[House Report 104-311]
[From the U.S. Government Publishing Office]




 
   104th Congress 1st 
         Session        HOUSE OF REPRESENTATIVES        Report
                                                       104-311
_______________________________________________________________________


                      ICC TERMINATION ACT OF 1995

                               ----------                              

                              R E P O R T

                                 of the

                      COMMITTEE ON TRANSPORTATION
                           AND INFRASTRUCTURE
                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 2539

                             together with

                     MINORITY AND ADDITIONAL VIEWS

      [Including cost estimate of the Congressional Budget Office]




November 6, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
   104th Congress 1st   HOUSE OF REPRESENTATIVES        Report
         Session
                                                       104-311
_______________________________________________________________________




                      ICC TERMINATION ACT OF 1995

                               __________

                              R E P O R T

                                 of the

                      COMMITTEE ON TRANSPORTATION
                           AND INFRASTRUCTURE
                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 2539

                             together with


                     MINORITY AND ADDITIONAL VIEWS

      [Including cost estimate of the Congressional Budget Office]




November 6, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
ICC TERMINATION ACT OF 1995
104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-311
_______________________________________________________________________


                     ICC TERMINATION ACT OF 1995

                                _______


November 6, 1995.--Committed to the Committee on the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                             together with

                     MINORITY AND ADDITIONAL VIEWS

                        [To accompany H.R. 2539]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred 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 considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``ICC Termination Act of 1995''.

          TITLE I--ABOLITION OF INTERSTATE COMMERCE COMMISSION

SEC. 101. ABOLITION.

  The Interstate Commerce Commission is abolished.

SEC. 102. RAIL PROVISIONS.

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

                ``SUBTITLE IV--INTERSTATE TRANSPORTATION

                             ``PART A--RAIL

``Chapter                                                          Sec.
``101. GENERAL PROVISIONS..................................       10101
``103. JURISDICTION........................................       10301
``105. RATES...............................................       10501
``107. LICENSING...........................................       10701
``109. OPERATIONS..........................................       10901
``111. FINANCE.............................................       11101
``113. FEDERAL-STATE RELATIONS.............................       11301
``115. ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES...       11501
``117. CIVIL AND CRIMINAL PENALTIES........................       11701

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

``Chapter                                                          Sec.
``131. GENERAL PROVISIONS..................................       13101
``133. ADMINISTRATIVE PROVISIONS...........................       13301
``135. JURISDICTION........................................       13501
``137. RATES AND THROUGH ROUTES............................       13701
``139. REGISTRATION........................................       13901
``141. OPERATIONS OF CARRIERS..............................       14101
``143. FINANCE.............................................       14301
``145. FEDERAL-STATE RELATIONS.............................       14501
``147. ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES.......       14701
``149. CIVIL AND CRIMINAL PENALTIES........................       14901

                             ``PART A--RAIL

                   ``CHAPTER 101--GENERAL PROVISIONS

``Sec.
``10101. Rail transportation policy.
``10102. Definitions.
``10103. Remedies are exclusive.

``Sec. 10101. Rail transportation policy

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

``Sec. 10102. Definitions

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

``Sec. 10103. Remedies are exclusive

  ``Except as otherwise provided in this part, the remedies provided 
under this part are exclusive and preempt the remedies provided under 
Federal or State law.

                      ``CHAPTER 103--JURISDICTION

``Sec.
``10301. General jurisdiction.
``10302. Authority to exempt rail carrier transportation.

``Sec. 10301. General jurisdiction

  ``(a)(1) Subject to this chapter and other law, the Panel has 
jurisdiction over transportation by rail carrier that is--
          ``(A) only by railroad; or
          ``(B) by railroad and water, when the transportation is under 
        common control, management, or arrangement for a continuous 
        carriage or shipment.
  ``(2) Jurisdiction under paragraph (1) applies only to transportation 
in the United States between a place in--
          ``(A) a State and a place in the same or another State;
          ``(B) a State and a place in a territory or possession of the 
        United States;
          ``(C) a territory or possession of the United States and a 
        place in another such territory or possession;
          ``(D) a territory or possession of the United States and 
        another place in the same territory or possession;
          ``(E) the United States and another place in the United 
        States through a foreign country; or
          ``(F) the United States and a place in a foreign country.
  ``(b) The jurisdiction of the Panel over--
          ``(1) transportation by rail carriers, and the remedies 
        provided in this part with respect to rates, classifications, 
        rules (including car service, interchange, and other operating 
        rules), practices, routes, services, and facilities of such 
        carriers; and
          ``(2) the construction, acquisition, operation, abandonment, 
        or discontinuance of spur, industrial, team, switching, or side 
        tracks, or facilities, even if the tracks are located, or 
        intended to be located, entirely in one State,
is exclusive.
  ``(c)(1) In this subsection--
          ``(A) the term `local governmental authority'--
                  ``(i) has the same meaning given that term by section 
                5302(a) of this title; and
                  ``(ii) includes a person or entity that contracts 
                with the local governmental authority to provide 
                transportation services; and
          ``(B) the term `mass transportation' means transportation 
        services described in section 5302(a) of this title that are 
        provided by rail.
  ``(2) Except as provided in paragraph (3), the Panel does not have 
jurisdiction under this part over mass transportation provided by a 
local governmental authority.
  ``(3)(A) Notwithstanding paragraph (2) of this subsection, a local 
governmental authority, described in paragraph (2), is subject to 
applicable laws of the United States related to--
          ``(i) safety;
          ``(ii) the representation of employees for collective 
        bargaining; and
          ``(iii) employment retirement, annuity, and unemployment 
        systems or other provisions related to dealings between 
        employees and employers.
  ``(B) The Panel has jurisdiction under sections 10902 and 10903 of 
this title over mass transportation provided by a local governmental 
authority.

``Sec. 10302. Authority to exempt rail carrier transportation

  ``(a) In a matter related to a rail carrier providing transportation 
subject to the jurisdiction of the Panel under this part, the Panel, to 
the maximum extent consistent with this part, shall exempt a person, 
class of persons, or a transaction or service whenever the Panel finds 
that the application of a provision of this part--
          ``(1) is not necessary to carry out the transportation policy 
        of section 10101 of this title; and
          ``(2) either--
                  ``(A) the transaction or service is of limited scope; 
                or
                  ``(B) the application of the provision is not needed 
                to protect shippers from the abuse of market power.
  ``(b) The Panel may, where appropriate, begin a proceeding under this 
section on its own initiative or on application by the Secretary of 
Transportation or an interested party. The Panel shall, within 90 days 
after receipt of any such application, determine whether to begin an 
appropriate proceeding. If the Panel decides not to begin a proceeding, 
the reasons for the decision shall be published in the Federal 
Register. Any proceeding begun as a result of an application under this 
subsection shall be completed within one year after it is begun.
  ``(c) The Panel may specify the period of time during which an 
exemption granted under this section is effective.
  ``(d) The Panel may revoke an exemption, to the extent it specifies, 
when it finds that application of a provision of this part to the 
person, class, or transportation is necessary to carry out the 
transportation policy of section 10101 of this title. The Panel shall, 
within 90 days after receipt of a request for revocation under this 
subsection, determine whether to begin an appropriate proceeding. If 
the Panel decides not to begin a proceeding, the reasons for the 
decision shall be published in the Federal Register. Any proceeding 
begun as a result of a request under this subsection shall be completed 
within one year after it is begun.
  ``(e) No exemption order issued pursuant to this section shall 
operate to relieve any rail carrier from an obligation to provide 
contractual terms for liability and claims which are consistent with 
the provisions of section 11506 of this title. Nothing in this 
subsection or section 11506 of this title shall prevent rail carriers 
from offering alternative terms nor give the Panel the authority to 
require any specific level of rates or services based upon the 
provisions of section 11506 of this title.
  ``(f) The Panel may exercise its authority under this section to 
exempt transportation that is provided by a rail carrier.
  ``(g) The Panel may not exercise its authority under this section to 
relieve a rail carrier of its obligation to protect the interests of 
employees as required by this part.

                          ``CHAPTER 105--RATES

                   ``SUBCHAPTER I--GENERAL AUTHORITY

``Sec.

``10501. Standards for rates, classifications, through routes, rules, 
and practices.
``10502. Authority for rail carriers to establish rates, 
classifications, rules, and practices.
``10503. Authority for rail carriers to establish through routes.
``10504. Authority and criteria: rates, classifications, rules, and 
practices prescribed by Panel.
``10505. Authority: through routes, joint classifications, rates, and 
divisions prescribed by Panel.
``10506. Rate agreements: exemption from antitrust laws.
``10507. Determination of market dominance in rail rate proceedings.
``10508. Inflation-based rate increases.
``10509. Contracts.

                 ``SUBCHAPTER II--SPECIAL CIRCUMSTANCES

``10521. Government traffic.
``10522. Emergency rates.
``10523. Car utilization.

                     ``SUBCHAPTER III--LIMITATIONS

``10541. Prohibitions against discrimination by rail carriers.
``10542. Facilities for interchange of traffic.
``10543. Continuous carriage of freight.
``10544. Transportation services or facilities furnished by shipper.
``10545. Demurrage charges.
``10546. Designation of certain routes by shippers.

                   ``SUBCHAPTER I--GENERAL AUTHORITY

``Sec. 10501. Standards for rates, classifications, through routes, 
                    rules, and practices

  ``(a) A through route established by a rail carrier must be 
reasonable. Divisions of joint rates by rail carriers must be made 
without unreasonable discrimination against a participating carrier and 
must be reasonable.
  ``(b) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part may not discriminate in its 
rates against a connecting line of another rail carrier providing 
transportation subject to the jurisdiction of the Panel under this part 
or unreasonably discriminate against that line in the distribution of 
traffic that is not routed specifically by the shipper.
  ``(c) Except as provided in subsection (d) of this section and unless 
a rate is prohibited by a provision of this part, a rail carrier 
providing transporation subject to the jurisdiction of the Panel under 
this part may establish any rate for transportation or other service 
provided by the rail carrier.
  ``(d)(1) If the Panel determines, under section 10507 of this title, 
that a rail carrier has market dominance over the transportation to 
which a particular rate applies, the rate established by such carrier 
for such transportation must be reasonable.
  ``(2) In determining whether a rate established by a rail carrier is 
reasonable for purposes of this section, the Panel shall recognize the 
policy of this part that rail carriers shall earn adequate revenues, as 
established by the Panel under section 10504(a)(2) of this title.
  ``(3) The Panel shall, within one year after the date of the 
enactment of this paragraph, complete the pending Interstate Commerce 
Commission non-coal rate guidelines proceeding to establish simplified 
and expedited procedures for the determination of rate reasonableness 
cases in which a presentation of constrained market pricing evidence is 
impractical.

``Sec. 10502. Authority for rail carriers to establish rates, 
                    classifications, rules, and practices

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

``Sec. 10503. Authority for rail carriers to establish through routes

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

``Sec. 10504. Authority and criteria: rates, classifications, rules, 
                    and practices prescribed by Panel

  ``(a)(1) When the Panel, after a full hearing, decides that a rate 
charged or collected by a rail carrier for transportation subject to 
the jurisdiction of the Panel under this part, or that a 
classification, rule, or practice of that carrier does or will violate 
this part, the Panel may prescribe the maximum rate, classification, 
rule, or practice to be followed. The Panel may order the carrier to 
stop the violation. When a rate, classification, rule, or practice is 
prescribed under this subsection, the affected carrier may not publish, 
charge, or collect a different rate and shall adopt the classification 
and observe the rule or practice prescribed by the Panel.
  ``(2) The Panel shall maintain and revise as necessary standards and 
procedures for establishing revenue levels for rail carriers providing 
transportation subject to its jurisdiction under this part that are 
adequate, under honest, economical, and efficient management, to cover 
total operating expenses, including depreciation and obsolescence, plus 
a reasonable and economic profit or return (or both) on capital 
employed in the business. The Panel shall make an adequate and 
continuing effort to assist those carriers in attaining revenue levels 
prescribed under this paragraph. Revenue levels established under this 
paragraph should--
          ``(A) provide a flow of net income plus depreciation adequate 
        to support prudent capital outlays, assure the repayment of a 
        reasonable level of debt, permit the raising of needed equity 
        capital, and cover the effects of inflation; and
          ``(B) attract and retain capital in amounts adequate to 
        provide a sound transportation system in the United States.
  ``(3) On the basis of the standards and procedures described in 
paragraph (2), the Panel shall annually determine which rail carriers 
are earning adequate revenues.
  ``(b) The Panel may begin a proceeding under this section on its own 
initiative or on complaint. A complaint under subsection (a) of this 
section must be made under section 11501 of this title, but the 
proceeding may also be in extension of a complaint pending before the 
Panel.

``Sec. 10505. Authority: through routes, joint classifications, rates, 
                    and divisions prescribed by Panel

  ``(a)(1) The Panel may, and shall when it considers it desirable in 
the public interest, prescribe through routes, joint classifications, 
joint rates, the division of joint rates, and the conditions under 
which those routes must be operated, for a rail carrier providing 
transportation subject to the jurisdiction of the Panel under this 
part.
  ``(2) The Panel may require a rail carrier to include in a through 
route substantially less than the entire length of its railroad and any 
intermediate railroad operated with it under common management or 
control if that intermediate railroad lies between the terminals of the 
through route only when--
          ``(A) required under sections 10541, 10542, or 11101 of this 
        title;
          ``(B) inclusion of those lines would make the through route 
        unreasonably long when compared with a practicable alternative 
        through route that could be established; or
          ``(C) the Panel decides that the proposed through route is 
        needed to provide adequate, and more efficient or economic, 
        transportation.
The Panel shall give reasonable preference, subject to this subsection, 
to the rail carrier originating the traffic when prescribing through 
routes.
  ``(b) The Panel shall prescribe the division of joint rates to be 
received by a rail carrier providing transportation subject to its 
jurisdiction under this part when it decides that a division of joint 
rates established by the participating carriers under section 10503 of 
this title, or under a decision of the Panel under subsection (a) of 
this section, does or will violate section 10501 of this title.
  ``(c) If a division of a joint rate prescribed under a decision of 
the Panel is later found to violate section 10501 of this title, the 
Panel may decide what division would have been reasonable and order 
adjustment to be made retroactive to the date the complaint was filed, 
the date the order for an investigation was made, or a later date that 
the Panel decides is justified. The Panel may make a decision under 
this subsection effective as part of its original decision.

``Sec. 10506. Rate agreements: exemption from antitrust laws

  ``(a)(1) In this subsection--
          ``(A) the term `affiliate' means a person controlling, 
        controlled by, or under common control or ownership with 
        another person and `ownership' refers to equity holdings in a 
        business entity of at least 5 percent;
          ``(B) the term `single-line rate' refers to a rate or 
        allowance proposed by a single rail carrier that is applicable 
        only over its line and for which the transportation (exclusive 
        of terminal services by switching, drayage or other terminal 
        carriers or agencies) can be provided by that carrier; and
          ``(C) the term `practicably participates in the movement' 
        shall have such meaning as the Panel shall by regulation 
        prescribe.
  ``(2)(A) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part that is a party to an 
agreement of at least 2 rail carriers that relates to rates (including 
charges between rail carriers and compensation paid or received for the 
use of facilities and equipment), classifications, divisions, or rules 
related to them, or procedures for joint consideration, initiation, 
publication, or establishment of them, shall apply to the Panel for 
approval of that agreement under this subsection. The Panel shall 
approve the agreement only when it finds that the making and carrying 
out of the agreement will further the transportation policy of section 
10101 of this title and may require compliance with conditions 
necessary to make the agreement further that policy as a condition of 
its approval. If the Panel approves the agreement, it may be made and 
carried out under its terms and under the conditions required by the 
Panel, and the Sherman Act (15 U.S.C. 1, et seq.), the Clayton Act (15 
U.S.C. 12, et seq.), the Federal Trade Commission Act (15 U.S.C. 41, et 
seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), 
and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) do not apply 
to parties and other persons with respect to making or carrying out the 
agreement. However, the Panel may not approve or continue approval of 
an agreement when the conditions required by it are not met or if it 
does not receive a verified statement under subparagraph (B) of this 
paragraph.
  ``(B) The Panel may approve an agreement under subparagraph (A) of 
this paragraph only when the rail carriers applying for approval file a 
verified statement with the Panel. Each statement must specify for each 
rail carrier that is a party to the agreement--
          ``(i) the name of the carrier;
          ``(ii) the mailing address and telephone number of its 
        headquarter's office; and
          ``(iii) the names of each of its affiliates and the names, 
        addresses, and affiliates of each of its officers and directors 
        and of each person, together with an affiliate, owning or 
        controlling any debt, equity, or security interest in it having 
        a value of at least $1,000,000.
  ``(3)(A) An organization established or continued under an agreement 
approved under this subsection shall make a final disposition of a rule 
or rate docketed with it by the 120th day after the proposal is 
docketed. Such an organization may not--
          ``(i) permit a rail carrier to discuss, to participate in 
        agreements related to, or to vote on single-line rates proposed 
        by another rail carrier, except that for purposes of general 
        rate increases and broad changes in rates, classifications, 
        rules, and practices only, if the Panel finds at any time that 
        the implementation of this clause is not feasible, it may delay 
        or suspend such implementation in whole or in part;
          ``(ii) permit a rail carrier to discuss, to participate in 
        agreements related to, or to vote on rates related to a 
        particular interline movement unless that rail carrier 
        practicably participates in the movement; or
          ``(iii) if there are interline movements over two or more 
        routes between the same end points, permit a carrier to 
        discuss, to participate in agreements related to, or to vote on 
        rates except with a carrier which forms part of a particular 
        single route. If the Panel finds at any time that the 
        implementation of this clause is not feasible, it may delay or 
        suspend such implementation in whole or in part.
  ``(B)(i) In any proceeding in which a party alleges that a rail 
carrier voted or agreed on a rate or allowance in violation of this 
subsection, that party has the burden of showing that the vote or 
agreement occurred. A showing of parallel behavior does not satisfy 
that burden by itself.
  ``(ii) In any proceeding in which it is alleged that a carrier was a 
party to an agreement, conspiracy, or combination in violation of a 
Federal law cited in subsection (a)(2)(A) of this section or of any 
similar State law, proof of an agreement, conspiracy, or combination 
may not be inferred from evidence that two or more rail carriers acted 
together with respect to an interline rate or related matter and that a 
party to such action took similar action with respect to a rate or 
related matter on another route or traffic. In any proceeding in which 
such a violation is alleged, evidence of a discussion or agreement 
between or among such rail carrier and one or more other rail carriers, 
or of any rate or other action resulting from such discussion or 
agreement, shall not be admissible if the discussion or agreement--
          ``(I) was in accordance with an agreement approved under 
        paragraph (2) of this subsection; or
          ``(II) concerned an interline movement of the rail carrier, 
        and the discussion or agreement would not, considered by 
        itself, violate the laws referred to in the first sentence of 
        this clause.
In any proceeding before a jury, the court shall determine whether the 
requirements of subclause (I) or (II) are satisfied before allowing the 
introduction of any such evidence.
  ``(C) An organization described in subparagraph (A) of this paragraph 
shall provide that transcripts or sound recordings be made of all 
meetings, that records of votes be made, and that such transcripts or 
recordings and voting records be submitted to the Panel and made 
available to other Federal agencies in connection with their statutory 
responsibilities over rate bureaus, except that such material shall be 
kept confidential and shall not be subject to disclosure under section 
552 of title 5, United States Code.
  ``(4) Notwithstanding any other provision of this subsection, one or 
more rail carriers may enter into an agreement, without obtaining prior 
Panel approval, that provides solely for compilation, publication, and 
other distribution of rates in effect or to become effective. The 
Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et 
seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), 
sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), and 
the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) shall not apply 
to parties and other persons with respect to making or carrying out 
such agreement. However, the Panel may, upon application or on its own 
initiative, investigate whether the parties to such an agreement have 
exceeded its scope, and upon a finding that they have, the Panel may 
issue such orders as are necessary, including an order dissolving the 
agreement, to ensure that actions taken pursuant to the agreement are 
limited as provided in this paragraph.
  ``(5)(A) Whenever two or more shippers enter into an agreement to 
discuss among themselves that relates to the amount of compensation 
such shippers propose to be paid by rail carriers providing 
transportation subject to the jurisdiction of the Panel under this 
part, for use by such rail carriers of rolling stock owned or leased by 
such shippers, the shippers shall apply to the Panel for approval of 
that agreement under this paragraph. The Panel shall approve the 
agreement only when it finds that the making and carrying out of the 
agreement will further the transportation policy set forth in section 
10101 of this title and may require compliance with conditions 
necessary to make the agreement further that policy as a condition of 
approval. If the Panel approves the agreement, it may be made and 
carried out under its terms and under the terms required by the Panel, 
and the antitrust laws set forth in paragraph (2) of this subsection do 
not apply to parties and other persons with respect to making or 
carrying out the agreement. The Panel shall approve or disapprove an 
agreement under this paragraph within one year after the date 
application for approval of such agreement is made.
  ``(B) If the Panel approves an agreement described in subparagraph 
(A) of this paragraph and the shippers entering into such agreement and 
the rail carriers proposing to use rolling stock owned or leased by 
such shippers, under payment by such carriers or under a published 
allowance, are unable to agree upon the amount of compensation to be 
paid for the use of such rolling stock, any party directly involved in 
the negotiations may require that the matter be settled by submitting 
the issues in dispute to the Panel. The Panel shall render a binding 
decision, based upon a standard of reasonableness and after taking into 
consideration any past precedents on the subject matter of the 
negotiations, no later than 90 days after the date of the submission of 
the dispute to the Panel.
  ``(C) Nothing in this paragraph shall be construed to change the law 
in effect prior to the effective date of the Staggers Rail Act of 1980 
with respect to the obligation of rail carriers to utilize rolling 
stock owned or leased by shippers.
  ``(b) The Panel may require an organization established or continued 
under an agreement approved under this section to maintain records and 
submit reports. The Panel may inspect a record maintained under this 
section.
  ``(c) The Panel may review an agreement approved under subsection (a) 
of this section and shall change the conditions of approval or 
terminate it when necessary to comply with the public interest and 
subsection (a). The Panel shall postpone the effective date of a change 
of an agreement under this subsection for whatever period it determines 
to be reasonably necessary to avoid unreasonable hardship.
  ``(d) The Panel may begin a proceeding under this section on its own 
initiative or on application. Action of the Panel under this section--
          ``(1) approving an agreement;
          ``(2) denying, ending, or changing approval;
          ``(3) prescribing the conditions on which approval is 
        granted; or
          ``(4) changing those conditions,
has effect only as related to application of the antitrust laws 
referred to in subsection (a) of this section.
  ``(e) The Panel shall review each agreement approved under subsection 
(a) of this section periodically, but at least once every 3 years--
          ``(1) to determine whether the agreement or an organization 
        established or continued under one of those agreements still 
        complies with the requirements of that subsection and the 
        public interest; and
          ``(2) to evaluate the success and effect of that agreement or 
        organization on the consuming public and the national rail 
        freight transportation system.
If the Panel finds that an agreement or organization does not conform 
to the requirements of that subsection, it shall end or suspend its 
approval.
  ``(f)(1) The Federal Trade Commission, in consultation with the 
Antitrust Division of the Department of Justice, shall prepare 
periodically an assessment of, and shall report to the Panel on--
          ``(A) possible anticompetitive features of--
                  ``(i) agreements approved or submitted for approval 
                under subsection (a) of this section; and
                  ``(ii) an organization operating under those 
                agreements; and
          ``(B) possible ways to alleviate or end an anticompetitive 
        feature, effect, or aspect in a manner that will further the 
        goals of this part and of the transportation policy of section 
        10101 of this title.
  ``(2) Reports received by the Panel under this subsection shall be 
published and made available to the public under section 552(a) of 
title 5.

