurisdiction.    
10502...........................  ................................  ...............................  ...............................  Express Carrier   
                                                                                                                                       Transportation.  
10503...........................  10703...........................  ...............................  ...............................  Rail-Water        
                                                                                                                                       Connections.     
10504...........................  10501(c)........................  ...............................  ...............................  Exempt rail mass  
                                                                                                                                       transp.          
10505...........................  10502...........................  13541..........................  15302..........................  Exemption Auth'y. 
10521...........................  ................................  13501..........................  ...............................  Motor General     
                                                                                                                                       Jurisdiction.    
10522...........................  ................................  13502..........................  ...............................  Exempt Transp.--  
                                                                                                                                       Alaska.          
10523...........................  ................................  13503..........................  ...............................  Exempt Terminal   
                                                                                                                                       Areas transp.    
10524...........................  ................................  13505..........................  ...............................  Transp. Furthering
                                                                                                                                       Primary Business.
10525...........................  ................................  13504..........................  ...............................  Transp. Entirely  
                                                                                                                                       in 1 State.      
10526...........................  ................................  13506..........................  ...............................  Misc. Motor       
                                                                                                                                       Exemptions.      
10527...........................  ................................  ...............................  ...............................  Written contracts 
                                                                                                                                       for certain      
                                                                                                                                       exempt           
                                                                                                                                       agricultural     
                                                                                                                                       movements.       
10528...........................  ................................  13507..........................  ...............................  Mixed regulated & 
                                                                                                                                       unregulated.     
10529...........................  ................................  13508..........................  ...............................  Cooperative       
                                                                                                                                       Ass'ns.          
10530...........................  ................................  13902(c).......................  ...............................  Foreign Carrier   
                                                                                                                                       registrations.   
10531...........................  ................................  ...............................  ...............................  Mass Transp.      
                                                                                                                                       Exemption.       
10541...........................  ................................  13521..........................  ...............................  Water General     
                                                                                                                                       Jurisdiction.    
10542...........................  ................................  ...............................  ...............................  Water--Exempt bulk
                                                                                                                                       transp.          
10543...........................  ................................  ...............................  ...............................  Water--Exempt     
                                                                                                                                       incidental       
                                                                                                                                       transp.          
10544...........................  ................................  ...............................  ...............................  Water--Misc.      
                                                                                                                                       Exemptions.      
10561...........................  ................................  13531..........................  ...............................  Frt. Forwarder--  
                                                                                                                                       General Jurisd'n.
10701...........................  10701(a), (b)...................  13701(a).......................  15501..........................  Rate Reas. Reqts. 
10701(f)........................  ................................  13709..........................  ...............................  Undercharge       
                                                                                                                                       settlements.     
10701a..........................  10701(c), (d)...................  ...............................  ...............................  Rail Rate Reas.   
                                                                                                                                       Reqts.           
10702...........................  10702...........................  ...............................  15502..........................  Carrier Auth'y to 
                                                                                                                                       set rates.       
10703...........................  10703...........................  13705..........................  ...............................  Carrier Auth'y for
                                                                                                                                       Through Routes.  
10704...........................  10704...........................  13701(b).......................  15503..........................  ICC Auth'y to     
                                                                                                                                       prescribe rates. 
10705...........................  10705...........................  13701(b).......................  ...............................  ICC Auth'y to set 
                                                                                                                                       through routes.  
10705a..........................  ................................  ...............................  ...............................  Joint rate        
                                                                                                                                       surcharges.      
10706...........................  10706...........................  13703..........................  ...............................  Collective        
                                                                                                                                       activities &     
                                                                                                                                       antitrust        
                                                                                                                                       exemption.       
10707...........................  ................................  ...............................  ...............................  Suspension of new 
                                                                                                                                       rail rates.      
10707a..........................  ................................  ...............................  ...............................  Zone of rate      
                                                                                                                                       flexibility.     
10707a(a)(2)(B).................  10708...........................  -----..........................  -----..........................  Rail cost         
                                                                                                                                       adjustment       
                                                                                                                                       factor.          