``Sec. 10507. Determination of market dominance in rail rate 
                    proceedings

  ``(a) In this section, `market dominance' means an absence of 
effective competition from other rail carriers or modes of 
transportation for the transportation to which a rate applies.
  ``(b) When a rate for transportation by a rail carrier providing 
transportation subject to the jurisdiction of the Panel under this part 
is challenged as being unreasonably high, the Panel shall determine, 
within 90 days after the start of a proceeding, whether the rail 
carrier proposing the rate has market dominance over the transportation 
to which the rate applies. The Panel may make that determination on its 
own initiative or on complaint. A finding by the Panel that the rail 
carrier does not have market dominance is determinative in a proceeding 
under this part related to that rate or transportation unless changed 
or set aside by the Panel or set aside by a court of competent 
jurisdiction.
  ``(c) When the Panel finds in any proceeding that a rail carrier 
proposing or defending a rate for transportation has market dominance 
over the transportation to which the rate applies, it may then 
determine that rate to be unreasonable if it exceeds a reasonable 
maximum for that transportation. However, a finding of market dominance 
does not establish a presumption that the proposed rate exceeds a 
reasonable maximum.
  ``(d)(1)(A) In making a determination under this section, the Panel 
shall find that the rail carrier establishing the challenged rate does 
not have market dominance over the transportation to which the rate 
applies if such rail carrier proves that the rate charged results in a 
revenue-variable cost percentage for such transportation that is less 
than 180 percent.
  ``(B) For purposes of this section, variable costs for a Class I rail 
carrier shall be determined only by using such carrier's unadjusted 
costs, calculated using the Panel's Rail Form A cost finding 
methodology (or an alternative methodology adopted by the Panel in lieu 
thereof) and indexed quarterly to account for current wage and price 
levels in the region in which the carrier operates, with adjustments 
specified by the Panel. A rail carrier may meet its burden of proof 
under this subsection by establishing its variable costs in accordance 
with this paragraph, but a shipper may rebut that showing by evidence 
of such type, and in accordance with such burden of proof, as the Panel 
shall prescribe.
  ``(2) A finding by the Panel that a rate charged by a rail carrier 
results in a revenue-variable cost percentage for the transportation to 
which the rate applies that is equal to or greater than 180 percent 
does not establish a presumption that--
          ``(A) such rail carrier has or does not have market dominance 
        over such transportation; or
          ``(B) the proposed rate exceeds or does not exceed a 
        reasonable maximum.

``Sec. 10508. Inflation-based rate increases

  ``(a) The Panel may, on a quarterly basis and consistent with the 
rail transportation policy set forth in section 10101 of this title, 
prescribe a percentage rate index for rail carriers in order to 
compensate for inflationary cost increases. Such percentage rate index 
may be applicable on an industry-wide, territory-wide, or carrier-by-
carrier basis.
  ``(b) For purposes of this section, a percentage rate index may 
permit rate increases within a specified range to allow carriers to 
recover a total revenue increase specified by the Panel as necessary to 
compensate for inflationary cost increases.
  ``(c) The Panel shall, as often as practicable, but in no event less 
often than quarterly, publish a rail cost adjustment factor which shall 
be a fraction, the numerator of which is the latest published Index of 
Railroad Costs (which index shall be compiled or verified by the Panel, 
with appropriate adjustments to reflect the changing composition of 
railroad costs, including the quality and mix of material and labor) 
and the denominator of which is the same index for the fourth quarter 
of every fifth year.

``Sec. 10509. Contracts

  ``(a) One or more rail carriers providing transportation subject to 
the jurisdiction of the Panel under this part may enter into a contract 
with one or more purchasers of rail services to provide specified 
services under specified rates and conditions.
  ``(b) A party to a contract entered into under this section shall 
have no duty in connection with services provided under such contract 
other than those duties specified by the terms of the contract.
  ``(c)(1) A contract that is authorized by this section, and 
transportation under such contract, shall not be subject to this part, 
and may not be subsequently challenged before the Panel or in any court 
on the grounds that such contract violates a provision of this part.
  ``(2) The exclusive remedy for any alleged breach of a contract 
entered into under this section shall be an action in an appropriate 
State court or United States district court, unless the parties 
otherwise agree.
  ``(d) Documents, papers, and records (and any copies thereof) 
relating to a contract described in subsection (a) shall not be subject 
to the mandatory disclosure requirements of section 552 of title 5.
  ``(e) Any lawful contract between a rail carrier and one or more 
purchasers of rail service that was in effect on the effective date of 
the Staggers Rail Act of 1980 shall be considered a contract authorized 
by this section.

                 ``SUBCHAPTER II--SPECIAL CIRCUMSTANCES

``Sec. 10521. Government traffic

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

``Sec. 10522. Emergency rates

  ``(a) The Panel may authorize a rail carrier providing transportation 
or service subject to its jurisdiction under this part to give reduced 
rates for service and transportation of property to or from an area in 
the United States to provide relief during emergencies. When the Panel 
takes action under this subsection, it must--
          ``(1) define the area of the United States in which the 
        reduced rates will apply;
          ``(2) specify the period during which the reduced rates are 
        to be in effect; and
          ``(3) define the class of persons entitled to the reduced 
        rates.
  ``(b) The Panel may specify those persons entitled to reduced rates 
by reference to those persons designated as being in need of relief by 
the United States Government or by a State government authorized to 
assist in providing relief during the emergency. The Panel may act 
under this section without regard to subchapter II of chapter 5 of 
title 5.

``Sec. 10523. Car utilization

  ``In order to encourage more efficient use of freight cars, 
notwithstanding any other provision of this part, rail carriers shall 
be permitted to establish premium charges for special services or 
special levels of services not otherwise applicable to the movement. 
The Panel shall facilitate development of such charges so as to 
increase the utilization of equipment.

                     ``SUBCHAPTER III--LIMITATIONS

``Sec. 10541. Prohibitions against discrimination by rail carriers

  ``(a)(1) A rail carrier providing transportation or service subject 
to the jurisdiction of the Panel under this part may not subject a 
person, place, port, or type of traffic to unreasonable discrimination.
  ``(2) For purposes of this section, a rail carrier engages in 
unreasonable discrimination when it charges or receives from a person a 
different compensation for a service rendered, or to be rendered, in 
transportation the rail carrier may perform under this part than it 
charges or receives from another person for performing a like and 
contemporaneous service in the transportation of a like kind of traffic 
under substantially similar circumstances.
  ``(b) This section shall not apply to--
          ``(1) contracts described in section 10509 of this title;
          ``(2) rail rates applicable to different routes; or
          ``(3) discrimination against the traffic of another carrier 
        providing transportation by any mode.
  ``(c) Differences between rates, classifications, rules, and 
practices of rail carriers do not constitute a violation of this 
section if such differences result from different services provided by 
rail carriers.

``Sec. 10542. Facilities for interchange of traffic

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

``Sec. 10543. Continuous carriage of freight

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

``Sec. 10544. Transportation services or facilities furnished by 
                    shipper

  ``A rail carrier providing transportation or service subject to the 
jurisdiction of the Panel under this part may publish a charge or 
allowance for transportation or service for property when the owner of 
the property, directly or indirectly, furnishes a service related to or 
an instrumentality used in the transportation or service. The Panel may 
prescribe the maximum reasonable charge or allowance a rail carrier 
subject to its jurisdiction may pay for a service or instrumentality 
furnished under this section. The Panel may begin a proceeding under 
this section on its own initiative or on application.

``Sec. 10545. Demurrage charges

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

``Sec. 10546. Designation of certain routes by shippers

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

                        ``CHAPTER 107--LICENSING

``Sec.
``10701. Authorizing construction and operation of railroad lines.
``10702. Finance and construction transactions by Class II and Class 
III rail carriers and noncarriers.
``10703. Filing and procedure for notice of intent to abandon or 
discontinue.
``10704. Offers to purchase to avoid abandonment and discontinuance.
``10705. Offering abandoned rail properties for sale for public 
purposes.
``10706. Exception.

``Sec. 10701. Authorizing construction and operation of railroad lines

  ``(a) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part may--
          ``(1) construct an extension to any of its railroad lines;
          ``(2) construct an additional railroad line;
          ``(3) acquire or operate an extended or additional railroad 
        line; or
          ``(4) provide transportation over, or by means of, an 
        extended or additional railroad line;
only if the Panel issues a certificate authorizing such activity under 
subsection (c).
  ``(b) A proceeding to grant authority under subsection (a) of this 
section begins when an application is filed. On receiving the 
application, the Panel shall give reasonable public notice of the 
beginning of such proceeding.
  ``(c) The Panel shall issue a certificate authorizing activities for 
which such authority is requested in an application filed under 
subsection (b) unless the Panel finds that such activities are 
inconsistent with the public convenience and necessity. Such 
certificate may approve the application as filed, or with 
modifications, and may require compliance with conditions the Panel 
finds necessary in the public interest.
  ``(d)(1) When a certificate has been issued by the Panel under this 
section or section 10702 authorizing the construction or extension of a 
railroad line, no other rail carrier may block any construction or 
extension authorized by such certificate by refusing to permit the 
carrier to cross its property if--
          ``(A) the construction does not unreasonably interfere with 
        the operation of the crossed line;
          ``(B) the operation does not materially interfere with the 
        operation of the crossed line; and
          ``(C) the owner of the crossing line compensates the owner of 
        the crossed line.
  ``(2) If the parties are unable to agree on the terms of operation or 
the amount of payment for purposes of paragraph (1) of this subsection, 
either party may submit the matters in dispute to the Panel for 
determination. The Panel shall make a determination under this 
paragraph within 90 days after the dispute is submitted for 
determination.
  ``(e) The Panel may require any rail carrier proposing both to 
construct and operate a new railroad line pursuant to this section to 
provide a fair and equitable arrangement for the protection of the 
interests of railroad employees who may be affected thereby no less 
protective of and beneficial to the interests of such employees than 
those established pursuant to section 11126 of this title.
  ``(f) Subsections (a), (b), (c), and (e) of this section shall only 
apply to Class I rail carriers.

``Sec. 10702. Finance and construction transactions by Class II and 
                    Class III rail carriers and noncarriers

  ``(a)(1) A Class II or Class III (as defined by the Panel) rail 
carrier providing transportation subject to the jurisdiction of the 
Panel under this part, or a noncarrier, may--
          ``(A) construct an extension of any of its railroad lines;
          ``(B) construct an additional railroad line; or
          ``(C) acquire or operate a railroad line,
only if the Panel issues a certificate authorizing such activity under 
subsection (c).
  ``(2) A certificate issued by the Panel under subsection (c) shall 
also be required for--
          ``(A) a Class II or Class III rail carrier providing 
        transportation subject to the jurisdiction of the Panel under 
        this part, or a noncarrier to provide transportation over, or 
        by means of, a railroad line by trackage rights, lease, or 
        joint ownership or joint use of the railroad line (and 
        terminals incidental thereto);
          ``(B) a consolidation or merger of the properties or 
        franchises of at least 2 Class II or Class III rail carriers 
        into one corporation for the ownership, management, and 
        operation of the previously separately owned properties;
          ``(C) the acquisition of control of a Class II or Class III 
        rail carrier by one or more Class II or Class III rail 
        carriers;
          ``(D) the acquisition of control of at least 2 Class II or 
        Class III rail carriers by a person that is not a rail carrier; 
        and
          ``(E) the acquisition of control of a Class II or Class III 
        rail carrier by a person that is not a rail carrier but that 
        controls at least one Class II or Class III rail carrier.
  ``(b) A proceeding to grant authority under subsection (a) begins 
when an application is filed. On receiving the application, the Panel 
shall give reasonable public notice of the beginning of such 
proceeding.
  ``(c) The Panel shall issue a certificate authorizing activities for 
which such authority is requested in an application filed under 
subsection (b) unless the Panel finds that such activities are 
inconsistent with the public convenience and necessity because--
          ``(1) as a result of the transaction, there is likely to be 
        substantial lessening of competition, creation of a monopoly, 
        or restraint of trade in freight surface transportation in any 
        region of the United States; and
          ``(2) the anticompetitive effects of the transaction outweigh 
        the public interest in meeting significant transportation 
        needs.
Such certificate may approve the application as filed, or with 
modifications, and may require compliance with conditions the Panel 
finds necessary in the public interest.
  ``(d) When a person is involved in a transaction for which approval 
is sought under this section, the Panel shall require such person to 
protect the interest of affected employees to an extent equal to the 
protection required under sections 2 through 5 of the Worker Adjustment 
and Retraining Notification Act (29 U.S.C. 2101-2104).
  ``(e) The authority of the Panel over transactions described in 
subsection (a)(2) is exclusive. A rail carrier or corporation 
participating in or resulting from such a transaction may carry out the 
transaction, own and operate property, and exercise control or 
franchises acquired through the transaction without the approval of a 
State authority. A rail carrier, corporation, or person participating 
in that transaction is exempt from the antitrust laws and from all 
other law, including State and municipal law, as necessary to let that 
rail carrier, corporation, or person carry out the transaction, hold, 
maintain, and operate property and exercise control or franchises 
acquired through the transaction.

``Sec. 10703. Filing and procedure for notice of intent to abandon or 
                    discontinue

  ``(a)(1) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part who intends to--
          ``(A) abandon any part of its railroad lines; or
          ``(B) discontinue the operation of all rail transportation 
        over any part of its railroad lines,
must file a notice of intent relating thereto with the Panel. An 
abandonment or discontinuance may be carried out only as authorized 
under this chapter.
  ``(2) When a rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part files a notice of intent, the 
notice shall include--
          ``(A) an accurate and understandable summary of the rail 
        carrier's reasons for the proposed abandonment or 
        discontinuance;
          ``(B) a statement indicating that each interested person is 
        entitled to make recommendations to the Panel on the future of 
        the rail line; and
          ``(C)(i) a statement that the line is available for sale in 
        accordance with section 10704 of this title, (ii) a statement 
        that the rail carrier will promptly provide to each interested 
        party an estimate of the minimum purchase price, calculated in 
        accordance with section 10704 of this title and (iii) the name 
        and business address of the person who is authorized to discuss 
        sale terms for the rail carrier.
  ``(3) The rail carrier shall--
          ``(A) send by certified mail a copy of the notice of intent 
        to the chief executive officer of each State that would be 
        directly affected by the proposed abandonment or 
        discontinuance;
          ``(B) post a copy of the notice in each terminal and station 
        on each portion of a railroad line proposed to be abandoned or 
        over which all transportation is to be discontinued;
          ``(C) publish a copy of the notice for 3 consecutive weeks in 
        a newspaper of general circulation in each county in which each 
        such portion is located;
          ``(D) mail a copy of the notice, to the extent practicable, 
        to all shippers that have made significant use (as designated 
        by the Panel) of the railroad line during the 12 months 
        preceding the filing of the notice of intent; and
          ``(E) attach to the notice filed with the Panel an affidavit 
        certifying the manner in which subparagraphs (A) through (D) of 
        this paragraph have been satisfied, and certifying that 
        subparagraphs (A) through (D) have been satisfied within the 
        most recent 30 days prior to the date the notice of intent is 
        filed.
  ``(b)(1) Except as provided in paragraph (2) or subsection (d), 
abandonment and discontinuance may occur as provided in section 10704.
  ``(2) If, after considering the scope of an abandonment or 
discontinuance proposed in a notice of intent filed under this section, 
the Panel considers it necessary, to improve the viability of the lines 
included within the proposed abandonment or discontinuance for possible 
sale or transfer and continued operation, and to enhance competitive 
alternatives in the event of such sale or transfer, the Panel may 
require the filing of a new notice of intent which enlarges the scope 
of the proposed abandonment or discontinuance or provides for 
appropriate trackage rights.
  ``(3) The Panel shall require as a condition of any abandonment or 
discontinuance under this section provisions to protect the interests 
of employees. The provisions shall be at least as beneficial to those 
interests as the provisions established under sections 11126 and 
24706(c) of this title.
  ``(c)(1) In this subsection, the term `potentially subject to 
abandonment' has the meaning given the term in regulations of the 
Panel. The regulations may include standards that vary by region of the 
United States and by railroad or group of railroads.
  ``(2) Each rail carrier shall maintain a complete diagram of the 
transportation system operated, directly or indirectly, by the rail 
carrier. The rail carrier shall submit to the Panel and publish 
amendments to its diagram that are necessary to maintain the accuracy 
of the diagram. The diagram shall--
          ``(A) include a detailed description of each of its railroad 
        lines potentially subject to abandonment; and
          ``(B) identify each railroad line for which the rail carrier 
        plans to file a notice of intent to abandon or discontinue 
        under subsection (a) of this section.
  ``(d) The Panel may disapprove a proposed abandonment or 
discontinuance if the Panel finds it inconsistent with the public 
convenience and necessity.