10708...........................  -----...........................  -----..........................  -----..........................  Suspension of new 
                                                                                                                                       nonrail rates.   
10709...........................  10707...........................  -----..........................  -----..........................  Market Dominance. 
10710...........................  -----...........................  -----..........................  -----..........................  Discrim. against  
                                                                                                                                       recyclables.     
10711...........................  -----...........................  -----..........................  -----..........................  Effect of certain 
                                                                                                                                       sections.        
10712...........................  -----...........................  -----..........................  -----..........................  Inflation-based   
                                                                                                                                       increases.       
10713...........................  10709...........................  -----..........................  -----..........................  Contract transp.  
10721...........................  10721...........................  13712..........................  15504..........................  Govt. Transp.     
10722...........................  -----...........................  -----..........................  -----..........................  Special passenger 
                                                                                                                                       rates.           
10723...........................  -----...........................  -----..........................  -----..........................  Charitable.       
10724...........................  -----...........................  -----..........................  -----..........................  Emergency rates.  
10725...........................  -----...........................  -----..........................  -----..........................  Special frt.      
                                                                                                                                       forwarder rates. 
10726...........................  -----...........................  -----..........................  -----..........................  Long- and short-  
                                                                                                                                       haul rates.      
                                                                                                                                       transp.          
10727...........................  -----...........................  -----..........................  -----..........................  [previously       
                                                                                                                                       repealed].       
10728...........................  -----...........................  -----..........................  -----..........................  Separate rates for
                                                                                                                                       distinct         
                                                                                                                                       services.        
10729...........................  -----...........................  -----..........................  -----..........................  [previously       
                                                                                                                                       repealed].       
10730...........................  11706(c)(3).....................  -----..........................  -----..........................  Released rates.   
10731...........................  -----...........................  -----..........................  -----..........................  Recyclables rates.
10732...........................  -----...........................  13713..........................  -----..........................  Food and grocery  
                                                                                                                                       transp.          
10733...........................  -----...........................  -----..........................  -----..........................  Recyclable rates. 
10734...........................  10722...........................  -----..........................  -----..........................  Car utilization.  
10735...........................  -----...........................  13704..........................  -----..........................  HHG--binding      
                                                                                                                                       estimates.       
10741...........................  10741...........................  -----..........................  15505..........................  Anti-             
                                                                                                                                       discrimination.  
10742...........................  10742...........................  ...............................  15506..........................  Facilities for    
                                                                                                                                       interchange.     
10743...........................  ................................  13707..........................  ...............................  Payment of rates. 
10744...........................  10743...........................  13706..........................  ...............................  Liability for     
                                                                                                                                       payment of rates.
10745...........................  10744...........................  ...............................  ...............................  Continuous        
                                                                                                                                       carriage of      
                                                                                                                                       freight.         
10746...........................  ................................  ...............................  ...............................  Commodities       
                                                                                                                                       clause.          
10747...........................  10745...........................  ...............................  ...............................  Facilities        
                                                                                                                                       provided by      
                                                                                                                                       shipper.         
10748...........................  ................................  ...............................  ...............................  Transp. of        
                                                                                                                                       livestock.       
10749...........................  ................................  ...............................  ...............................  HHG frt.          
                                                                                                                                       forwarders--exch.
                                                                                                                                       of services.     
10750...........................  10746...........................  ...............................  ...............................  Demurrage.        
10751...........................  ................................  ...............................  ...............................  Business          
                                                                                                                                       entertainment    
                                                                                                                                       expenses.        
10761...........................  ................................  13702(a).......................  ...............................  Tariff required.  
10762...........................  ................................  13702 (b)-(d)..................  ...............................  Tariff            
                                                                                                                                       requirements.    
10762(a) (3)-(5)................  ................................  13710 (a)......................  ...............................  Undercharge       
                                                                                                                                       applicability.   
10763...........................  10747...........................  ...............................  ...............................  Shipper routing.  
10764...........................  ................................  ...............................  ...............................  Arrangements      
                                                                                                                                       between carriers.
10765...........................  ................................  ...............................  ...............................  Water arrangements
                                                                                                                                       with other       
                                                                                                                                       carriers.        
10766...........................  ................................  ...............................  ...............................  Frt. Forwarder    
                                                                                                                                       traffic          
                                                                                                                                       agreements.      
10767...........................  ................................  13708..........................  ...............................  Billing and       
                                                                                                                                       collecting       
                                                                                                                                       practices.       
10781-10786.....................  ................................  ...............................  ...............................  Rail property     
                                                                                                                                       valuation.       
New.............................  ................................  13711..........................  ...............................  Undercharge--Unrea
                                                                                                                                       s. practice from 
                                                                                                                                       NRA (now a stat. 
                                                                                                                                       note to 10701).  
10901...........................  10901, 10902....................  ...............................  ...............................  Construction and  
                                                                                                                                       operation.       
10902...........................  ................................  ...............................  ...............................  Safe and adequate 
                                                                                                                                       facilities.      
10903...........................  10903...........................  ...............................  ...............................  Abandonment       
                                                                                                                                       approval/        
                                                                                                                                       disapproval.     
10904...........................  10903...........................  ...............................  ...............................  Abandonment       
                                                                                                                                       procedures.      
10905...........................  10904...........................  ...............................  ...............................  Financial         
                                                                                                                                       assistance.      
10906...........................  10905...........................  ...............................  ...............................  Public use of     
                                                                                                                                       abandoned lines. 
10907...........................  10906, 10501(b)(2), 10102(5)....  ...............................  ...............................  Spur track        
                                                                                                                                       exemption.       
10908...........................  ................................  ...............................  ...............................  Passenger route   
                                                                                                                                       discontinuance--i
                                                                                                                                       nterstate.       
10909...........................  ................................  ...............................  ...............................  Passenger route   
                                                                                                                                       discontinuance--i
                                                                                                                                       ntrastate.       
10910...........................  10907...........................  ...............................  ...............................  Feeder line       
                                                                                                                                       development.     
10921...........................  ................................  13901..........................  ...............................  License           
                                                                                                                                       requirement.     
10922...........................  ................................  13902..........................  ...............................  Motor carrier     
                                                                                                                                       license.         
10923...........................  ................................  10903..........................  ...............................  Frt. forwarder    
                                                                                                                                       license.         
10924...........................  ................................  13904..........................  ...............................  Broker license.   
10925...........................  ................................  13905..........................  ...............................  Duration of       
                                                                                                                                       licenses.        
10926...........................  ................................  ...............................  ...............................  Transfers of      
                                                                                                                                       licenses.        
10927...........................  ................................  13906..........................  ...............................  Security          
                                                                                                                                       (Insurance)      
                                                                                                                                       requirement.     
10928...........................  ................................  ...............................  ...............................  Temporary         
                                                                                                                                       authority.       
10929...........................  ................................  ...............................  ...............................  Temporary water   
                                                                                                                                       authority.       
10930...........................  ................................  ...............................  ...............................  Limitations on    
                                                                                                                                       licenses.        
10931...........................  ................................  ...............................  ...............................  Intrastate        
                                                                                                                                       licensing.       
10932...........................  ................................  ...............................  ...............................  Motor savings     
                                                                                                                                       provision.       
10933...........................  ................................  ...............................  ...............................  Ceasing HHG frt.  
                                                                                                                                       forwarder        
                                                                                                                                       service.         
10934...........................  ................................  13907..........................  ...............................  HHG Agents.       
10935...........................  ................................  ...............................  ...............................  Bus route         
                                                                                                                                       discontinuances. 
10936...........................  ................................  ...............................  ...............................  Limit on          
                                                                                                                                       intrastate bus   
                                                                                                                                       regulation.      
New.............................  ................................  13908..........................  ...............................  Replacement       
                                                                                                                                       unified          
                                                                                                                                       registration     
                                                                                                                                       system.          
11101...........................  11101...........................  14101..........................  15701..........................  Providing transp. 
                                                                                                                                       (Common carrier  
                                                                                                                                       oblig'n).        