``Sec. 10704. Offers to purchase to avoid abandonment and 
                    discontinuance

  ``(a) Any rail carrier which has filed a notice of intent to abandon 
or discontinue shall provide promptly to a party considering an offer 
to purchase and shall provide concurrently to the Panel--
          ``(1) a statement of the minimum purchase price required;
          ``(2) its most recent reports on the physical condition of 
        that part of the railroad line involved in the proposed 
        abandonment or discontinuance;
          ``(3) traffic, revenue, and other data necessary to determine 
        the commercial potential of the railroad line; and
          ``(4) any other information that the Panel considers 
        necessary to allow a potential offeror to calculate an adequate 
        purchase offer.
  ``(b) Within 6 months after a notice of intent is filed under section 
10703, any person may offer to purchase the railroad line that is the 
subject of such notice of intent. Such offer shall be filed 
concurrently with the Panel. If the offer to purchase is less than the 
minimum purchase price stated pursuant to subsection (a)(1), the offer 
shall explain the basis of the disparity, and the manner in which the 
offer is calculated.
  ``(c)(1) Unless the Panel, within 15 days after the expiration of the 
6-month period described in subsection (b), finds that one or more 
financially responsible persons (including a governmental authority) 
have offered to purchase that part of the railroad line to be abandoned 
or over which all rail transportation is to be discontinued, 
abandonment or discontinuance may be carried out in accordance with 
section 10703.
  ``(2) If the Panel finds that such an offer or offers to purchase 
have been made within such period, abandonment or discontinuance shall 
be postponed until--
          ``(A) the carrier and a financially responsible person have 
        reached agreement on a transaction for sale of the line; or
          ``(B) the conditions and amount of compensation are 
        established under subsection (e).
  ``(d) Except as provided in subsection (e)(3), if the rail carrier 
and a financially responsible person (including a governmental 
authority) fail to agree on the amount or terms of the purchase, either 
party may, within 30 days after the offer is made, request that the 
Panel establish the conditions and amount of compensation.
  ``(e)(1) Whenever the Panel is requested to establish the conditions 
and amount of compensation under this section--
          ``(A) the Panel shall render its decision within 30 days;
          ``(B) the Panel shall determine the price and other terms of 
        sale, except that in no case shall the Panel set a price which 
        is below the fair market value of the line (including, unless 
        otherwise mutually agreed, all facilities on the line or 
        portion necessary to provide effective transportation 
        services).
  ``(2) The decision of the Panel shall be binding on both parties, 
except that the person who has offered to purchase the line may 
withdraw his offer within 10 days of the Panel's decision. In such a 
case, the abandonment or discontinuance may be carried out immediately, 
unless other offers are being considered pursuant to paragraph (3) of 
this subsection.
  ``(3) If a rail carrier receives more than one offer to purchase, it 
shall select the offeror with whom it wishes to transact business, and 
complete the sale agreement, or request that the Panel establish the 
conditions and amount of compensation before the 40th day after the 
expiration of the 6-month period described in subsection (b). If no 
agreement on sale is reached within such 40-day period and the Panel 
has not been requested to establish the conditions and amount of 
compensation, any other offeror whose offer was made within the 6-month 
period described in subsection (b) may request that the Panel establish 
the conditions and amount of compensation. If the Panel has established 
the conditions and amount of compensation, and the original offer has 
been withdrawn, any other offeror whose offer was made within the 6-
month period described in subsection (b) may accept the Panel's 
decision within 20 days after such decision, and the Panel shall 
require the carrier to enter into a sale agreement with such offeror, 
if such sale agreement incorporates the Panel's decision.
  ``(4) No purchaser of a line or portion of line sold under this 
section may transfer or discontinue service on such line prior to the 
end of the second year after consummation of the sale, nor may such 
purchaser transfer such line, except to the rail carrier from whom it 
was purchased, prior to the end of the fifth year after consummation of 
the sale.
  ``(f) Upon abandonment of a railroad line under this section, the 
obligation of the rail carrier abandoning the line to provide 
transportation on that line, as required by section 10901(a), is 
extinguished.

``Sec. 10705. Offering abandoned rail properties for sale for public 
                    purposes

  ``When a rail carrier files a notice of intent to abandon or 
discontinue under section 10703, the Panel shall find whether the rail 
properties that are involved in the proposed abandonment or 
discontinuance are appropriate for use for public purposes, including 
highways, other forms of mass transportation, conservation, energy 
production or transmission, or recreation. If the Panel finds that the 
rail properties proposed to be abandoned are appropriate for public 
purposes and not required for continued rail operations, the properties 
may be sold, leased, exchanged, or otherwise disposed of only under 
conditions provided in the order of the Panel. The conditions may 
include a prohibition on any such disposal for a period of not more 
than 180 days after the effective date of the order, unless the 
properties have first been offered, on reasonable terms, for sale for 
public purposes.

``Sec. 10706. Exception

  ``Notwithstanding section 10701 and subchapter II of chapter 111 of 
this title, and without the approval ofthe Panel, a rail carrier 
providing transportation subject to the jurisdiction of the Panel under 
this part may enter into arrangements for the joint ownership or joint 
use of spur, industrial, team, switching, or side tracks.

                       ``CHAPTER 109--OPERATIONS

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

``Sec.
``10901. Providing transportation, service, and rates.
``10902. Use of terminal facilities.
``10903. Switch connections and tracks.

                      ``SUBCHAPTER II--CAR SERVICE

``10921. Criteria.
``10922. Compensation and practice.
``10923. Rerouting traffic on failure of rail carrier to serve the 
public.
``10924. War emergencies; embargoes imposed by carriers.

                 ``SUBCHAPTER III--REPORTS AND RECORDS

``10941. Definitions.
``10942. Uniform accounting system.
``10943. Depreciation charges.
``10944. Records: form; inspection; preservation.
``10945. Reports by rail carriers, lessors, and associations.

               ``SUBCHAPTER IV--RAILROAD COST ACCOUNTING

``10961. Implementation of cost accounting principles.
``10962. Rail carrier cost accounting system.
``10963. Cost availability.
``10964. Accounting and cost reporting.

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

``Sec. 10901. Providing transportation, service, and rates

  ``(a) A rail carrier providing transportation or service subject to 
the jurisdiction of the Panel under this part shall provide the 
transportation or service on reasonable request. A rail carrier shall 
not be found to have violated this section because it fulfills its 
reasonable commitments under contracts authorized under section 10509 
of this title before responding to reasonable requests for service.
  ``(b) A rail carrier shall also provide to any person, on request, 
rates and other service terms. The response by a rail carrier to a 
request for rates and other service terms shall be--
          ``(1) in writing and forwarded to the requesting person 
        promptly after receipt of the request; or
          ``(2) promptly made available in electronic form.
  ``(c) A rail carrier may not increase any common carrier rates or 
change any common carrier service terms unless written notice is 
provided in accordance with subsection (d) to--
          ``(1) any person who has requested such rates or terms under 
        subsection (b); and
          ``(2) any person who has made arrangements with the carrier 
        for a shipment that would be subject to such increased rates or 
        changed terms.
  ``(d) The Panel shall, by regulation, establish rules to implement 
this section, including appropriate periods of notice.

``Sec. 10902. Use of terminal facilities

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

``Sec. 10903. Switch connections and tracks

  ``(a) On application of the owner of a lateral branch line of 
railroad, or of a shipper tendering interstate traffic for 
transportation, a rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part shall construct, maintain, 
and operate, on reasonable conditions, a switch connection to connect 
that branch line or private side track with its railroad and shall 
furnish cars to move that traffic to the best of its ability without 
discrimination in favor of or against the shipper when the connection--
          ``(1) is reasonably practicable;
          ``(2) can be made safely; and
          ``(3) will furnish sufficient business to justify its 
        construction and maintenance.
  ``(b) If a rail carrier fails to install and operate a switch 
connection after application is made under subsection (a) of this 
section, the owner of the lateral branch line of railroad or the 
shipper may file a complaint with the Panel under section 11501 of this 
title. The Panel shall investigate the complaint and decide the safety, 
practicability, justification, and compensation to be paid for the 
connection. The Panel may direct the rail carrier to comply with 
subsection (a) of this section only after a full hearing.

                      ``SUBCHAPTER II--CAR SERVICE

``Sec. 10921. Criteria

  ``(a)(1) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part shall furnish safe and 
adequate car service and establish, observe, and enforce reasonable 
rules and practices on car service. The Panel may require a rail 
carrier to provide facilities and equipment that are reasonably 
necessary to furnish safe and adequate car service if the Panel decides 
that the rail carrier has materially failed to furnish that service. 
The Panel may begin a proceeding under this paragraph when an 
interested person files an application with it. The Panel may act only 
after a hearing on the record and an affirmative finding, based on the 
evidence presented, that--
          ``(A) providing the facilities or equipment will not 
        materially and adversely affect the ability of the rail carrier 
        to provide safe and adequate transportation;
          ``(B) the amount spent for the facilities or equipment, 
        including a return equal to the rail carrier's current cost of 
        capital, will be recovered; and
          ``(C) providing the facilities or equipment will not impair 
        the ability of the rail carrier to attract adequate capital.
  ``(2) The Panel may require a rail carrier to file its car service 
rules with the Panel.
  ``(b) The Panel may designate and appoint agents and agencies to make 
and carry out its directions related to car service and matters under 
sections 10923 and 10924(a)(1) of this title.

``Sec. 10922. Compensation and practice

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

``Sec. 10923. Rerouting traffic on failure of rail carrier to serve the 
                    public

  ``(a) When the Panel considers that a rail carrier providing 
transportation subject to the jurisdiction of the Panel under this part 
cannot transport the traffic offered to it in a manner that properly 
serves the public, the Panel may direct the handling, routing, and 
movement of the traffic of that rail carrier and its distribution over 
other railroad lines to promote commerce and service to the public. 
Subject to subsection (b)(2) of this section, the rail carriers may 
establish the terms of compensation between themselves.
  ``(b)(1) Except as provided in paragraph (2) of this subsection, the 
Panel may act under this section on its own initiative or on 
application without regard to subchapter II of chapter 5 of title 5.
  ``(2) When the rail carriers do not agree on the terms of 
compensation under this section, the Panel may establish the terms for 
them in a later proceeding.
  ``(c) When there is a shortage of equipment, congestion of traffic, 
or other emergency declared by the Panel, it may prescribe temporary 
through routes that are desirable in the public interest on its own 
initiative or on application without regard to subchapter II of chapter 
7 of this title, and subchapter II of chapter 5 of title 5.

``Sec. 10924. War emergencies; embargoes imposed by carriers

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

                 ``SUBCHAPTER III--REPORTS AND RECORDS

``Sec. 10941. Definitions

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

``Sec. 10942. Uniform accounting system

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

``Sec. 10943. Depreciation charges

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

``Sec. 10944. Records: form; inspection; preservation

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

``Sec. 10945. Reports by rail carriers, lessors, and associations

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

               ``SUBCHAPTER IV--RAILROAD COST ACCOUNTING

``Sec. 10961. Implementation of cost accounting principles

  ``Not less than once every five years after the promulgation of 
original rules implementing the cost accounting principles established 
by the Railroad Accounting Principles Board, the Panel shall review 
such principles and shall, by rule, make such changes in such 
principles as are required to achieve the regulatory purposes of this 
part. The Panel shall insure that the rules promulgated under this 
section are the most efficient and least burdensome means by which the 
required information may be developed for regulatory purposes. To the 
maximum extent practicable, the Panel shall conform such rules to 
generally accepted accounting principles.

``Sec. 10962. Rail carrier cost accounting system

  ``(a) Each rail carrier shall have and maintain a cost accounting 
system that is in compliance with the rules promulgated by the Panel 
under section 10961 of this title. A rail carrier may, after notifying 
the Panel, make modifications in such system unless, within 60 days 
after the date of notification, the Panel finds such modifications to 
be inconsistent with the rules promulgated by the Panel under section 
10961 of this title.
  ``(b) For purposes of determining whether the cost accounting system 
of a rail carrier is in compliance with the rules promulgated by the 
Panel, the Panel shall have the right to examine and make copies of any 
documents, papers, or records of such rail carrier relating to 
compliance with such rules. Such documents, papers, and records (and 
any copies thereof) shall not be subject to the mandatory disclosure 
requirements of section 552 of title 5.

``Sec. 10963. Cost availability

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

``Sec. 10964. Accounting and cost reporting

  ``(a) To obtain expense and revenue information for regulatory 
purposes, the Panel may promulgate reasonable rules for rail carriers 
providing transportation subject to the jurisdiction of the Panel under 
this part, prescribing expense and revenue accounting and reporting 
requirements consistent with generally accepted accounting principles 
uniformly applied to such carriers. Such requirements shall be cost 
effective and compatible with and not duplicative of the managerial and 
responsibility accounting requirements of those carriers. To the extent 
such rules are required solely to provide expense and revenue 
information necessary for determining railroad costs in regulatory 
proceedings under this part, such rules shall be promulgated in 
accordance with the cost accounting principles established by the 
Railroad Accounting Principles Board.
  ``(b) Any reports required by the rules established by the Panel 
under this section shall include only information considered necessary 
for disclosure under the cost accounting principles established by the 
Board or under generally accepted accounting principles or the 
requirements of the Securities and Exchange Commission.

                         ``CHAPTER 111--FINANCE

        ``SUBCHAPTER I--EQUIPMENT TRUSTS AND SECURITY INTERESTS

``Sec.
``11101. Equipment trusts: recordation; evidence of indebtedness.

                     ``SUBCHAPTER II--COMBINATIONS

``11121. Scope of authority.
``11122. Limitation on pooling and division of transportation or 
earnings.
``11123. Consolidation, merger, and acquisition of control.
``11124. Consolidation, merger, and acquisition of control: conditions 
of approval.
``11125. Consolidation, merger, and acquisition of control: procedure.
``11126. Employee protective arrangements in transactions involving 
rail carriers.
``11127. Supplemental orders.

        ``SUBCHAPTER I--EQUIPMENT TRUSTS AND SECURITY INTERESTS

``Sec. 11101. Equipment trusts: recordation; evidence of indebtedness

  ``(a) A mortgage, lease equipment trust agreement, conditional sales 
agreement, or other instrument evidencing the mortgage, lease, 
conditional sale, or bailment of or security interest in railroad cars, 
locomotives, or other rolling stock, or accessories used on such 
railroad cars, locomotives, or other rolling stock (including 
superstructures and racks), intended for a use related to interstate 
commerce shall be filed with the Panel. An assignment of a right or 
interest under one of those instruments and an amendment to that 
instrument or assignment including a release, discharge, or 
satisfaction of any part of it shall also be filed with the Panel. The 
instrument, assignment, or amendment must be in writing, executed by 
the parties to it, and acknowledged or verified under Panel 
regulations. When filed under this section, that document is notice to, 
and enforceable against, all persons. A document filed under this 
section does not have to be filed, deposited, registered, or recorded 
under another law of the United States, a State (or its political 
subdivisions), or territory or possession of the United States, related 
to filing, deposit, registration, or recordation of those documents.
  ``(b) The Panel shall maintain a system for recording each document 
filed under subsection (a) of this section and mark each of them with a 
consecutive number and the date and hour of their recordation. The 
Panel shall maintain and keep open for public inspection an index of 
documents filed under that subsection. That index shall include the 
name and address of the principal debtors, trustees, guarantors, and 
other parties to those documents and may include other facts that will 
assist in determining the rights of the parties to those transactions.
  ``(c) The Panel shall to the greatest extent practicable perform its 
functions under this section through contracts with private sector 
entities.
  ``(d) The Panel shall assess user fees for services performed by the 
Panel or a contractor thereof under this section. Such fees may be used 
by the Panel to offset its costs, to the extent provided in advance in 
appropriations Acts.
  ``(e) A mortgage, lease, equipment trust agreement, conditional sales 
agreement, or other instrument evidencing the mortgage, lease, 
conditional sale, or bailment of or security interest in railroad cars, 
locomotives, or other rolling stock, or accessories used on such 
railroad cars, locomotives, or other rolling stock (including 
superstructures and racks), or any assignment thereof, which--
          ``(1) is duly constituted under the laws of a country other 
        than the United States; and
          ``(2) relates to property that bears the reporting marks and 
        identification numbers of any person domiciled in or 
        corporation organized under the laws of such country,
shall be recognized with the same effect as having been filed under 
this section.
  ``(f) Interests with respect to which documents are filed or 
recognized under this section are deemed perfected in all 
jurisdictions, and shall be governed by applicable State or foreign law 
in all matters not specifically governed by this section.

                     ``SUBCHAPTER II--COMBINATIONS

``Sec. 11121. Scope of authority

  ``(a) The authority of the Panel under this subchapter is exclusive. 
A rail carrier or corporation participating in or resulting from a 
transaction approved by or exempted by the Panel under this subchapter 
may carry out the transaction, own and operate property, and exercise 
control or franchises acquired through the transaction without the 
approval of a State authority. A rail carrier, corporation, or person 
participating in that approved or exempted transaction is exempt from 
the antitrust laws and from all other law, including State and 
municipal law, as necessary to let that rail carrier, corporation, or 
person carry out the transaction, hold, maintain, and operate property, 
and exercise control or franchises acquired through the transaction.
  ``(b) The requirement to obtain the approval or authorization of the 
Panel under this subchapter shall only apply to transactions involving 
at least one Class I rail carrier, and shall not apply to transactions 
described in section 10702.

``Sec. 11122. Limitation on pooling and division of transportation or 
                    earnings

  ``(a) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part may not agree or combine with 
another of those rail carriers to pool or divide traffic or services or 
any part of their earnings without the approval of the Panel under this 
section or section 10923 of this title. The Panel may approve and 
authorize the agreement or combination if the rail carriers involved 
assent to the pooling or division and the Panel finds that a pooling or 
division of traffic, services, or earnings--
          ``(1) will be in the interest of better service to the public 
        or of economy of operation; and
          ``(2) will not unreasonably restrain competition.
  ``(b) The Panel may impose conditions governing the pooling or 
division and may approve and authorize payment of a reasonable 
consideration between the rail carriers.
  ``(c) The Panel may begin a proceeding under this section on its own 
initiative or on application.

``Sec. 11123. Consolidation, merger, and acquisition of control

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

``Sec. 11124. Consolidation, merger, and acquisition of control: 
                    conditions of approval

  ``(a) The Panel may begin a proceeding to approve and authorize a 
transaction referred to in section 11123 of this title on application 
of the person seeking that authority. When an application is filed with 
the Panel, the Panel shall notify the chief executive officer of each 
State in which property of the rail carriers involved in the proposed 
transaction is located and shall notify those rail carriers. The Panel 
shall hold a public hearing unless the Panel determines that a public 
hearing is not necessary in the public interest.
  ``(b) In a proceeding under this section which involves the merger or 
control of at least two Class I railroads, as defined by the Panel, the 
Panel shall consider at least--
          ``(1) the effect of the proposed transaction on the adequacy 
        of transportation to the public;
          ``(2) the effect on the public interest of including, or 
        failing to include, other rail carriers in the area involved in 
        the proposed transaction;
          ``(3) the total fixed charges that result from the proposed 
        transaction;
          ``(4) the interest of rail carrier employees affected by the 
        proposed transaction; and
          ``(5) whether the proposed transaction would have an adverse 
        effect on competition among rail carriers in the affected 
        region or in the national rail system.
  ``(c) The Panel shall approve and authorize a transaction under this 
section when it finds the transaction is consistent with the public 
interest. The Panel may impose conditions governing the transaction, 
including the divestiture of parallel tracks or requiring the granting 
of trackage rights. Any trackage rights conditions imposed to alleviate 
anticompetitive effects of the transaction shall provide for 
compensation levels to ensure that such effects are alleviated. When 
the transaction contemplates a guaranty or assumption of payment of 
dividends or of fixed charges or will result in an increase of total 
fixed charges, the Panel may approve and authorize the transaction only 
if it finds that the guaranty, assumption, or increase is consistent 
with the public interest. The Panel may require inclusion of other rail 
carriers located in the area involved in the transaction if they apply 
for inclusion and the Panel finds their inclusion to be consistent with 
the public interest.
  ``(d) In a proceeding under this section which does not involve the 
merger or control of at least two Class I railroads, as defined by the 
Panel, the Panel shall approve such an application unless it finds 
that--
          ``(1) as a result of the transaction, there is likely to be 
        substantial lessening of competition, creation of a monopoly, 
        or restraint of trade in freight surface transportation in any 
        region of the United States; and
          ``(2) the anticompetitive effects of the transaction outweigh 
        the public interest in meeting significant transportation 
        needs.
In making such findings, the Panel shall, with respect to any 
application that is part of a plan or proposal developed under section 
333(a)-(d) of this title, accord substantial weight to any 
recommendations of the Secretary of Transportation.
  ``(e)(1) To the extent provided in this subsection, a proceeding 
under this subchapter relating to a transaction involving at least one 
Class I rail carrier shall not be considered an adjudication required 
by statute to be determined on the record after opportunity for an 
agency hearing, for the purposes of subchapter II of chapter 5 of title 
5, United States Code.
  ``(2) Ex parte communications, as defined in section 551(14) of title 
5, United States Code, shall be permitted in proceedings described in 
paragraph (1) of this subsection, subject to the requirements of 
paragraph (3) of this subsection.
  ``(3)(A) Any member or employee of the Panel who makes or receives a 
written ex parte communication concerning the merits of a proceeding 
described in paragraph (1) shall promptly place the communication in 
the public docket of the proceeding.
  ``(B) Any member or employee of the Panel who makes or receives an 
oral ex parte communication concerning the merits of a proceeding 
described in paragraph (1) shall promptly place a written summary of 
the oral communication in the public docket of the proceeding.
  ``(4) Nothing in this subsection shall be construed to require the 
Panel or any of its members or employees to engage in any ex parte 
communication with any person. Nothing in this subsection or any other 
law shall be construed to limit the authority of the members or 
employees of the Panel, in their discretion, to note in the docket or 
otherwise publicly the occurrence and substance of an ex parte 
communication.

``Sec. 11125. Consolidation, merger, and acquisition of control: 
                    procedure

  ``(a) The Panel shall publish notice of the application under section 
11124 in the Federal Register by the end of the 30th day after the 
application is filed with the Panel. However, if the application is 
incomplete, the Panel shall reject it by the end of that period. The 
order of rejection is a final action of the Panel. The published notice 
shall indicate whether the application involves--
          ``(1) the merger or control of at least two Class I 
        railroads, as defined by the Panel, to be decided within the 
        time limits specified in subsection (b) of this section;
          ``(2) transactions of regional or national transportation 
        significance, to be decided within the time limits specified in 
        subsection (c) of this section; or
          ``(3) any other transaction covered by this section, to be 
        decided within the time limits specified in subsection (d) of 
        this section.
  ``(b) If the application involves the merger or control of two or 
more Class I railroads, as defined by the Panel, the following 
conditions apply:
          ``(1) Written comments about an application may be filed with 
        the Panel within 45 days after notice of the application is 
        published under subsection (a) of this section. Copies of such 
        comments shall be served on the Attorney General, who may 
        decide to intervene as a party to the proceeding. That decision 
        must be made by the 15th day after the date of receipt of the 
        written comments, and if the decision is to intervene, 
        preliminary comments about the application must be sent to the 
        Panel by the end of the 15th day after the date of receipt of 
        the written comments.
          ``(2) The Panel shall require that applications inconsistent 
        with an application, notice of which was published under 
        subsection (a) of this section, and applications for inclusion 
        in the transaction, be filed with it by the 90th day after 
        publication of notice under that subsection.
          ``(3) The Panel must conclude evidentiary proceedings by the 
        end of the 6th month after the date of publication of notice 
        under subsection (a) of this section. The Panel must issue a 
        final decision by the 90th day after the date on which it 
        concludes the evidentiary proceedings.
  ``(c) If the application involves a transaction other than the merger 
or control of at least two Class I railroads, as defined by the Panel, 
which the Panel has determined to be of regional or national 
transportation significance, the following conditions apply:
          ``(1) Written comments about an application, including 
        comments of the Attorney General, may be filed with the Panel 
        within 30 days after notice of the application is published 
        under subsection (a) of this section.
          ``(2) The Panel shall require that applications inconsistent 
        with an application, notice of which was published under 
        subsection (a) of this section, and applications for inclusion 
        in the transaction, be filed with it by the 60th day after 
        publication of notice under that subsection.
          ``(3) The Panel must conclude any evidentiary proceedings by 
        the 125th day after the date of publication of notice under 
        subsection (a) of this section. The Panel must issue a final 
        decision by the 40th day after the date on which it concludes 
        the evidentiary proceedings.
  ``(d) For all applications under this section other than those 
specified in subsections (b) and (c) of this section, the following 
conditions apply:
          ``(1) Written comments about an application, including 
        comments of the Attorney General, may be filed with the Panel 
        within 30 days after notice of the application is published 
        under subsection (a) of this section.
          ``(2) The Panel must conclude any evidentiary proceedings by 
        the 105th day after the date of publication of notice under 
        subsection (a) of this section. The Panel must issue a final 
        decision by the 40th day after the date on which it concludes 
        the evidentiary proceedings.

``Sec. 11126. Employee protective arrangements in transactions 
                    involving rail carriers

  ``When approval is sought for a transaction under sections 11124 and 
11125 of this title, the Panel shall require the rail carrier to 
provide a fair arrangement at least as protective of the interests of 
employees who are affected by the transaction as the terms imposed 
under section 5(2)(f) of the Interstate Commerce Act before February 5, 
1976, and the terms established under section 24706(c) of this title. 
Notwithstanding this part, the arrangement may be made by the rail 
carrier and the authorized representative of its employees. The 
arrangement and the order approving the transaction must require that 
the employees of the affected rail carrier will not be in a worse 
position related to their employment as a result of the transaction 
during the 4 years following the effective date of the final action of 
the Panel (or if an employee was employed for a lesser period of time 
by the rail carrier before the action became effective, for that lesser 
period).

``Sec. 11127. Supplemental orders

  ``When cause exists, the Panel may make appropriate orders 
supplemental to an order made in a proceeding under sections 11122 
through 11126 of this title.

                 ``CHAPTER 113--FEDERAL-STATE RELATIONS

``Sec.
``11301. Tax discrimination against rail transportation property.
``11302. Withholding State and local income tax by rail carriers.

``Sec. 11301. Tax discrimination against rail transportation property

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

``Sec. 11302. Withholding State and local income tax by rail carriers

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

    ``CHAPTER 115--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

``Sec.
``11501. General authority.
``11502. Enforcement by the Panel.
``11503. Enforcement by the Attorney General.
``11504. Rights and remedies of persons injured by rail carriers.
``11505. Limitation on actions by and against rail carriers.
``11506. Liability of rail carriers under receipts and bills of lading.

``Sec. 11501. General authority

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

``Sec. 11502. Enforcement by the Panel

  ``The Panel may bring a civil action--
          ``(1) to enjoin a rail carrier from violating sections 10701 
        through 10706 of this title, or a regulation prescribed or 
        order or certificate issued under any of those sections;
          ``(2) to enforce subchapter II of chapter 111 of this title 
        and to compel compliance with the order of the Panel under that 
        subchapter; and
          ``(3) to enforce an order of the Panel, except a civil action 
        to enforce an order for the payment of money, when it is 
        violated by a rail carrier providing transportation subject to 
        the jurisdiction of the Panel under this part.

``Sec. 11503. Enforcement by the Attorney General

  ``The Attorney General may, and on request of the Panel shall, bring 
court proceedings to enforce this part, or a regulation or order of the 
Panel or certificate or permit issued under this part, and to prosecute 
a person violating this part or a regulation or order of the Panel or 
certificate or permit issued under this part.

``Sec. 11504. Rights and remedies of persons injured by rail carriers

  ``(a) A person injured because a rail carrier providing 
transportation or service subject to the jurisdiction of the Panel 
under this part does not obey an order of the Panel, except an order 
for the payment of money, may bring a civil action to enforce that 
order under this subsection.
  ``(b) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part is liable for damages 
sustained by a person as a result of an act or omission of that carrier 
in violation of this part.
  ``(c)(1) A person may file a complaint with the Panel under section 
11501(b) of this title or bring a civil action under subsection (b) of 
this section to enforce liability against a rail carrier providing 
transportation subject to the jurisdiction of the Panel under this 
part.
  ``(2) When the Panel makes an award under subsection (b) of this 
section, the Panel shall order the rail carrier to pay the amount 
awarded by a specific date. The Panel may order a rail carrier 
providing transportation subject to the jurisdiction of the Panel under 
this part to pay damages only when the proceeding is on complaint. The 
person for whose benefit an order of the Panel requiring the payment of 
money is made may bring a civil action to enforce that order under this 
paragraph if the rail carrier does not pay the amount awarded by the 
date payment was ordered to be made.
  ``(d)(1) When a person begins a civil action under subsection (b) of 
this section to enforce an order of the Panel requiring the payment of 
damages by a rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part, the text of the order of the 
Panel must be included in the complaint. In addition to the district 
courts of the United States, a State court of general jurisdiction 
having jurisdiction of the parties has jurisdiction to enforce an order 
under this paragraph. The findings and order of the Panel are competent 
evidence of the facts stated in them. Trial in a civil action brought 
in a district court of the United States under this paragraph is in the 
judicial district--
          ``(A) in which the plaintiff resides;
          ``(B) in which the principal operating office of the rail 
        carrier is located; or
          ``(C) through which the railroad line of that carrier runs.
In a civil action under this paragraph, the plaintiff is liable for 
only those costs that accrue on an appeal taken by the plaintiff.
  ``(2) All parties in whose favor the award was made may be joined as 
plaintiffs in a civil action brought in a district court of the United 
States under this subsection and all the rail carriers that are parties 
to the order awarding damages may be joined as defendants. Trial in the 
action is in the judicial district in which any one of the plaintiffs 
could bring the action against any one of the defendants. Process may 
be served on a defendant at its principal operating office when that 
defendant is not in the district in which the action is brought. A 
judgment ordering recovery may be made in favor of any of those 
plaintiffs against the defendant found to be liable to that plaintiff.
  ``(3) The district court shall award a reasonable attorney's fee as a 
part of the damages for which a rail carrier is found liable under this 
subsection. The district court shall tax and collect that fee as a part 
of the costs of the action.

``Sec. 11505. Limitation on actions by and against rail carriers

  ``(a) A rail carrier providing transportation or service subject to 
the jurisdiction of the Panel under this part must begin a civil action 
to recover charges for transportation or service provided by the 
carrier within 3 years after the claim accrues.
  ``(b) A person must file a complaint with the Panel to recover 
damages under section 11504(b) of this title within 2 years after the 
claim accrues.
  ``(c) The limitation period under subsection (b) of this section is 
extended for 6 months from the time written notice is given to the 
claimant by the rail carrier of disallowance of any part of the claim 
specified in the notice if a written claim is given to the rail carrier 
within that limitation period. The limitation period under subsection 
(b) of this section is extended for 90 days from the time the rail 
carrier begins a civil action under subsection (a) of this section to 
recover charges related to the same transportation or service, or 
collects (without beginning a civil action under that subsection) the 
charge for that transportation or service if that action is begun or 
collection is made within the appropriate period.
  ``(d) A person must begin a civil action to enforce an order of the 
Panel against a rail carrier for the payment of money within one year 
after the date the order required the money to be paid.
  ``(e) This section applies to transportation for the United States 
Government. The time limitations under this section are extended, as 
related to transportation for or on behalf of the United States 
Government, for 3 years from the date of--
          ``(1) payment of the rate for the transportation or service 
        involved;
          ``(2) subsequent refund for overpayment of that rate; or
          ``(3) deduction made under section 3726 of title 31, 
        whichever is later.
  ``(f) A claim related to a shipment of property accrues under this 
section on delivery or tender of delivery by the rail carrier.

Sec. 11506. Liability of rail carriers under receipts and bills of 
                    lading

  ``(a) A rail carrier providing transportation or service subject to 
the jurisdiction of the Panel under this part shall issue a receipt or 
bill of lading for property it receives for transportation under this 
part. That rail carrier and any other rail carrier that delivers the 
property and is providing transportation or service subject to the 
jurisdiction of the Panel under this part are liable to the person 
entitled to recover under the receipt or bill of lading. The liability 
imposed under this subsection is for the actual loss or injury to the 
property caused by--
          ``(1) the receiving rail carrier;
          ``(2) the delivering rail carrier; or
          ``(3) another rail carrier over whose line or route the 
        property is transported in the United States or from a place in 
        the United States to a place in an adjacent foreign country 
        when transported under a through bill of lading.
Failure to issue a receipt or bill of lading does not affect the 
liability of a rail carrier. A delivering rail carrier is deemed to be 
the rail carrier performing the line-haul transportation nearest the 
destination but does not include a rail carrier providing only a 
switching service at the destination.
  ``(b) The rail carrier issuing the receipt or bill of lading under 
subsection (a) of this section or delivering the property for which the 
receipt or bill of lading was issued is entitled to recover from the 
rail carrier over whose line or route the loss or injury occurred the 
amount required to be paid to the owners of the property, as evidenced 
by a receipt, judgment, or transcript, and the amount of its expenses 
reasonably incurred in defending a civil action brought by that person.
  ``(c)(1) A rail carrier may not limit or be exempt from liability 
imposed under subsection ``(a) of this section except as provided in 
this subsection. A limitation of liability or of the amount of recovery 
or representation or agreement in a receipt, bill of lading, contract, 
or rule in violation of this section is void.
  ``(2) A rail carrier of passengers may limit its liability under its 
passenger rate for loss or injury of baggage carried on trains carrying 
passengers.
  ``(3) A rail carrier providing transportation or service subject to 
the jurisdiction of the Panel under this part may establish rates for 
transportation of property under which--
          ``(A) the liability of the rail carrier for such property is 
        limited to a value established by written declaration of the 
        shipper or by a written agreement between the shipper and the 
        carrier; or
          ``(B) specified amounts are deducted, pursuant to a written 
        agreement between the shipper and the carrier, from any claim 
        against the carrier with respect to the transportation of such 
        property.
  ``(d)(1) A civil action under this section may be brought in a 
district court of the United States or in a State court.
  ``(2)(A) A civil action under this section may only be brought--
          ``(i) against the originating rail carrier, in the judicial 
        district in which the point of origin is located;
          ``(ii) against the delivering rail carrier, in the judicial 
        district in which the principal place of business of the person 
        bringing the action is located if the delivering carrier 
        operates a railroad or a route through such judicial district, 
        or in the judicial district in which the point of destination 
        is located; and
          ``(iii) against the carrier alleged to have caused the loss 
        or damage, in the judicial district in which such loss or 
        damage is alleged to have occurred.
  ``(B) In this section, `judicial district' means (i) in the case of a 
United States district court, a judicial district of the United States, 
and (ii) in the case of a State court, the applicable geographic area 
over which such court exercises jurisdiction.
  ``(e) A rail carrier may not provide by rule, contract, or otherwise, 
a period of less than 9 months for filing a claim against it under this 
section and a period of less than 2 years for bringing a civil action 
against it under this section. The period for bringing a civil action 
is computed from the date the carrier gives a person written notice 
that the carrier has disallowed any part of the claim specified in the 
notice. For the purposes of this subsection--
          ``(1) an offer of compromise shall not constitute a 
        disallowance of any part of the claim unless the carrier, in 
        writing, informs the claimant that such part of the claim is 
        disallowed and provides reasons for such disallowance; and
          ``(2) communications received from a carrier's insurer shall 
        not constitute a disallowance of any part of the claim unless 
        the insurer, in writing, informs the claimant that such part of 
        the claim is disallowed, provides reasons for such 
        disallowance, and informs the claimant that the insurer is 
        acting on behalf of the carrier.

              ``CHAPTER 117--CIVIL AND CRIMINAL PENALTIES

``Sec.
``11701. General civil penalties.
``11702. Interference with railroad car supply.
``11703. Record keeping and reporting violations.
``11704. Unlawful disclosure of information.
``11705. Disobedience to subpoenas.
``11706. General criminal penalty when specific penalty not provided.
``11707. Punishment of corporation for violations committed by certain 
individuals.

Sec. ``11701. General civil penalties

  ``(a) Except as otherwise provided in this section, a rail carrier 
providing transportation subject to the jurisdiction of the Panel under 
this part, an officer or agent of that rail carrier, or a receiver, 
trustee, lessee, or agent of one of them, knowingly violating an order 
of the Panel under this part is liable to the United States Government 
for a civil penalty of $5,000 for each violation. Liability under this 
subsection is incurred for each distinct violation. A separate 
violation occurs for each day the violation continues.
  ``(b) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part, or a receiver or trustee of 
that rail carrier, violating a regulation or order of the Panel under 
section 10924(a)(2) or (b) of this title is liable to the United States 
Government for a civil penalty of $500 for each violation and for $25 
for each day the violation continues.
  ``(c) A person knowingly authorizing, consenting to, or permitting a 
violation of sections 10701 through 10706 of this title or of a 
requirement or a regulation under any of those sections, is liable to 
the United States Government for a civil penalty of not more than 
$5,000.
  ``(d) A rail carrier, receiver, or operating trustee violating an 
order or direction of the Panel under section 10923 or 10924(a)(1) of 
this title is liable to the United States Government for a civil 
penalty of at least $100 but not more than $500 for each violation and 
for $50 for each day the violation continues.
  ``(e)(1) A person required under subchapter III of chapter 109 of 
this title to make, prepare, preserve, or submit to the Panel a record 
concerning transportation subject to the jurisdiction of the Panel 
under this part that does not make, prepare, preserve, or submit that 
record as required under that subchapter, is liable to the United 
States Government for a civil penalty of $500 for each violation.
  ``(2) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part, and a lessor, receiver, or 
trustee of that rail carrier, violating section 10944(b)(1) of this 
title, is liable to the United States Government for a civil penalty of 
$100 for each violation.
  ``(3) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part, a lessor, receiver, or 
trustee of that rail carrier, a person furnishing cars, and an officer, 
agent, or employee of one of them, required to make a report to the 
Panel or answer a question that does not make the report or does not 
specifically, completely, and truthfully answer the question, is liable 
to the United States Government for a civil penalty of $100 for each 
violation.
  ``(4) A separate violation occurs for each day violation under this 
subsection continues.
  ``(f) Trial in a civil action under subsections (a) through (e) of 
this section is in the judicial district in which the rail carrier has 
its principal operating office or in a district through which the 
railroad of the rail carrier runs.

``Sec. 11702. Interference with railroad car supply

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

``Sec. 11703. Record keeping and reporting violations

  ``A person required to make a report to the Panel, or make, prepare, 
or preserve a record, under subchapter III of chapter 109 of this title 
about transportation subject to the jurisdiction of the Panel under 
this part that knowingly and willfully--
          ``(1) makes a false entry in the report or record;
          ``(2) destroys, mutilates, changes, or by another means 
        falsifies the record;
          ``(3) does not enter business related facts and transactions 
        in the record;
          ``(4) makes, prepares, or preserves the record in violation 
        of a regulation or order of the Panel; or
          ``(5) files a false report or record with the Panel,
shall be fined not more than $5,000, imprisoned for not more than 2 
years, or both.