11101(d)........................  ................................  13710(b).......................  ...............................  Undercharge--contr
                                                                                                                                       act vs. common   
                                                                                                                                       disputes.        
11102...........................  ................................  ...............................  ...............................  Classification of 
                                                                                                                                       carriers.        
11103...........................  11102...........................  ...............................  ...............................  Use of terminal   
                                                                                                                                       facilities.      
11104...........................  11103...........................  ...............................  ...............................  Switch            
                                                                                                                                       connections.     
11105...........................  ................................  ...............................  ...............................  Protective        
                                                                                                                                       services (heat   
                                                                                                                                       and cold).       

[[Page H15056]]
                                                                                                                                                        
11106...........................  ................................  ...............................  ...............................  Identification of 
                                                                                                                                       vehicles.        
11107...........................  ................................  14102..........................  ...............................  Leased vehicles   
                                                                                                                                       (owner-          
                                                                                                                                       operators).      
11108...........................  ................................  ...............................  ...............................  Water--unreas.    
                                                                                                                                       discrimination.  
11109...........................  ................................  14103..........................  ...............................  Lumping.          
11110...........................  ................................  14104..........................  ...............................  HHG operations.   
11111...........................  ................................  ...............................  ...............................  CB radios on      
                                                                                                                                       buses.           
11121...........................  11121...........................  ...............................  ...............................  Car service       
                                                                                                                                       criteria.        
11122...........................  11122...........................  ...............................  ...............................  Car service       
                                                                                                                                       compensation.    
11123...........................  11123...........................  ...............................  ...............................  Emergency         
                                                                                                                                       situations.      
11124...........................  11123...........................  ...............................  ...............................  Rerouting.        
11125...........................  11123...........................  ...............................  ...............................  Directed service. 
11126...........................  ................................  ...............................  ...............................  Distribution of   
                                                                                                                                       coal cars.       
11127...........................  ................................  ...............................  ...............................  HHG Frt. Forwarder
                                                                                                                                       services.        
11128...........................  11124...........................  ...............................  ...............................  War Emergencies.  
11141...........................  11141...........................  14121..........................  15721..........................  Reports and       
                                                                                                                                       records.         
11142...........................  11142...........................  ...............................  ...............................  Uniform accounting
                                                                                                                                       system.          
11143...........................  11143...........................  ...............................  ...............................  Depreciation      
                                                                                                                                       charges.         
11144...........................  11144...........................  14122..........................  15722..........................  Records inspection
                                                                                                                                       and retention.   
11145...........................  11145...........................  14123..........................  15723..........................  Reports by        
                                                                                                                                       carriers.        
11161...........................  ................................  ...............................  ...............................  Railroad          
                                                                                                                                       Accounting       
                                                                                                                                       Principles Board 
                                                                                                                                       (RAPB)           
11162...........................  ................................  ...............................  ...............................  Cost accounting   
                                                                                                                                       principles.      
11163...........................  11161...........................  ...............................  ...............................  Implementing      
                                                                                                                                       accounting       
                                                                                                                                       principles.      
11164...........................  11162...........................  ...............................  ...............................  Certification of  
                                                                                                                                       carrier's        
                                                                                                                                       accounting.      
11165...........................  11163...........................  ...............................  ...............................  Cost info. made   
                                                                                                                                       available.       
11166...........................  11164...........................  ...............................  ...............................  Cost reporting.   
11167...........................  ................................  ...............................  ...............................  RAPB report.      
11168...........................  ................................  ...............................  ...............................  RAPB funding      
                                                                                                                                       authorized.      
11301...........................  ................................  ...............................  ...............................  Securities        
                                                                                                                                       issuances.       
11302...........................  ................................  ...............................  ...............................  [previously       
                                                                                                                                       repealed.]       
11303...........................  11301...........................  ...............................  ...............................  Equipment trusts. 
11304...........................  ................................  14301..........................  ...............................  Security interests
                                                                                                                                       in motor         
                                                                                                                                       vehicles.        