``Sec. 11704. Unlawful disclosure of information

  ``(a) A--
          ``(1) rail carrier providing transportation subject to the 
        jurisdiction of the Panel under this part, or an officer, 
        agent, or employee of that rail carrier, or another person 
        authorized to receive information from that rail carrier, that 
        knowingly discloses to another person, except the shipper or 
        consignee; or
          ``(2) a person who solicits or knowingly receives,
information described in subsection (b) without the consent of the 
shipper or consignee shall be fined not more than $1,000.
  ``(b) The information referred to in subsection (a) is information 
about the nature, kind, quantity, destination, consignee, or routing of 
property tendered or delivered to that rail carrier for transportation 
provided under this part, or information about the contents of a 
contract authorized under section 10509 of this title, that may be used 
to the detriment of the shipper or consignee or may disclose 
improperly, to a competitor, the business transactions of the shipper 
or consignee.
  ``(c) This part does not prevent a rail carrier or broker providing 
transportation subject to the jurisdiction of the Panel under this part 
from giving information--
          ``(1) in response to legal process issued under authority of 
        a court of the United States or a State;
          ``(2) to an officer, employee, or agent of the United States 
        Government, a State, or a territory or possession of the United 
        States; or
          ``(3) to another rail carrier or its agent to adjust mutual 
        traffic accounts in the ordinary course of business.
  ``(d) An employee of the Panel delegated to make an inspection or 
examination under section 10944 of this title who knowingly discloses 
information acquired during that inspection or examination, except as 
directed by the Panel, a court, or a judge of that court, shall be 
fined not more than $500, imprisoned for not more than 6 months, or 
both.
  ``(e) A person that knowingly discloses confidential data made 
available to such person under section 10963 of this title by a rail 
carrier providing transportation subject to the jurisdiction of the 
Panel under this part shall be fined not more than $50,000.

``Sec. 11705. Disobedience to subpoenas

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

``Sec. 11706. General criminal penalty when specific penalty not 
                    provided

  ``When another criminal penalty is not provided under this chapter, a 
rail carrier providing transportation subject to the jurisdiction of 
the Panel under this part, and when that rail carrier is a corporation, 
a director or officer of the corporation, or a receiver, trustee, 
lessee, or person acting for or employed by the corporation that, alone 
or with another person, willfully violates this part or an order 
prescribed under this part, shall be fined not more than $5,000. 
However, if the violation is for discrimination in rates charged for 
transportation, the person may be imprisoned for not more than 2 years 
in addition to being fined under this section. A separate violation 
occurs each day a violation of section 11122 of this title continues.

``Sec. 11707. Punishment of corporation for violations committed by 
                    certain individuals

  ``An act or omission that would be a violation of this part if 
committed by a director, officer, receiver, trustee, lessee, agent, or 
employee of a rail carrier providing transportation or service subject 
to the jurisdiction of the Panel under this part that is a corporation 
is also a violation of this part by that corporation. The penalties of 
this chapter apply to that violation. When acting in the scope of their 
employment, the actions and omissions of individuals acting for or 
employed by that rail carrier are considered to be the actions and 
omissions of that rail carrier as well as that individual.''.
    (b) Conforming Amendment.--The item relating to subtitle IV in the 
table of subtitles of title 49, United States Code, is amended by 
striking ``Commerce'' and inserting in lieu thereof ``Transportation''.

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

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

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

                   ``CHAPTER 131--GENERAL PROVISIONS

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

``Sec. 13101. Transportation policy

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

``Sec. 13102. Definitions

  ``In this part, the following definitions shall apply:
          ``(1) Broker.--The term `broker' means a person, other than a 
        motor carrier or an employee or agent of a motor carrier, that 
        as a principal or agent sells, offers for sale, negotiates for, 
        or holds itself out by solicitation, advertisement, or 
        otherwise as selling, providing, or arranging for, 
        transportation by motor carrier for compensation.
          ``(2) Carrier.--The term `carrier' means a motor carrier, a 
        water carrier, and a freight forwarder, and, for purposes of 
        sections 13902, 13905, and 13906, the term includes foreign 
        motor carriers and foreign motor private carriers.
          ``(3) Contract carriage.--The term `contract carriage' 
        means--
                  ``(A) for transportation provided before the 
                effective date of this section, service provided 
                pursuant to a permit issued under section 10923, as in 
                effect on the day before the effective date of this 
                section; and
                  ``(B) for transportation provided on or after such 
                date, service provided under an agreement entered into 
                under section 14101(b).
          ``(4) Control.--The term `control', when referring to a 
        relationship between persons, includes actual control, legal 
        control, and the power to exercise control, through or by--
                  ``(A) common directors, officers, stockholders, a 
                voting trust, or a holding or investment company, or
                  ``(B) any other means.
          ``(5) Foreign motor carrier.--The term `foreign motor 
        carrier' means a person `(including a motor carrier of property 
        but excluding a motor private carrier)--
                  ``(A)(i) that is domiciled in a contiguous foreign 
                country; or
                  ``(ii) that is owned or controlled by persons of a 
                contiguous foreign country; and
                  ``(B) in the case of a person that is not a motor 
                carrier of property, that provides interstate 
                transportation of property by motor vehicle under an 
                agreement or contract entered into with a motor carrier 
                of property `(other than a motor private carrier or a 
                motor carrier of property described in subparagraph 
                `(A)).
          ``(6) Foreign motor private carrier.--The term `foreign motor 
        private carrier' means a person `(including a motor private 
        carrier but excluding a motor carrier of property)--
                  ``(A)(i) that is domiciled in a contiguous foreign 
                country; or
                  ``(ii) that is owned or controlled by persons of a 
                contiguous foreign country; and
                  ``(B) in the case of a person that is not a motor 
                private carrier, that provides interstate 
                transportation of property by motor vehicle under an 
                agreement or contract entered into with a person (other 
                than a motor carrier of property or a motor private 
                carrier described in subparagraph (A)).
          ``(7) Freight forwarder.--The term `freight forwarder' means 
        a person holding itself out to the general public (other than 
        as a pipeline, rail, motor, or water carrier) to provide 
        transportation of property for compensation and in the ordinary 
        course of its business--
                  ``(A) assembles and consolidates, or provides for 
                assembling and consolidating, shipments and performs or 
                provides for break-bulk and distribution operations of 
                the shipments;
                  ``(B) assumes responsibility for the transportation 
                from the place of receipt to the place of destination; 
                and
                  ``(C) uses for any part of the transportation a 
                carrier subject to jurisdiction under this part.
        The term does not include a person using transportation of an 
        air carrier subject to part A of subtitle VII.
          ``(8) Highway.--The term `highway' means a road, highway, 
        street, and way in a State.
          ``(9) Household goods.--The term `household goods', as used 
        in connection with transportation, means personal effects and 
        property used or to be used in a dwelling, when a part of the 
        equipment or supply of such dwelling, and similar property if 
        the transportation of such effects or property is--
                  ``(A) arranged and paid for by the householder, 
                including transportation of property from a factory or 
                store when the property is purchased by the householder 
                with intent to use in his or her dwelling, or
                  ``(B) arranged and paid for by another party.
          ``(10) Household goods freight forwarder.--The term 
        `household goods freight forwarder' means a freight forwarder 
        of one or more of the following items: household goods, 
        unaccompanied baggage, or used automobiles.
          ``(11) Motor carrier.--The term `motor carrier' means a 
        person providing motor vehicle transportation for compensation.
          ``(12) Motor private carrier.--The term `motor private 
        carrier' means a person, other than a motor carrier, 
        transporting property by motor vehicle when--
                  ``(A) the transportation is as provided in section 
                13501 of this title;
                  ``(B) the person is the owner, lessee, or bailee of 
                the property being transported; and
                  ``(C) the property is being transported for sale, 
                lease, rent, or bailment or to further a commercial 
                enterprise.
          ``(13) Motor vehicle.--The term `motor vehicle' means a 
        vehicle, machine, tractor, trailer, or semitrailer propelled or 
        drawn by mechanical power and used on a highway in 
        transportation, or a combination determined by the Secretary, 
        but does not include a vehicle, locomotive, or car operated 
        only on a rail, or a trolley bus operated by electric power 
        from a fixed overhead wire, and providing local passenger 
        transportation similar to street-railway service.
          ``(14) Noncontiguous domestic trade.--The term `noncontiguous 
        domestic trade' means transportation subject to jurisdiction 
        under chapter 135 involving traffic originating in or destined 
        to Alaska, Hawaii, or a territory or possession of the United 
        States.
          ``(15) Panel.--The term `Panel' means the Transportation 
        Adjudication Panel.
          ``(16) Person.--The term `person', in addition to its meaning 
        under section 1 of title 1, includes a trustee, receiver, 
        assignee, or personal representative of a person.
          ``(17) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
          ``(18) State.--The term `State' means the 50 States of the 
        United States and the District of Columbia.
          ``(19) Transportation.--The term `transportation' includes--
                  ``(A) a motor vehicle, vessel, warehouse, wharf, 
                pier, dock, yard, property, facility, instrumentality, 
                or equipment of any kind related to the movement of 
                passengers or property, or both, regardless of 
                ownership or an agreement concerning use; and
                  ``(B) services related to that movement, including 
                receipt, delivery, elevation, transfer in transit, 
                refrigeration, icing, ventilation, storage, handling, 
                and interchange of passengers and property.
          ``(20) United states.--The term `United States' means the 
        States of the United States and the District of Columbia.
          ``(21) Vessel.--The term `vessel' means a watercraft or other 
        artificial contrivance that is used, is capable of being used, 
        or is intended to be used, as a means of transportation by 
        water.
          ``(22) Water carrier.--The term `water carrier' means a 
        person providing water transportation for compensation.

``Sec. 13103. Remedies as cumulative

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

                ``CHAPTER 133--ADMINISTRATIVE PROVISIONS

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

``Sec. 13301. Powers

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

``Sec. 13302. Intervention

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

Sec. 13303. Service of notice in proceedings

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

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

  ``(a) Designation of Agent.--A motor carrier or broker providing 
transportation subject to jurisdiction under chapter 135 of this title, 
including a motor carrier or broker operating within the United States 
while providing transportation between places in a foreign country or 
between a place in one foreign country and a place in another foreign 
country, shall designate an agent in each State in which it operates by 
name and post office address on whom process issued by a court with 
subject matter jurisdiction may be served in an action brought against 
that carrier or broker. The designation shall be in writing and filed 
with the Department of Transportation. If a designation under this 
subsection is not made, service may be made on any agent of the carrier 
or broker within that State.
  ``(b) Change.--A designation under this section may be changed at any 
time in the same manner as originally made.

                      ``CHAPTER 135--JURISDICTION

              ``SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

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

             ``SUBCHAPTER II--WATER CARRIER TRANSPORTATION

``13521. General jurisdiction.

              ``SUBCHAPTER III--FREIGHT FORWARDER SERVICE

``13531. General jurisdiction.

                  ``SUBCHAPTER IV--AUTHORITY TO EXEMPT

``13541. Authority to exempt transportation or services.

              ``SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

``Sec. 13501. General jurisdiction

  ``The Secretary and the Panel shall have jurisdiction, as specified 
in this part, over transportation by motor carrier and the procurement 
of that transportation, to the extent that passengers, property, or 
both, are transported by motor carrier--
          ``(1) between a place in--
                  ``(A) a State and a place in another State;
                  ``(B) a State and another place in the same State 
                through another State;
                  ``(C) the United States and a place in a territory or 
                possession of the United States to the extent the 
                transportation is in the United States;
                  ``(D) the United States and another place in the 
                United States through a foreign country to the extent 
                the transportation is in the United States; or
                  ``(E) the United States and a place in a foreign 
                country to the extent the transportation is in the 
                United States; and
          ``(2) in a reservation under the exclusive jurisdiction of 
        the United States or on a public highway.

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

  ``To the extent that transportation by a motor carrier between a 
place in Alaska and a place in another State under section 13501 is 
provided in a foreign country--
          ``(1) neither the Secretary nor the Panel has jurisdiction to 
        impose a requirement over conduct of the motor carrier in the 
        foreign country conflicting with a requirement of that country; 
        but
          ``(2) the motor carrier, as a condition of providing 
        transportation in the United States, shall comply, with respect 
        to all transportation provided between Alaska and the other 
        State, with the requirements of this part related to rates and 
        practices applicable to the transportation.

``Sec. 13503. Exempt motor vehicle transportation in terminal areas

  ``(a) Transportation by Carriers.--
          ``(1) In general.--Neither the Secretary nor the Panel has 
        jurisdiction under this subchapter over transportation by motor 
        vehicle provided in a terminal area when the transportation--
                  ``(A) is a transfer, collection, or delivery;
                  ``(B) is provided by--
                          ``(i) a rail carrier subject to jurisdiction 
                        under chapter 105;
                          ``(ii) a water carrier subject to 
                        jurisdiction under subchapter II of this 
                        chapter; or
                          ``(iii) a freight forwarder subject to 
                        jurisdiction under subchapter III of this 
                        chapter; and
                  ``(C) is incidental to transportation or service 
                provided by the carrier or freight forwarder that is 
                subject to jurisdiction under chapter 105 of this title 
                or under subchapter II or III of this chapter.
          ``(2) Applicability of other provisions.--Transportation 
        exempt from jurisdiction under paragraph (1) of this subsection 
        is subject to jurisdiction under chapter 105 when provided by 
        such a rail carrier, under subchapter II of this chapter when 
        provided by such a water carrier, and under subchapter III of 
        this chapter when provided by such a freight forwarder.
  ``(b) Transportation by Agent.--
          ``(1) In general.--Except to the extent provided by paragraph 
        (2) of this subsection, neither the Secretary nor the Panel has 
        jurisdiction under this subchapter over transportation by motor 
        vehicle provided in a terminal area when the transportation--
                  ``(A) is a transfer, collection, or delivery; and
                  ``(B) is provided by a person as an agent or under 
                other arrangement for--
                          ``(i) a rail carrier subject to jurisdiction 
                        under chapter 105 of this title;
                          ``(ii) a motor carrier subject to 
                        jurisdiction under this subchapter;
                          (iii) a water carrier subject to jurisdiction 
                        under subchapter II of this chapter; or
                          ``(iv) a freight forwarder subject to 
                        jurisdiction under subchapter III of this 
                        chapter.
          ``(2) Treatment of transportation by principal.--
        Transportation exempt from jurisdiction under paragraph (1) of 
        this subsection is considered transportation provided by the 
        carrier or service provided by the freight forwarder for whom 
        the transportation was provided and is subject to jurisdiction 
        under chapter 105 of this title when provided for such a rail 
        carrier, under this subchapter when provided for such a motor 
        carrier, under subchapter II of this chapter when provided for 
        such a water carrier, and under subchapter III of this chapter 
        when provided for such a freight forwarder.

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

  ``Neither the Secretary nor the Panel has jurisdiction under this 
subchapter over transportation, except transportation of household 
goods, by a motor carrier operating solely within the State of Hawaii. 
The State of Hawaii may regulate transportation exempt from 
jurisdiction under this section and, to the extent provided by a motor 
carrier operating solely within the State of Hawaii, transportation 
exempt under section 13503 of this title.

``Sec. 13505. Transportation furthering a primary business

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

``Sec. 13506. Miscellaneous motor carrier transportation exemptions

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

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

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

``Sec. 13508. Limited authority over cooperative associations

  ``(a) In General.--Notwithstanding section 13506(a)(5), any 
cooperative association (as defined by section 15(a) of the 
Agricultural Marketing Act (12 U.S.C. 1141j(a))) or a federation of 
cooperative associations shall prepare and maintain such records 
relating to transportation provided by such association or federation, 
in such form as the Secretary or the Panel may require by regulation to 
carry out the provisions of such section 13506(a)(5). The Secretary or 
the Panel, or an employee designated by the Secretary or the Panel, may 
on demand and display of proper credentials--
          ``(1) inspect and examine the lands, buildings, and equipment 
        of such association or federation; and
          ``(2) inspect and copy any record of such association or 
        federation.
  ``(b) Reports.--Notwithstanding section 13506(a)(5), the Secretary or 
the Panel may require a cooperative association or federation of 
cooperative associations described in subsection (a) of this section to 
file reports with the Secretary or the Panel containing answers to 
questions about transportation provided by such association or 
federation.
  ``(c) Enforcement.--The Secretary or the Panel may bring a civil 
action to enforce subsections (a) and (b) of this section or a 
regulation or order of the Secretary or the Panel issued under this 
section, when violated by a cooperative association or federation of 
cooperative associations described in subsection (a).
  ``(d) Reporting Penalties.--
          ``(1) In general.--A person required to make a report to the 
        Secretary or the Panel, answer a question, or maintain a record 
        under this section, or an officer, agent, or employee of that 
        person, that--
                  ``(A) does not make the report;
                  ``(B) does not specifically, completely, and 
                truthfully answer the question; or
                  ``(C) does not maintain the record in the form and 
                manner prescribed under this section;
        is liable to the United States Government for a civil penalty 
        of not more than $500 for each violation and for not more than 
        $250 for each additional day the violation continues.
          ``(2) Venue.--Trial in a civil action under paragraph (1) 
        shall be in the judicial district in which--
                  ``(A) the cooperative association or federation of 
                cooperative associations has its principal office;
                  ``(B) the violation occurred; or
                  ``(C) the offender is found.
        Process in the action may be served in the judicial district of 
        which the offender is an inhabitant or in which the offender 
        may be found.
  ``(e) Evasion Penalties.--A person, or an officer, employee, or agent 
of that person, that by any means knowingly and willfully tries to 
evade compliance with the provisions of this section shall be fined at 
least $200 but not more than $500 for the first violation and at least 
$250 but not more than $2,000 for a subsequent violation.
  ``(f) Recordkeeping Penalties.--A person required to make a report, 
answer a question, or maintain a record under this section, or an 
officer, agent, or employee of that person, that--
          ``(1) willfully does not make that report;
          ``(2) willfully does not specifically, completely, and 
        truthfully answer that question in 30 days from the date that 
        the question is required to be answered;
          ``(3) willfully does not maintain that record in the form and 
        manner prescribed;
          ``(4) knowingly and willfully falsifies, destroys, mutilates, 
        or changes that report or record;
          ``(5) knowingly and willfully files a false report or record 
        under this section;
          ``(6) knowingly and willfully makes a false or incomplete 
        entry in that record about a business-related fact or 
        transaction; or
          ``(7) knowingly and willfully maintains a record in violation 
        of a regulation or order issued under this section;
shall be fined not more than $5,000.

             ``SUBCHAPTER II--WATER CARRIER TRANSPORTATION

``Sec. 13521. General jurisdiction

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

              ``SUBCHAPTER III--FREIGHT FORWARDER SERVICE

``Sec. 13531. General jurisdiction

  ``(a) In General.--The Secretary and the Panel have jurisdiction, as 
specified in this part, over service that a freight forwarder 
undertakes to provide, or is authorized or required under this part to 
provide, to the extent transportation is provided in the United States 
and is between--
          ``(1) a place in a State and a place in another State, even 
        if part of the transportation is outside the United States;
          ``(2) a place in a State and another place in the same State 
        through a place outside the State; or
          ``(3) a place in the United States and a place outside the 
        United States.
  ``(b) Exemption of Certain Air Carrier Service.--Neither the 
Secretary nor the Panel has jurisdiction under subsection (a) of this 
section over service undertaken by a freight forwarder using 
transportation of an air carrier subject to part A of subtitle VII of 
this title.

                  ``SUBCHAPTER IV--AUTHORITY TO EXEMPT

``Sec. 13541. Authority to exempt transportation or services

  ``(a) In General.--In any matter subject to jurisdiction under this 
part, the Secretary or the Panel, as applicable, shall exempt a person, 
class of persons, or a transaction or service from the application of a 
provision of this part, or use this exemption authority to modify the 
application of a provision of this part as it applies to such person, 
class, transaction, or service, when the Secretary or Panel finds that 
the application of that provision in whole or in part--
          ``(1) is not necessary to carry out the transportation policy 
        of section 13101;
          ``(2) is not needed to protect shippers from the abuse of 
        market power or that the transaction or service is of limited 
        scope; and
          ``(3) is in the public interest.
  ``(b) Initiation of Proceeding.--The Secretary or Panel, as 
applicable, may, where appropriate, begin a proceeding under this 
section on the Secretary's or Panel's own initiative or on application 
by an interested party.
  ``(c) Period of Exemption.--The Secretary or Panel, as applicable, 
may specify the period of time during which an exemption granted under 
this section is effective.
  ``(d) Revocation.--The Secretary or Panel, as applicable, may revoke 
an exemption, to the extent specified, on finding that application of a 
provision of this part to the person, class, or transportation is 
necessary to carry out the transportation policy of section 13101.
  ``(e) Limitations.--The exemption authority under this section may 
not be used to relieve a person from the application of, and compliance 
with, any law, rule, regulation, standard, or order pertaining to cargo 
loss and damage, insurance, safety fitness, or activities approved 
under section 13703 or not terminated under section 13907(d)(2).

                ``CHAPTER 137--RATES AND THROUGH ROUTES

``Sec.
``13701. Requirements for reasonable rates, classifications, through 
routes, rules, and practices for certain transportation.
``13702. Tariff requirement for certain transportation.
``13703. Certain collective activities; exemption from antitrust laws.
``13704. Household goods rates--estimates; guarantees of service.
``13705. Requirements for through routes among motor carriers of 
passengers.
``13706. Liability for payment of rates.
``13707. Billing and collecting practices.
``13708. Procedures for resolving claims involving unfiled, negotiated 
transportation rates.
``13709. Additional motor carrier undercharge provisions.
``13710. Alternative procedure for resolving undercharge disputes.
``13711. Government traffic.
``13712. Food and grocery transportation.

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

  ``(a) Reasonableness.--
          ``(1) Certain household goods transportation; joint rates 
        involving water transportation.--A rate, classification, rule, 
        or practice related to transportation or service provided by a 
        carrier subject to jurisdiction under chapter 135 for 
        transportation or service involving--
                  ``(A) a movement of household goods described in 
                section 13102(9)(A), or
                  ``(B) a rate for a movement by or with a water 
                carrier in noncontiguous domestic trade,
        must be reasonable.
          ``(2) Through routes and divisions of joint rates.--Through 
        routes and divisions of joint rates for such transportation or 
        service must be reasonable.
  ``(b) Prescription by Panel for Violations.--When the Panel finds it 
necessary to stop or prevent a violation of subsection (a), the Panel 
shall prescribe the rate, classification, rule, practice, through 
route, or division of joint rates to be applied for such transportation 
or service.
  ``(c) Zone of Reasonableness.--
          ``(1) In general.--For purposes of this section, a rate or 
        division of a carrier for service in noncontiguous domestic 
        trade is reasonable if the aggregate of increases and decreases 
        in any such rate or division is not more than 10 percent above, 
        or more than 10 percent below, the rate or division in effect 1 
        year before the effective date of the proposed rate or 
        division.
          ```(2) Adjustments to the zone.--The percentage specified in 
        paragraph (1) shall be increased or decreased, as the case may 
        be, by the percentage change in the Producers Price Index, as 
        published by the Department of Labor, that has occurred during 
        the most recent 1-year period before the date the rate or 
        division in question first took effect.

``Sec. 13702. Tariff requirement for certain transportation

  ``(a) In General.--A carrier subject to jurisdiction under chapter 
135 may provide transportation or service that is--
          ``(1) in noncontiguous domestic trade, except with regard to 
        bulk cargo, forest products, recycled metal scrap, waste paper, 
        and paper waste; or
          ``(2) for movement of household goods described in section 
        13102(9)(A);
only if the rate for such transportation or service is contained in a 
tariff that is in effect under this section. The carrier may not charge 
or receive a different compensation for the transportation or service 
than the rate specified in the tariff, whether by returning a part of 
that rate to a person, giving a person a privilege, allowing the use of 
a facility that affects the value of that transportation or service, or 
another device. A rate contained in a tariff shall be stated in money 
of the United States.
  ``(b) Tariff Requirements for Noncontiguous Domestic Trade.--
          ``(1) Filing.--A carrier providing transportation or service 
        described in subsection (a)(1) shall publish and file with the 
        Panel tariffs containing the rates established for such 
        transportation or service. The carriers shall keep such tariffs 
        available for public inspection. The Panel shall prescribe the 
        form and manner of publishing, filing, and keeping tariffs 
        available for public inspection under this subsection.
          ``(2) Contents.--The Panel may prescribe any specific 
        information and charges to be identified in a tariff, but at a 
        minimum tariffs must identify plainly--
                  ``(A) the carriers that are parties to it;
                  ``(B) the places between which property will be 
                transported;
                  ``(C) terminal charges if a carrier provides 
                transportation or service subject to jurisdiction under 
                subchapter III of chapter 135;
                  ``(D) privileges given and facilities allowed; and
                  ``(E) any rules that change, affect, or determine any 
                part of the published rate.
          ``(3) Inland divisions.--A carrier providing transportation 
        or service described in subsection (a)(1) under a joint rate 
        for a through movement shall not be required to state 
        separately or otherwise reveal in tariff filings the inland 
        divisions of that through rate.
          ``(4) Time-volume rates.--Rates in tariffs filed under this 
        subsection may vary with the volume of cargo offered over a 
        specified period of time.
          ``(5) Changes.--The Panel may permit carriers to change 
        rates, classifications, rules, and practices without filing 
        complete tariffs under this subsection that cover matter that 
        is not being changed when the Panel finds that action to be 
        consistent with the public interest. Those carriers may 
        either--
                  ``(A) publish new tariffs that incorporate changes, 
                or
                  ``(B) plainly indicate the proposed changes in the 
                tariffs then in effect and kept open for public 
                inspection.
  ``(c) Tariff Requirements for Household Goods Carriers.--
          ``(1) In general.--A carrier providing transportation 
        described in subsection (a)(2) shall maintain rates and related 
        rules and practices in a tariff. The tariff must be submitted 
        to the Panel for inspection and be made available for 
        inspection by shippers upon reasonable request.
          ``(2) Notice of availability.--A carrier that maintains a 
        tariff under this subsection may not enforce the provisions of 
        the tariff unless the carrier has given notice that the tariff 
        is available for inspection in its bill of lading or by other 
        actual notice to individuals whose shipments are subject to the 
        tariff.
          ``(3) Requirements.--A carrier that maintains a tariff under 
        this subsection is bound by the tariff except as otherwise 
        provided in this part. A tariff that does not comply with this 
        subsection may not be enforced against any individual shipper.
          ``(4) Incorporation by reference.--A carrier may incorporate 
        by reference the rates, terms, and other conditions in a tariff 
        in agreements covering the transportation of households 
        described in section 13908.102(9)(B).
          ``(5) Complaints.--A complaint that a rate or related rule or 
        practice maintained in a tariff under this subsection violates 
        section 13701(a) may be submitted to the Panel for resolution.
  ``(d) Invalidation.--The Panel may invalidate a tariff prepared by a 
carrier or carriers under this section if that tariff violates this 
section or a regulation of the Panel carrying out this section.

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

  ``(a) Agreements.--
          ``(1) Authority to enter.--A motor carrier providing 
        transportation or service subject to jurisdiction under chapter 
        135 may enter into an agreement with one or more such carriers 
        to establish--
                  ``(A) through routes and joint rates;
                  ``(B) rates for the transportation of household goods 
                described in section 13102(9)(A);
                  ``(C) classifications;
                  ``(D) mileage guides;
                  ``(E) rules;
                  ``(F) divisions;
                  ``(G) rate adjustments of general application based 
                on industry average carrier costs (so long as there is 
                no discussion of individual markets or particular 
                single-line rates); or
                  ``(H) procedures for joint consideration, initiation, 
                or establishment of matters described in subparagraphs 
                (A) through (G).
          ``(2) Submission of agreement to panel; approval.--An 
        agreement entered into under subsection (a) may be submitted by 
        any carrier or carriers that are parties to such agreement to 
        the Panel for approval and may be approved by the Panel only if 
        it finds that such agreement is in the public interest.
          ``(3) Conditions.--The Panel may require compliance with 
        reasonable conditions consistent with this part to assure that 
        the agreement furthers the transportation policy set forth in 
        section 13101.
          ``(4) Investigations.--The Panel may suspend and investigate 
        the reasonableness of any classification or rate adjustment of 
        general application made pursuant to an agreement under this 
        section.
          ``(5) Effect of approval.--If the Panel approves the 
        agreement or renews approval of the agreement, it may be made 
        and carried out under its terms and under the conditions 
        required by the Panel, and the antitrust laws, as defined in 
        the first section of the Clayton Act (15 U.S.C. 12), do not 
        apply to parties and other persons with respect to making or 
        carrying out the agreement.
  ``(b) Records.--The Panel may require an organization established or 
continued under an agreement approved under this section to maintain 
records and submit reports. The Panel, or its delegate, may inspect a 
record maintained under this section, or monitor any organization's 
compliance with this section.
  ``(c) Review.--The Panel may review an agreement approved under this 
section, on its own initiative or on request, and shall change the 
conditions of approval or terminate it when necessary to protect the 
public interest. Action of the Panel under this section--
          ``(1) approving an agreement,
          ``(2) denying, ending, or changing approval,
          ``(3) prescribing the conditions on which approval is 
        granted, or
          ``(4) changing those conditions,
has effect only as related to application of the antitrust laws 
referred to in subsection (a).
  ``(d) Expiration of Approvals; Renewals.--Subject to subsection (c), 
approval of an agreement under subsection (a) shall expire 3 years 
after the date of approval unless renewed under this subsection. The 
approval may be renewed upon request of the parties to the agreement if 
such parties resubmit the agreement to the Panel, the agreement is 
unchanged, and the Panel approves such renewal. The Panel shall approve 
the renewal unless it finds that the renewal is not in the public 
interest.
  ``(e) Existing Agreements.--Agreements approved under former section 
10706(b) and in effect on the day before the effective date of this 
section shall be treated for purposes of this section as approved by 
the Panel under this section beginning on such effective date.
  ``(f) Limitations on Statutory Construction.--
          ``(1) Undercharge claims.--Nothing in this section shall 
        serve as a basis for any undercharge claim.
          ``(2) Obligation of shipper.--Nothing in this title, the ICC 
        Termination Act of 1995, or any amendments or repeals made by 
        such Act shall be construed as creating any obligation for a 
        shipper based solely on a classification that was on file with 
        the Interstate Commerce Commission or elsewhere on the day 
        before the effective date of this section.
  ``(g) Mileage Rate Limitation.--No carrier subject to jurisdiction 
under subchapter I or III of chapter 135 may enforce collection of its 
mileage rates unless such carrier--
          ``(1) uses an independent publication of mileage (other than 
        a publication referred to in paragraph (2)) which can be 
        examined by any interested person upon reasonable request; or
          ``(2) is a participant in a publication of mileages 
        formulated under an agreement approved under this section.
  ``(h) Single Line Rate Defined.--In this section, the term `single 
line rate' means a rate, charge, or allowance proposed by a single 
motor carrier that is applicable only over its line and for which the 
transportation can be provided by that carrier.

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

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

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

  ``(a) Establishment; Reasonableness.--A motor carrier providing 
transportation of passengers subject to jurisdiction under subchapter I 
of chapter 135 shall establish through routes with other carriers of 
the same type and shall establish individual and joint rates applicable 
to them. Such through route must be reasonable.
  ``(b) Prescribed by Panel.--When the Panel finds it necessary to 
enforce the requirements of this section, the Panel may prescribe 
through routes and the conditions under which those routes must be 
operated for motor carriers providing transportation of passengers 
subject to jurisdiction under subchapter I of chapter 135.

``Sec. 13706. Liability for payment of rates

  ``(a) Liability of Consignee.--Liability for payment of rates for 
transportation for a shipment of property by a shipper or consignor to 
a consignee other than the shipper or consignor, is determined under 
this section when the transportation is provided by motor carrier under 
this part. When the shipper or consignor instructs the carrier 
transporting the property to deliver it to a consignee that is an agent 
only, not having beneficial title to the property, the consignee is 
liable for rates billed at the time of delivery for which the consignee 
is otherwise liable, but not for additional rates that may be found to 
be due after delivery if the consignee gives written notice to the 
delivering carrier before delivery of the property--
          ``(1) of the agency and absence of beneficial title; and
          ``(2) of the name and address of the beneficial owner of the 
        property if it is reconsigned or diverted to a place other than 
        the place specified in the original bill of lading.
  ``(b) Liability of Beneficial Owner.--When the consignee is liable 
only for rates billed at the time of delivery under subsection (a), the 
shipper or consignor, or, if the property is reconsigned or diverted, 
the beneficial owner is liable for those additional rates regardless of 
the bill of the lading or contract under which the property was 
transported. The beneficial owner is liable for all rates when the 
property is reconsigned or diverted by an agent but is refused or 
abandoned at its ultimate destination if the agent gave the carrier in 
the reconsignment or diversion order a notice of agency and the name 
and address of the beneficial owner. A consignee giving the carrier 
erroneous information about the identity of the beneficial owner of the 
property is liable for the additional rates.

``Sec. 13707. Billing and collecting practices

  ``(a) Timing.--A motor carrier subject to jurisdiction under 
subchapter I of chapter 135 shall disclose, when a document is 
presented or electronically transmitted for payment to the person 
responsible directly to the motor carrier for payment or agent of such 
responsible person, the actual rates, charges, or allowances for any 
transportation service.
  ``(b) False or Misleading Information.--No person may cause a motor 
carrier to present false or misleading information on a document about 
the actual rate, charge, or allowance to any party to the transaction.
  ``(c) Allowances for Services.--When the actual rate, charge, or 
allowance is dependent upon the performance of a service by a party to 
the transportation arrangement, such as tendering a volume of freight 
over a stated period of time, the motor carrier shall indicate in any 
document presented for payment to the person responsible directly to 
the motor carrier that a reduction, allowance, or other adjustment may 
apply.

``Sec. 13708. Procedures for resolving claims involving unfiled, 
                    negotiated transportation rates

  ``(a) Transportation Provided Before Effective Date.--
          ``(1) In general.--When a claim is made by a motor carrier of 
        property (other than a household goods carrier) providing 
        transportation subject to jurisdiction under subchapter II of 
        chapter 105, as in effect on the day before the effective date 
        of this section, by a freight forwarder (other than a household 
        goods freight forwarder), or by a party representing such a 
        carrier or freight forwarder regarding the collection of rates 
        or charges for such transportation in addition to those 
        originally billed and collected by the carrier or freight 
        forwarder for such transportation, the person against whom the 
        claim is made may elect to satisfy the claim under the 
        provisions of subsection (b), (c), or (d), upon showing that--
                  ``(A) the carrier or freight forwarder is no longer 
                transporting property or is transporting property for 
                the purpose of avoiding the application of this 
                section; and
                  ``(B) with respect to the claim--
                          ``(i) the person was offered a transportation 
                        rate by the carrier or freight forwarder other 
                        than that legally on file with the Interstate 
                        Commerce Commission for the transportation 
                        service;
                          ``(ii) the person tendered freight to the 
                        carrier or freight forwarder in reasonable 
                        reliance upon the offered transportation rate;
                          ``(iii) the carrier or freight forwarder did 
                        not properly or timely file with the Interstate 
                        Commerce Commission a tariff providing for such 
                        transportation rate or failed to enter into an 
                        agreement for contract carriage;
                          ``(iv) such transportation rate was billed 
                        and collected by the carrier or freight 
                        forwarder; and
                          ``(v) the carrier or freight forwarder 
                        demands additional payment of a higher rate 
                        filed in a tariff.
          ``(2) Forum for resolution of showings.--If there is a 
        dispute as to the showing under paragraph (1)(A), such dispute 
        shall be resolved by the court in which the claim is brought. 
        If there is a dispute as to the showing under paragraph (1)(B), 
        such dispute shall be resolved by the Panel. Pending the 
        resolution of any such dispute, the person shall not have to 
        pay any additional compensation to the carrier or freight 
        forwarder.
          ``(3) Effect of satisfaction of claims under dispute 
        resolution procedure.--Satisfaction of a claim under subsection 
        (b), (c), or (d) shall be binding on the parties, and the 
        parties shall not be subject to chapter 119, as in effect on 
        the day before the effective date of this section.
  ``(b) Claims Involving Shipments Weighing 10,000 Pounds or Less.--A 
person from whom the additional legally applicable and effective tariff 
rate or charges are sought may elect to satisfy the claim, if the 
shipments each weighed 10,000 pounds or less, by payment of 20 percent 
of the difference between the carrier's applicable and effective tariff 
rate and the rate originally billed and paid. In the event that a 
dispute arises as to the rate that was legally applicable to the 
shipment, such dispute shall be resolved by the Panel.
  ``(c) Claims Involving Shipments Weighing More Than 10,000 Pounds.--A 
person from whom the additional legally applicable and effective tariff 
rate or charges are sought may elect to satisfy the claim, if the 
shipments each weighed more than 10,000 pounds, by payment of 15 
percent of the difference between the carrier's applicable and 
effective tariff rate and the rate originally billed and paid. In the 
event that a dispute arises as to the rate that was legally applicable 
to the shipment, such dispute shall be resolved by the Panel.
  ``(d) Claims Involving Public Warehousemen.--Notwithstanding 
subsections (b) and (c), a person from whom the additional legally 
applicable and effective tariff rate or charges are sought may elect to 
satisfy the claim by payment of 5 percent of the difference between the 
carrier's applicable and effective tariff rate and the rate originally 
billed and paid if such person is a public warehouseman. In the event 
that a dispute arises as to the rate that was legally applicable to the 
shipment, such dispute shall be resolved by the Panel.
  ``(e) Effects of Election.--When a person from whom additional 
legally applicable freight rates or charges are sought does not elect 
to use the provisions of subsections (b), (c), or (d), the person may 
pursue all rights and remedies existing under this title on the day 
before the effective date of this section.
  ``(f) Stay of Additional Compensation.--When a person proceeds under 
this section to challenge the reasonableness of the legally applicable 
freight rate or charges being claimed by a carrier or freight forwarder 
in addition to those already billed and collected, the person shall not 
have to pay any additional compensation to the carrier or freight 
forwarder until the Panel has made a determination as to the 
reasonableness of the challenged rate as applied to the freight of the 
person against whom the claim is made.
  ``(g) Notification of Election.--
          ``(1) General rule.--A person must notify the carrier or 
        freight forwarder as to its election to proceed under 
        subsection (b), (c), or (d). Except as provided in paragraphs 
        (2), (3), and (4), such election may be made at any time.
          ``(2) Demands for payment initially made after december 3, 
        1993.--If the carrier or freight forwarder or party 
        representing such carrier or freight forwarder initially 
        demands the payment of additional freight charges after 
        December 3, 1993, and notifies the person from whom additional 
        freight charges are sought of the provisions of subsections (a) 
        through (f) at the time of the making of such initial demand, 
        the election must be made not later than the later of--
                  ``(A) the 60th day following the filing of an answer 
                to a suit for the collection of such additional legally 
                applicable freight rate or charges, or
                  ``(B) March 5, 1994.
          ``(3) Pending suits for collection made before december 4, 
        1993.--If the carrier or freight forwarder or party 
        representing such carrier or freight forwarder has filed, 
        before December 4, 1993, a suit for the collection of 
        additional freight charges and notifies the person from whom 
        additional freight charges are sought of the provisions of 
        subsections (a) through (f), the election must be made not 
        later than the 90th day following the date on which such 
        notification is received.
          ``(4) Demands for payment made before december 4, 1993.--If 
        the carrier or freight forwarder or party representing such 
        carrier or freight forwarder has demanded the payment of 
        additional freight charges, and has not filed a suit for the 
        collection of such additional freight charges, before December 
        4, 1993, and notifies the person from whom additional freight 
        charges are sought of the provisions of subsections (a) through 
        (f), the election must be made not later than the later of--
                  ``(A) the 60th day following the filing of an answer 
                to a suit for the collection of such additional legally 
                applicable freight rate or charges, or
                  ``(B) March 5, 1994.
  ``(h) Claims Involving Small-Business Concerns, Charitable 
Organizations, and Recyclable Materials.--
          ``(1) In general.--Notwithstanding subsections (b), (c), and 
        (d), a person from whom the additional legally applicable and 
        effective tariff rate or charges are sought shall not be liable 
        for the difference between the carrier's applicable and 
        effective tariff rate and the rate originally billed and paid--
                  ``(A) if such person qualifies as a small-business 
                concern under the Small Business Act (15 U.S.C. 631 et 
                seq.),
                  ``(B) if such person is an organization which is 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986 and exempt from tax under section 501(a) 
                of such Code, or
                  ``(C) if the cargo involved in the claim is 
                recyclable materials.
          ``(2) Recyclable materials defined.--In this subsection, the 
        term `recyclable materials' means waste products for recycling 
        or reuse in the furtherance of recognized pollution control 
        programs.