11321...........................  ................................  ...............................  ...............................  Ownership of water
                                                                                                                                       carriers.        
11322...........................  11328...........................  ...............................  ...............................  Restrictions on   
                                                                                                                                       officers &       
                                                                                                                                       directors.       
11323...........................  ................................  ...............................  ...............................  Ownership of      
                                                                                                                                       carriers by HHG  
                                                                                                                                       frt. forwarders. 
11341...........................  11321...........................  14302(f), 14303(f).............  ...............................  Scope of authority
                                                                                                                                       (antitrust       
                                                                                                                                       immunity).       
11342...........................  11322...........................  14302..........................  ...............................  Pooling.          
11343...........................  11323, 10902....................  14303(a), (g)..................  ...............................  Mergers &         
                                                                                                                                       consolidations.  
11344...........................  11324...........................  14303(b).......................  ...............................  Merger procedures--
                                                                                                                                       general.         
11345...........................  11325...........................  ...............................  ...............................  Merger procedures--
                                                                                                                                       rail.            
11345a..........................  ................................  14303(c)-(e)...................  ...............................  Merger procedures--
                                                                                                                                       motor.           
11346...........................  ................................  ...............................  ...............................  Expedited merger  
                                                                                                                                       procedure.       
11347...........................  11326...........................  ...............................  ...............................  Labor protection  
                                                                                                                                       for mergers.     
11348...........................  ................................  14303(h).......................  ...............................  Authority over    
                                                                                                                                       noncarriers in   
                                                                                                                                       control.         
11349...........................  ................................  14303(i).......................  ...............................  Temporary auth'y  
                                                                                                                                       for mergers.     
11350...........................  ................................  ...............................  ...............................  Mergers--DOT      
                                                                                                                                       sponsorship.     
11351...........................  11327...........................  14303(j).......................  ...............................  Mergers--supplemen
                                                                                                                                       tal orders.      
11361-11367.....................  ................................  ...............................  ...............................  Financial         
                                                                                                                                       Structure.       
11501...........................  ................................  14501..........................  ...............................  State preemptions.
11502...........................  ................................  ...............................  ...............................  Conference & jt.  
                                                                                                                                       hearings w/      
                                                                                                                                       states.          
11503...........................  11501...........................  ...............................  ...............................  Tax discrim.--    
                                                                                                                                       rail.            
11503a..........................  ................................  14502..........................  ...............................  Tax discrim.--    
                                                                                                                                       motor.           
11504...........................  11502...........................  14503..........................  ...............................  Withholding st.   
                                                                                                                                       and local income 
                                                                                                                                       tax.             
11505...........................  ................................  ...............................  ...............................  St. actions to    
                                                                                                                                       injoin           
                                                                                                                                       abandonments by  
                                                                                                                                       rail or HHG frt. 
                                                                                                                                       forwarders.      
11506...........................  ................................  14504..........................  ...............................  Single-State      
                                                                                                                                       registration.    
11507...........................  ................................  ...............................  ...............................  Prison-made       
                                                                                                                                       property.        
New.............................  ................................  14505..........................  ...............................  Bus sales tax.    
11701...........................  11701...........................  14701..........................  15901..........................  General           
                                                                                                                                       enforcement      
                                                                                                                                       authority.       
11702...........................  11702...........................  14702..........................  15902..........................  ICC enforcement.  
11703...........................  11703...........................  14703..........................  15903..........................  Atty. Gen.        
                                                                                                                                       enforcement.     
11704...........................  ................................  ...............................  ...............................  Private actions to
                                                                                                                                       enjoin HHG frt.  
                                                                                                                                       forwarder        
                                                                                                                                       cessation of     
                                                                                                                                       service.         
11705...........................  11704...........................  14704..........................  15904..........................  Rights and        
                                                                                                                                       remedies of      
                                                                                                                                       injured persons. 
11706...........................  11705...........................  14705..........................  15905..........................  Statute of        
                                                                                                                                       limitations.     
11707...........................  11706...........................  14706..........................  15906..........................  Liability of      
                                                                                                                                       common carriers  
                                                                                                                                       under bills of   
                                                                                                                                       lading.          