``Sec. 13709. Additional motor carrier undercharge provisions

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

``Sec. 13710. Alternative procedure for resolving undercharge disputes

  ``(a) General Rule.--It shall be an unreasonable practice for a motor 
carrier of property (other than a household goods carrier) providing 
transportation that was subject to jurisdiction under subchapter II of 
chapter 105 before the effective date of this section, a freight 
forwarder (other than a household goods freight forwarder), or a party 
representing such a carrier or freight forwarder to attempt to charge 
or to charge for a transportation service the difference between the 
applicable rate that was lawfully in effect pursuant to a tariff that 
was filed in accordance with chapter 107 of this title by the carrier 
or freight forwarder applicable to such transportation service and the 
negotiated rate for such transportation service if the carrier or 
freight forwarder is no longer transporting property between places 
described in section 13501(1) of this title or is transporting property 
between places described in section 13501(1) of this title for the 
purpose of avoiding application of this section.
  ``(b) Jurisdiction of Panel.--
          ``(1) Determination.--The Panel shall have jurisdiction to 
        make a determination of whether or not attempting to charge or 
        the charging of a rate by a motor carrier or freight forwarder 
        or party representing a motor carrier or freight forwarder is 
        an unreasonable practice under subsection (a). If the Panel 
        determines that attempting to charge or the charging of the 
        rate is an unreasonable practice under subsection (a), the 
        carrier, freight forwarder, or party may not collect the 
        difference described in subsection (a) between the applicable 
        rate and the negotiated rate for the transportation service.
          ``(2) Factors to consider.--In making a determination under 
        paragraph (1), the Panel shall consider--
                  ``(A) whether the person was offered a transportation 
                rate by the carrier or freight forwarder or party other 
                than that legally on file with the Interstate Commerce 
                Commission at the time of the movement for the 
                transportation service;
                  ``(B) whether the person tendered freight to the 
                carrier or freight forwarder in reasonable reliance 
                upon the offered transportation rate;
                  ``(C) whether the carrier or freight forwarder did 
                not properly or timely file with the Interstate 
                Commerce Commission a tariff providing for such 
                transportation rate or failed to enter into an 
                agreement for contract carriage;
                  ``(D) whether the transportation rate was billed and 
                collected by the carrier or freight forwarder; and
                  ``(E) whether the carrier or freight forwarder or 
                party demands additional payment of a higher rate filed 
                in a tariff.
  ``(c) Stay Of Additional Compensation.--When a person proceeds under 
this section to challenge the reasonableness of the practice of a motor 
carrier, freight forwarder, or party described in subsection (a) to 
attempt to charge or to charge the difference described in subsection 
(a) between the applicable rate and the negotiated rate for the 
transportation service in addition to those charges already billed and 
collected for the transportation service, the person shall not have to 
pay any additional compensation to the carrier, freight forwarder, or 
party until the Panel has made a determination as to the reasonableness 
of the practice as applied to the freight of the person against whom 
the claim is made.
  ``(d) Treatment.--Subsection (a) is an exception to the requirements 
of section 13702 and, for transportation provided before the effective 
date of this section, to the requirements of sections 10761(a) and 
10762, relating to a filed tariff rate and other general tariff 
requirements, as in effect on the day before such effective date.
  ``(e) Nonapplicability Of Negotiated Rate Dispute Resolution 
Procedure.--If a person elects to seek enforcement of subsection (a) 
with respect to a rate for a transportation or service, section 13708 
shall not apply to such rate.
  ``(f) Definitions.--In this section, the term ``negotiated rate'' 
means a rate, charge, classification, or rule agreed upon by a motor 
carrier or freight forwarder and a shipper through negotiations 
pursuant to which no tariff was lawfully and timely filed and for which 
there is written evidence of such agreement.

``Sec. 13711. Government traffic

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

``Sec. 13712. Food and grocery transportation

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

                      ``CHAPTER 139--REGISTRATION

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

``Sec. 13901. Requirement for registration

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

``Sec. 13902. Registration of motor carriers

  ``(a) Motor Carrier Generally.--
          ``(1) In general.--Except as provided in this section, the 
        Secretary shall register a person to provide transportation 
        subject to jurisdiction under subchapter I of chapter 135 of 
        this title as a motor carrier if the Secretary finds that the 
        person is willing and able to comply with--
                  ``(A) this part and the applicable regulations of the 
                Secretary and the Panel;
                  ``(B) any safety regulations imposed by the Secretary 
                and the safety fitness requirements established by the 
                Secretary under section 31144; and
                  ``(C) the minimum financial responsibility 
                requirements established by the Secretary pursuant to 
                sections 13906 and 31138.
          ``(2) Consideration of evidence; findings.--The Secretary 
        shall consider and, to the extent applicable, make findings on, 
        any evidence demonstrating that the registrant is unable to 
        comply with the requirements of subparagraph (A), (B), or (C) 
        of paragraph (1).
          ``(3) Withholding.--If the Secretary determines that any 
        registrant under this section does not meet the requirements of 
        paragraph (1), the Secretary shall withhold registration.
          ``(4) Limitation on complaints.--The Secretary may hear a 
        complaint from any person concerning a registration under this 
        subsection only on the ground that the registrant fails or will 
        fail to comply with this part, the applicable regulations of 
        the Secretary and the Panel, the safety regulations of the 
        Secretary, or the safety fitness or minimum financial 
        responsibility requirements of paragraph (1) of this 
        subsection.
  ``(b) Motor Carriers of Passengers.--
          ``(1) Registration of private recipients of governmental 
        assistance.--The Secretary shall register under subsection 
        (a)(1) a private recipient of governmental assistance to 
        provide special or charter transportation subject to 
        jurisdiction under subchapter I of chapter 135 as a motor 
        carrier of passengers if the Secretary finds that the recipient 
        meets the requirements of subsection (a)(1), unless the 
        Secretary finds, on the basis of evidence presented by any 
        person objecting to the registration, that the transportation 
        to be provided pursuant to the registration is not in the 
        public interest.
          ``(2) Registration of public recipients of governmental 
        assistance.--
                  ``(A) Charter transportation.--The Secretary shall 
                register under subsection (a)(1) a public recipient of 
                governmental assistance to provide special or charter 
                transportation subject to jurisdiction under subchapter 
                I of chapter 135 as a motor carrier of passengers if 
                the Secretary finds that--
                          ``(i) the recipient meets the requirements of 
                        subsection (a)(1); and
                          ``(ii)(I) no motor carrier of passengers 
                        (other than a motor carrier of passengers which 
                        is a public recipient of governmental 
                        assistance) is providing, or is willing to 
                        provide, the transportation; or
                          ``(II) the transportation is to be provided 
                        entirely in the area in which the public 
                        recipient provides regularly scheduled mass 
                        transportation services.
                  ``(B) Regular-route transportation.--The Secretary 
                shall register under subsection (a)(1) a public 
                recipient of governmental assistance to provide 
                regular-route transportation subject to jurisdiction 
                under subchapter I of chapter 135 as a motor carrier of 
                passengers if the Secretary finds that the recipient 
                meets the requirements of subsection (a)(1), unless the 
                Secretary finds, on the basis of evidence presented by 
                any person objecting to the registration, that the 
                transportation to be provided pursuant to the 
                registration is not in the public interest.
                  ``(C) Treatment of certain public recipients.--Any 
                public recipient of governmental assistance which is 
                providing or seeking to provide transportation of 
                passengers subject to jurisdiction under subchapter I 
                of chapter 135 shall, for purposes of this part, be 
                treated as a person which is providing or seeking to 
                provide transportation of passengers subject to such 
                jurisdiction.
          ``(3) Intrastate transportation.--A motor carrier of 
        passengers that is registered by the Secretary under subsection 
        (a) is authorized to provide regular-route transportation 
        entirely in one State as a motor carrier of passengers if such 
        intrastate transportation is to be provided on a route over 
        which the carrier provides interstate transportation of 
        passengers.
          ``(4) Preemption regarding certain express service.--No State 
        or political subdivision thereof and no interstate agency or 
        other political agency of 2 or more States shall enact or 
        enforce any law, rule, regulation, standard or other provision 
        having the force and effect of law relating to the provision of 
        pickup and delivery of express packages, newspapers, or mail in 
        a commercial zone if the shipment has had or will have a prior 
        or subsequent movement by bus in intrastate commerce and, if a 
        city within the commercial zone, is served by a motor carrier 
        of passengers providing regular-route transportation of 
        passengers subject to jurisdiction under subchapter I of 
        chapter 135.
          ``(5) Treatment.--Except as provided in section 14501(a), any 
        intrastate transportation authorized by this subsection shall 
        be treated as transportation subject to jurisdiction under 
        subchapter I of chapter 135 until the 30th day following the 
        date on which the motor carrier of passengers first begins 
        providing transportation entirely in one State under this 
        paragraph and the carrier takes such action as is necessary to 
        establish under the laws of such State rates, rules, and 
        practices applicable to such transportation.
          ``(6) Special operations.--This subsection shall not apply to 
        any regular-route transportation of passengers provided 
        entirely in one State which is in the nature of a special 
        operation.
          ``(7) Suspension or revocation.--Intrastate transportation 
        authorized under this subsection may be suspended or revoked by 
        the Secretary under section 13905 of this title at any time.
          ``(8) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Public recipient of governmental assistance.--
                The term `public recipient of governmental assistance' 
                means--
                          ``(i) any State,
                          ``(ii) any municipality or other political 
                        subdivision of a State,
                          ``(iii) any public agency or instrumentality 
                        of one or more States and municipalities and 
                        political subdivisions of a State,
                          ``(iv) any Indian tribe,
                          ``(v) any corporation, board, or other person 
                        owned or controlled by any entity described in 
                        clause (i), (ii), (iii), or (iv), and
                which before, on, or after the effective date of this 
                subsection received governmental assistance for the 
                purchase or operation of any bus.
                  ``(B) Private recipient of government assistance.--
                The term `private recipient of government assistance' 
                means any person (other than a person described in 
                subparagraph (A)) who before, on, or after the 
                effective date of this paragraph received governmental 
                financial assistance in the form of a subsidy for the 
                purchase, lease, or operation of any bus.
  ``(c) Restrictions on Motor Carriers Domiciled in or Owned or 
Controlled by Nationals of a Contiguous Foreign Country.--
          ``(1) Prevention of discriminatory practices.--If the 
        President, or the delegate thereof, determines that an act, 
        policy, or practice of a foreign country contiguous to the 
        United States, or any political subdivision or any 
        instrumentality of any such country is unreasonable or 
        discriminatory and burdens or restricts United States 
        transportation companies providing, or seeking to provide, 
        motor carrier transportation to, from, or within such foreign 
        country, the President or such delegate may--
                  ``(A) seek elimination of such practices through 
                consultations; or
                  ``(B) notwithstanding any other provision of law, 
                suspend, modify, amend, condition, or restrict 
                operations, including geographical restriction of 
                operations, in the United States by motor carriers of 
                property or passengers domiciled in such foreign 
                country or owned or controlled by persons of such 
                foreign country.
          ``(2) Equalization of treatment.--Any action taken under 
        paragraph (1)(A) to eliminate an act, policy, or practice shall 
        be so devised so as to equal to the extent possible the burdens 
        or restrictions imposed by such foreign country on United 
        States transportation companies.
          ``(3) Removal or modification.--The President, or the 
        delegate thereof, may remove or modify in whole or in part any 
        action taken under paragraph (1)(A) if the President or such 
        delegate determines that such removal or modification is 
        consistent with the obligations of the United States under a 
        trade agreement or with United States transportation policy.
          ``(4) Protection of existing operations.--Unless and until 
        the President, or the delegate thereof, makes a determination 
        under paragraph (1) or (3), nothing in this subsection shall 
        affect--
                  ``(A) operations of motor carriers of property or 
                passengers domiciled in any contiguous foreign country 
                or owned or controlled by persons of any contiguous 
                foreign country permitted in the commercial zones along 
                the United States-Mexico border as such zones were 
                defined on the day before the effective date of this 
                section; or
                  ``(B) any existing restrictions on operations of 
                motor carriers of property or passengers domiciled in 
                any contiguous foreign country or owned or controlled 
                by persons of any contiguous foreign country or any 
                modifications thereof pursuant to section 6 of the Bus 
                Regulatory Reform Act of 1982.
          ``(5) Publication; comment.--Unless the President, or the 
        delegate thereof, determines that expeditious action is 
        required, the President shall publish in the Federal Register 
        any determination under paragraph (1) or (3), together with a 
        description of the facts on which such a determination is based 
        and any proposed action to be taken pursuant to paragraph 
        (1)(B) or (3) and provide an opportunity for public comment.
          ``(6) Delegation to secretary.--The President may delegate 
        any or all authority under this subsection to the Secretary, 
        who shall consult with other agencies as appropriate. In 
        accordance with the directions of the President, the Secretary 
        may issue regulations to enforce this subsection.
          ``(7) Civil actions.--Either the Secretary or the Attorney 
        General may bring a civil action in an appropriate district 
        court of the United States to enforce this subsection or a 
        regulation prescribed or order issued under this subsection. 
        The court may award appropriate relief, including injunctive 
        relief.
          ``(8) Limitation on statutory construction.--This subsection 
        shall not be construed as affecting the requirement for all 
        foreign motor carriers operating in the United States to comply 
        with all applicable laws and regulations pertaining to fitness, 
        safety of operations, financial responsibility, and taxes 
        imposed by section 4481 of the Internal Revenue Code of 1986.

``Sec. 13903. Registration of freight forwarders

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

``Sec. 13904. Registration of motor carrier brokers

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

``Sec. 13905. Effective periods of registration

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

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

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

``Sec. 13907. Household goods agents

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

``Sec. 13908. Registration and other reforms

  ``(a) Regulations Replacing Certain Programs.--The Secretary, in 
cooperation with the States, and after notice and opportunity for 
public comment, shall issue regulations to replace the current 
Department of Transportation identification number system, the single 
State registration system under section 14504, the registration system 
contained in this chapter, and the financial responsibility information 
system under section 13906 with a single, on-line, Federal system. The 
new system shall serve as a clearinghouse and depository of information 
on and identification of all foreign and domestic motor carriers, 
brokers, and freight forwarders, and others required to register with 
the Department as well as information on safety fitness and compliance 
with required levels of financial responsibility.
  ``(b) Factors To Be Considered.--In conducting the rulemaking under 
subsection (a), the Secretary shall, at a minimum, consider the 
following factors:
          ``(1) Funding for State enforcement of motor carrier safety 
        regulations.
          ``(2) Whether the existing single State registration system 
        is duplicative and burdensome.
          ``(3) The justification and need for collecting the statutory 
        fee for such system under section 14504(c)(2)(B)(iv).
          ``(4) The public safety.
          ``(5) The efficient delivery of transportation services.
          ``(6) How, and under what conditions, to extend the 
        registration system to motor private carriers and to carriers 
        exempt under sections 13502, 13503, and 13506.
  ``(c) Fee System.--The Secretary may establish, under section 9701 of 
title 31, a fee system for registration and filing evidence of 
financial responsibility under the new system under subsection (a). 
Fees collected under the fee system shall cover the costs of operating 
and upgrading the registration system, including all personnel costs 
associated with the system. Fees collected under this subsection may be 
credited to the Department of Transportation appropriations account for 
purposes for which such fees are collected, and shall be available for 
expenditure until expended.
  ``(d) State Registration Programs.--If the Secretary determines that 
no State should require insurance filings or collect fees for such 
filings under section 14504, the Secretary may prevent any State or 
political subdivision thereof, or any political authority of 2 or more 
States, from imposing any insurance filing requirements or fees that 
are for the same purposes as filings or fees the Secretary requires 
under the new system under subsection (a).
  ``(e) Deadline for Conclusion; Modifications.--Not later than 24 
months after the effective date of this section, the Secretary--
          ``(1) shall conclude the rulemaking under this section;
          ``(2) may implement such changes under this section as the 
        Secretary considers appropriate and in the public interest; and
          ``(3) shall transmit to Congress a report on any findings of 
        the rulemaking and the changes being implemented under this 
        section, together with such recommendations for legislative 
        language necessary to conform this part to such changes.

                 ``CHAPTER 141--OPERATIONS OF CARRIERS

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

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

                  ``SUBCHAPTER II--REPORTS AND RECORDS

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

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

``Sec. 14101. Providing transportation and service

  ``(a) On Reasonable Request.--A carrier providing transportation or 
service subject to jurisdiction under chapter 135 shall provide the 
transportation or service on reasonable request. In addition, a motor 
carrier shall provide safe and adequate service, equipment, and 
facilities.
  ``(b) Contracts With Shippers.--
          ``(1) In general.--A carrier providing transportation or 
        service subject to jurisdiction under chapter 135 may enter 
        into a contract with a shipper, other than for the movement of 
        household goods described in section 13102(9)(A), to provide 
        specified services under specified rates and conditions. If the 
        shipper, in writing, expressly waives all rights and remedies 
        under this part for the transportation covered by the contract, 
        the transportation provided under the contract shall not be 
        subject to this part and may not be subsequently challenged on 
        the ground that it violates a provision of this part.
          ``(2) Remedy for breach of contract.--The exclusive remedy 
        for any alleged breach of a contract entered into under this 
        subsection shall be an action in an appropriate State court or 
        United States district court, unless the parties otherwise 
        agree.

``Sec. 14102. Leased motor vehicles

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

``Sec. 14103. Loading and unloading motor vehicles

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

``Sec. 14104. Household goods carrier operations

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

                  ``SUBCHAPTER II--REPORTS AND RECORDS

``Sec. 14121. Definitions

  ``In this subchapter, the following definitions apply:
          ``(1) Carrier and broker.--The terms `carrier' and `broker' 
        include a receiver or trustee of a carrier and broker, 
        respectively.
          ``(2) Association.--The term `association' means an 
        organization maintained by or in the interest of a group of 
        carriers or brokers providing transportation or service subject 
        to jurisdiction under chapter 135 that performs a service, or 
        engages in activities, related to transportation under this 
        part.

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

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

``Sec. 14123. Financial reporting

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

                         ``CHAPTER 143--FINANCE

``Sec.
``14301. Security interests in certain motor vehicles.
``14302. Pooling and division of transportation or earnings.