11708...........................  ................................  14707..........................  ...............................  Private           
                                                                                                                                       enforcement of   
                                                                                                                                       licensing.       
11709...........................  ................................  ...............................  ...............................  Liability for     
                                                                                                                                       securities       
                                                                                                                                       issuances.       
11710...........................  11707...........................  ...............................  ...............................  Liability for     
                                                                                                                                       misrouting.      
11711...........................  ................................  14708..........................  ...............................  HHG Arbitration   
                                                                                                                                       program.         
11712...........................  ................................  14709..........................  ...............................  Tariff            
                                                                                                                                       reconciliation   
                                                                                                                                       rules            
                                                                                                                                       (undercharges).  
11901...........................  11901...........................  14901..........................  16101..........................  General civil     
                                                                                                                                       penalties.       
11902...........................  ................................  14902..........................  ...............................  Penalties for     
                                                                                                                                       rebates.         
11902a..........................  ................................  14905..........................  ...............................  Penalties for     
                                                                                                                                       lumping.         
11903...........................  ................................  14903..........................  ...............................  Rate, discrim. and
                                                                                                                                       tariff           
                                                                                                                                       violations.      
11904...........................  ................................  14904..........................  ...............................  Additional rate   
                                                                                                                                       and discrim.     
                                                                                                                                       violations.      
11905...........................  ................................  ...............................  ...............................  Free transp.      
11906...........................  ................................  14906..........................  ...............................  Evasion of        
                                                                                                                                       regulation.      
11907...........................  11902...........................  ...............................  ...............................  Interference with 
                                                                                                                                       car supply.      
11908...........................  ................................  ...............................  ...............................  HHG Frt. Forwarder
                                                                                                                                       abandonment of   
                                                                                                                                       service.         
11909...........................  11903...........................  14907..........................  16102..........................  Record keeping and
                                                                                                                                       reporting        
                                                                                                                                       violations.      
11910...........................  11904...........................  14908..........................  16103..........................  Unlawful          
                                                                                                                                       disclosure of    
                                                                                                                                       info.            
11911...........................  ................................  ...............................  ...............................  Unlawful          
                                                                                                                                       securities       
                                                                                                                                       issuances.       
11912...........................  ................................  ...............................  ...............................  Merger--violations
                                                                                                                                       by noncarriers.  
11913...........................  11905...........................  14909..........................  16104..........................  Disobedience to   
                                                                                                                                       subpoenas.       
11913a..........................  ................................  ...............................  ...............................  Accounting        
                                                                                                                                       principles       
                                                                                                                                       violations.      
11914...........................  11906...........................  14910..........................  16105..........................  General criminal  
                                                                                                                                       penalties.       
11915...........................  11907...........................  14911..........................  16106..........................  Corporate         
                                                                                                                                       liability.       
11916...........................  ................................  14913..........................  ...............................  Conclusiveness of 
                                                                                                                                       rates.           
11917...........................  ................................  14912..........................  ...............................  HHG weight-       
                                                                                                                                       bumping.         
--------------------------------------------------------------------------------------------------------------------------------------------------------


     From the Committee on Transportation and Infrastructure, for 
     consideration of the House bill, and the Senate amendment, 
     and modifications committed to conference:
     Bud Shuster,
     Bill Clinger,
     Tom Petri,
     Howard Coble,
     Susan Molinari,
     Nick Rahall,
     As additional conferees from the Committee on the Judiciary, 
     for consideration of the House bill, and the Senate 
     amendment, and modifications committed to conference:
     Henry Hyde,
     Carlos J. Moorhead,
                                Managers on the Part of the House.

     Larry Pressler,
     Ted Stevens,
     Conrad Burns,
     Trent Lott,
     Kay Bailey Hutchison,
     John Ashcroft,
     Fritz Hollings,
     Daniel K. Inouye,
     J.J. Exon,
     Jay Rockefeller,
     John Breaux,
     Managers on the Part of the Senate.

                          ____________________