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

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

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

  ``(a) Approval Required.--A carrier providing transportation subject 
to jurisdiction under subchapter I of chapter 135 of this title may not 
agree or combine with another such carrier to pool or divide traffic or 
services or any part of their earnings without the approval of the 
Panel under this section.
  ``(b) Standards for Approval.--The Panel may approve and authorize an 
agreement or combination between or among motor carriers of passengers, 
or between a motor carrier of passengers and a rail carrier of 
passengers if the carriers involved assent to the pooling or division 
and the Panel finds that a pooling or division of traffic, services, or 
earnings--
          ``(1) will be in the interest of better service to the public 
        or of economy of operation; and
          ``(2) will not unreasonably restrain competition.
  ``(c) Procedure.--
          ``(1) Application.--Any motor carrier of property may apply 
        to the Panel for approval of an agreement or combination with 
        another such carrier to pool or divide traffic or any services 
        or any part of their earnings by filing such agreement or 
        combination with the Panel not less than 50 days before its 
        effective date.
          ``(2) Determination of importance and restraint on 
        competition.--Prior to the effective date of the agreement or 
        combination, the Panel shall determine whether the agreement or 
        combination is of major transportation importance and whether 
        there is substantial likelihood that the agreement or 
        combination will unduly restrain competition. If the Panel 
        determines that neither of these 2 factors exists, it shall, 
        prior to such effective date and without a hearing, approve and 
        authorize the agreement or combination, under such rules and 
        regulations as the Panel may issue, and for such consideration 
        between such carriers and upon such terms and conditions as 
        shall be found by the Panel to be just and reasonable.
          ``(3) Hearing.--If the Panel determines either that the 
        agreement or combination is of major transportation importance 
        or that there is substantial likelihood that the agreement or 
        combination will unduly restrain competition, the Panel shall 
        hold a hearing concerning whether the agreement or combination 
        will be in the interest of better service to the public or of 
        economy in operation and whether it will unduly restrain 
        competition and shall suspend operation of such agreement or 
        combination pending such hearing and final decision thereon. 
        After such hearing, the Panel shall indicate to what extent it 
        finds that the agreement or combination will be in the interest 
        of better service to the public or of economy in operation and 
        will not unduly restrain competition and if assented to by all 
        the carriers involved, shall to that extent, approve and 
        authorize the agreement or combination, under such rules and 
        regulations as the Panel may issue, and for such consideration 
        between such carriers and upon such terms and conditions as 
        shall be found by the Panel to be just and reasonable.
          ``(4) Special rules for household goods carriers.--In the 
        case of an application for Panel approval of an agreement or 
        combination between a motor carrier providing transportation of 
        household goods and its agents to pool or divide traffic or 
        services or any part of their earnings, such agreement or 
        combination shall be presumed to be in the interest of better 
        service to the public and of economy in operation and not to 
        restrain competition unduly if the practices proposed to be 
        carried out under such agreement or combination are the same as 
        or similar to practices carried out under agreements and 
        combinations between motor carriers providing transportation of 
        household goods to pool or divide traffic or service of any 
        part of their earnings approved by the Interstate Commerce 
        Commission before the effective date of this section.
          ``(5) Streamlining and simplifying.--The Panel shall 
        streamline, simplify, and expedite, to the maximum extent 
        practicable, the process (including any paperwork) for 
        submission and approval of applications under this section for 
        agreements and combinations between motor carriers providing 
        transportation of household goods and their agents.
  ``(d) Conditions.--The Panel may impose conditions governing the 
pooling or division and may approve and authorize payment of a 
reasonable consideration between the carriers.
  ``(e) Initiation of Proceeding.--The Panel may begin a proceeding 
under this section on its own initiative or on application.
  ``(f) Effect of Approval.--A carrier may participate in an 
arrangement approved by or exempted by the Panel under this section 
without the approval of any other Federal, State, or municipal body. A 
carrier participating in an approved or exempted arrangement is exempt 
from the antitrust laws and from all other law, including State and 
municipal law, as necessary to let that person carry out the 
arrangement.

                 ``CHAPTER 145--FEDERAL-STATE RELATIONS

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

``Sec. 14501. Federal authority over intrastate transportation

  ``(a) Motor Carriers of Passengers.--No State or political 
subdivision thereof and no interstate agency or other political agency 
of two or more States shall enact or enforce any law, rule, regulation, 
standard, or other provision having the force and effect of law 
relating to scheduling of interstate or intrastate transportation 
(including discontinuance or reduction in the level of service) 
provided by motor carrier of passengers subject to jurisdiction under 
subchapter I of chapter 135 of this title on an interstate route or 
relating to the implementation of any change in the rates for such 
transportation or for any charter transportation except to the extent 
that notice, not in excess of 30 days, of changes in schedules may be 
required. This subsection shall not apply to intrastate commuter bus 
operations.
  ``(b) Freight Forwarders and Brokers.--
          ``(1) General rule.--Subject to paragraph (2) of this 
        subsection, no State or political subdivision thereof and no 
        intrastate agency or other political agency of two or more 
        States shall enact or enforce any law, rule, regulation, 
        standard, or other provision having the force and effect of law 
        relating to intrastate rates, intrastate routes, or intrastate 
        services of any freight forwarder or broker.
          ``(2) Continuation of hawaii's authority.--Nothing in this 
        subsection and the amendments made by the Surface Freight 
        Forwarder Deregulation Act of 1986 shall be construed to affect 
        the authority of the State of Hawaii to continue to regulate a 
        motor carrier operating within the State of Hawaii.
  ``(c) Motor Carriers of Property.--
          ``(1) General rule.--Except as provided in paragraphs (2) and 
        (3), a State, political subdivision of a State, or political 
        authority of 2 or more States may not enact or enforce a law, 
        regulation, or other provision having the force and effect of 
        law related to a price, route, or service of any motor carrier 
        (other than a carrier affiliated with a direct air carrier 
        covered by section 41713(b)(4)) or any motor private carrier, 
        broker, or freight forwarder with respect to the transportation 
        of property.
          ``(2) Matters not covered.--Paragraph (1)--
                  ``(A) shall not restrict the safety regulatory 
                authority of a State with respect to motor vehicles, 
                the authority of a State to impose highway route 
                controls or limitations based on the size or weight of 
                the motor vehicle or the hazardous nature of the cargo, 
                or the authority of a State to regulate motor carriers 
                with regard to minimum amounts of financial 
                responsibility relating to insurance requirements and 
                self-insurance authorization;
                  ``(B) does not apply to the transportation of 
                household goods; and
                  ``(C) does not apply to the authority of a State or a 
                political subdivision of a State to enact or enforce a 
                law, regulation, or other provision relating to the 
                price of for-hire motor vehicle transportation by a tow 
                truck, if such transportation is performed--
                          ``(i) at the request of a law enforcement 
                        officer; or
                          ``(ii) without the prior consent or 
                        authorization of the owner or operator of the 
                        motor vehicle.
          ``(3) State standard transportation practices.--
                  ``(A) Continuation.--Paragraph (1) shall not affect 
                any authority of a State, political subdivision of a 
                State, or political authority of 2 or more States to 
                enact or enforce a law, regulation, or other provision, 
                with respect to theintrastate transportation of 
property by motor carriers, related to--
                          ``(i) uniform cargo liability rules,
                          ``(ii) uniform bills of lading or receipts 
                        for property being transported,
                          ``(iii) uniform cargo credit rules, or
                          ``(iv) antitrust immunity for joint line 
                        rates or routes, classifications, and mileage 
                        guides,
                if such law, regulation, or provision meets the 
                requirements of subparagraph (B).
                  ``(B) Requirements.--A law, regulation, or provision 
                of a State, political subdivision, or political 
                authority meets the requirements of this subparagraph 
                if--
                          ``(i) the law, regulation, or provision 
                        covers the same subject matter as, and 
                        compliance with such law, regulation, or 
                        provision is no more burdensome than compliance 
                        with, a provision of this part or a regulation 
                        issued by the Secretary or the Panel under this 
                        part; and
                          ``(ii) the law, regulation, or provision only 
                        applies to a carrier upon request of such 
                        carrier.
                  ``(C) Election.--Notwithstanding any other provision 
                of law, a carrier affiliated with a direct air carrier 
                through common controlling ownership may elect to be 
                subject to a law, regulation, or provision of a State, 
                political subdivision, or political authority under 
                this paragraph.
          ``(4) This subsection shall not apply with respect to the 
        State of Hawaii until August 22, 1997.

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

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

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

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

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

  ``(a) Definitions.--In this section, the terms `standards' and 
`amendments to standards' mean the specification of forms and 
procedures required by regulations of the Secretary to prove the 
lawfulness of transportation by motor carrier referred to in section 
13501.
  ``(b) General Rule.--The requirement of a State that a motor carrier, 
providing transportation subject to jurisdiction under subchapter I of 
chapter 135 and providing transportation in that State, must register 
with the State is not an unreasonable burden on transportation referred 
to in section 13501 when the State registration is completed under 
standards of the Secretary under subsection (c). When a State 
registration requirement imposes obligations in excess of the standards 
of the Secretary, the part in excess is an unreasonable burden.
  ``(c) Single State Registration System.--
          ``(1) In general.--The Secretary shall maintain standards for 
        implementing a system under which--
                  ``(A) a motor carrier is required to register 
                annually with only one State by providing evidence of 
                its Federal registration under chapter 139;
                  ``(B) the State of registration shall fully comply 
                with standards prescribed under this section; and
                  ``(C) such single State registration shall be deemed 
                to satisfy the registration requirements of all other 
                States.
          ``(2) Specific requirements.--
                  ``(A) Evidence of federal registration; proof of 
                insurance; payment of fees.--Under the standards of the 
                Secretary implementing the single State registration 
                system described in paragraph (1) of this subsection, 
                only a State acting in its capacity as registration 
                State under such single State system may require a 
                motor carrier registered by the Secretary under this 
                part--
                          ``(i) to file and maintain evidence of such 
                        Federal registration;
                          ``(ii) to file satisfactory proof of required 
                        insurance or qualification as a self-insurer;
                          ``(iii) to pay directly to such State fee 
                        amounts in accordance with the fee system 
                        established under subparagraph (B)(iv) of this 
                        paragraph, subject to allocation of fee 
                        revenues among all States in which the carrier 
                        operates and which participate in the single 
                        State registration system; and
                          ``(iv) to file the name of a local agent for 
                        service of process.
                  ``(B) Receipts; fee system.--The standards of the 
                Secretary--
                          ``(i) shall require that the registration 
                        State issue a receipt, in a form prescribed 
                        under the standards, reflecting that the 
                        carrier has filed proof of insurance as 
                        provided under subparagraph (A)(ii) of this 
                        paragraph and has paid fee amounts in 
                        accordance with the fee system established 
                        under clause (iv) of this subparagraph;
                          ``(ii) shall require that copies of the 
                        receipt issued under clause (i) of this 
                        subparagraph be kept in each of the carrier's 
                        commercial motor vehicles;
                          ``(iii) shall not require decals, stamps, cab 
                        cards, or any other means of registering or 
                        identifying specific vehicles operated by the 
                        carrier;
                          ``(iv) shall establish a fee system for the 
                        filing of proof of insurance as provided under 
                        subparagraph (A)(ii) of this paragraph that--
                                  ``(I) will be based on the number of 
                                commercial motor vehicles the carrier 
                                operates in a State and on the number 
                                of States in which the carrier 
                                operates;
                                  ``(II) will minimize the costs of 
                                complying with the registration system; 
                                and
                                  ``(III) will result in a fee for each 
                                participating State that is equal to 
                                the fee, not to exceed $10 per vehicle, 
                                that such State collected or charged as 
                                of November 15, 1991; and
                          ``(v) shall not authorize the charging or 
                        collection of any fee for filing and 
                        maintaining a certificate or permit under 
                        subparagraph (A)(i) of this paragraph.
                  ``(C) Prohibited fees.--The charging or collection of 
                any fee under this section that is not in accordance 
                with the fee system established under subparagraph 
                (B)(iv) of this paragraph shall be deemed to be a 
                burden on interstate commerce.
                  ``(D) Limitation on participation by states.--Only a 
                State which, as of January 1, 1991, charged or 
                collected a fee for a vehicle identification stamp or 
                number under part 1023 of title 49, Code of Federal 
                Regulations, shall be eligible to participate as a 
                registration State under this subsection or to receive 
                any fee revenue under this subsection.

``Sec. 14505. State tax

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

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

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

``Sec. 14701. General authority

  ``(a) Investigations.--The Secretary or the Panel, as applicable, may 
begin an investigation under this part on the Secretary's or the 
Panel's own initiative or on complaint. If the Secretary or Panel, as 
applicable finds that a carrier or broker is violating this part, the 
Secretary or Panel, as applicable, shall take appropriate action to 
compel compliance with this part. If the Secretary finds that a foreign 
motor carrier or foreign motor private carrier is violating chapter 
139, the Secretary shall take appropriate action to compel compliance 
with that chapter. The Secretary or Panel, as applicable, may take 
action under this subsection only after giving the carrier or broker 
notice of the investigation and an opportunity for a proceeding.
  ``(b) Complaints.--A person, including a governmental authority, may 
file with the Secretary or Panel, as applicable, a complaint about a 
violation of this part by a carrier providing, or broker for, 
transportation or service subject to jurisdiction under this part or a 
foreign motor carrier or foreign motor private carrier providing 
transportation registered under section 13902 of this title. The 
complaint must state the facts that are the subject of the violation. 
The Secretary or Panel, as applicable, may dismiss a complaint that it 
determines does not state reasonable grounds for investigation and 
action.
  ``(c) Deadline.--A formal investigative proceeding begun by the 
Secretary or Panel under subsection (a) of this section is dismissed 
automatically unless it is concluded with administrative finality by 
the end of the 3d year after the date on which it was begun.

``Sec. 14702. Enforcement by the regulatory authority

  ``(a) In General.--The Secretary or the Panel, as applicable, may 
bring a civil action--
          ``(1) to enforce section 14103 of this title; or
          ``(2) to enforce this part, or a regulation or order of the 
        Secretary or Panel, as applicable, when violated by a carrier 
        or broker providing transportation or service subject to 
        jurisdiction under subchapter I or III of chapter 135 of this 
        title or by a foreign motor carrier or foreign motor private 
        carrier providing transportation registered under section 13902 
        of this title.
  ``(b) Venue.--In a civil action under subsection (a)(2) of this 
section--
          ``(1) trial is in the judicial district in which the carrier, 
        foreign motor carrier, foreign motor private carrier, or broker 
        operates;
          ``(2) process may be served without regard to the territorial 
        limits of the district or of the State in which the action is 
        instituted; and
          ``(3) a person participating with a carrier or broker in a 
        violation may be joined in the civil action without regard to 
        the residence of the person.
  ``(c) Standing.--The Panel, through its own attorneys, may bring or 
participate in any civil action involving motor carrier undercharges.

``Sec. 14703. Enforcement by the Attorney General

  ``The Attorney General may, and on request of either the Secretary of 
Transportation or Intermodal Surface Transportation Panel shall, bring 
court proceedings--
          ``(1) to enforce this part or a regulation or order of the 
        Secretary or Panel or terms of registration under this part; 
        and
          ``(2) to prosecute a person violating this part or a 
        regulation or order of the Secretary or Panel or term of 
        registration under this part.

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

  ``(a) Enforcement of Order.--A person injured because a carrier or 
broker providing transportation or service subject to jurisdiction 
under chapter 135 does not obey an order of the Secretary or the Panel, 
as applicable, under this part, except an order for the payment of 
money, may bring a civil action to enforce that order under this 
subsection.
  ``(b) Liability and Damages.--
          ``(1) Liability for exceeding tariff rate.--A carrier 
        providing transportation or service subject to jurisdiction 
        under chapter 135 is liable to a person for amounts charged 
        that exceed the applicable rate for transportation or service 
        contained in a tariff in effect under section 13702 of this 
        title.
          ``(2) Damages for violations.--A carrier or broker providing 
        transportation or service subject to jurisdiction under chapter 
        135 is liable for damages sustained by a person as a result of 
        an act or omission of that carrier or broker in violation of 
        this part.
  ``(c) Election.--
          ``(1) Complaint to dot or panel; civil action.--A person may 
        file a complaint with the Panel or the Secretary, as 
        applicable, under section 14701(b) of this title or bring a 
        civil action under subsection (b)(1) or (2) of this section to 
        enforce liability against a carrier or broker providing 
        transportation or service subject to jurisdiction under chapter 
        135. A person may bring a civil action for injunctive relief 
        for violations of sections 14102 and 14103.
          ``(2) Order of dot or panel.--
                  ``(A) In general.--When the Panel or Secretary, as 
                applicable, makes an award under subsection (b) of this 
                section, the Panel or Secretary, as applicable, shall 
                order the carrier to pay the amount awarded by a 
                specific date. The Panel or Secretary, as applicable, 
                may order a carrier or broker providing transportation 
                or service subject to jurisdiction under chapter 135 to 
                pay damages only when the proceeding is on complaint.
                  ``(B) Enforcement by civil action.--The person for 
                whose benefit an order of the Panel or Secretary 
                requiring the payment of money is made may bring a 
                civil action to enforce that order under this paragraph 
                if the carrier or broker does not pay the amount 
                awarded by the date payment was ordered to be made.
  ``(d) Procedure.--
          ``(1) In general.--When a person begins a civil action under 
        subsection (b) of this section to enforce an order of the Panel 
        or Secretary requiring the payment of damages by a carrier or 
        broker providing transportation or service subject to 
        jurisdiction under chapter 135 of this title, the text of the 
        order of the Panel or Secretary must be included in the 
        complaint. In addition to the district courts of the United 
        States, a State court of general jurisdiction having 
        jurisdiction of the parties has jurisdiction to enforce an 
        order under this paragraph. The findings and order of the Panel 
        or Secretary are competent evidence of the facts stated in 
        them. Trial in a civil action brought in a district court of 
        the United States under this paragraph is in the judicial 
        district in which the plaintiff resides or in which the 
        principal operating office of the carrier or broker is located. 
        In a civil action under this paragraph, the plaintiff is liable 
        for only those costs that accrue on an appeal taken by the 
        plaintiff.
          ``(2) Parties.--All parties in whose favor the award was made 
        may be joined as plaintiffs in a civil action brought in a 
        district court of the United States under this subsection and 
        all the carriers that are parties to the order awarding damages 
        may be joined as defendants. Trial in the action is in the 
        judicial district in which any one of the plaintiffs could 
        bring the action against any one of the defendants. Process may 
        be served on a defendant at its principal operating office when 
        that defendant is not in the district in which the action is 
        brought. A judgment ordering recovery may be made in favor of 
        any of those plaintiffs against the defendant found to be 
        liable to that plaintiff.
          ``(3) Attorney's fees.--The district court shall award a 
        reasonable attorney's fee as a part of the damages for which a 
        carrier or broker is found liable under this subsection. The 
        district court shall tax and collect that fee as a part of the 
        costs of the action.

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

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

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

  ``(a) General Liability.--
          ``(1) Motor carriers and freight forwarders.--A carrier 
        providing transportation or service subject to jurisdiction 
        under subchapter I or III of chapter 135 shall issue a receipt 
        or bill of lading for property it receives for transportation 
        under this part. That carrier and any other carrier that 
        delivers the property and is providing transportation or 
        service subject to jurisdiction under subchapter I or III of 
        chapter 135 or chapter 105 are liable to the person entitled to 
        recover under the receipt or bill of lading. The liability 
        imposed under this paragraph is for the actual loss or injury 
        to the property caused by (A) the receiving carrier, (B) the 
        delivering carrier, or (C) another carrier over whose line or 
        route the property is transported in the United States or from 
        a place in the United States to a place in an adjacent foreign 
        country when transported under a through bill of lading and, 
        except in the case of a freight forwarder, applies to property 
        reconsigned or diverted under a tariff filed under section 
        13702 of this title. Failure to issue a receipt or bill of 
        lading does not affect the liability of a carrier. A delivering 
        carrier is deemed to be the carrier performing the line-haul 
        transportation nearest the destination but does not include a 
        carrier providing only a switching service at the destination.
          ``(2) Freight forwarder.--A freight forwarder is both the 
        receiving and delivering carrier. When a freight forwarder 
        provides service and uses a motor carrier providing 
        transportation subject to jurisdiction under subchapter I of 
        chapter 135 to receive property from a consignor, the motor 
        carrier may execute the bill of lading or shipping receipt for 
        the freight forwarder with its consent. With the consent of the 
        freight forwarder, a motor carrier may deliver property for a 
        freight forwarder on the freight forwarder's bill of lading, 
        freight bill, or shipping receipt to the consignee named in it, 
        and receipt for the property may be made on the freight 
        forwarder's delivery receipt.
  ``(b) Apportionment.--The carrier issuing the receipt or bill of 
lading under subsection (a) of this section or delivering the property 
for which the receipt or bill of lading was issued is entitled to 
recover from the carrier over whose line or route the loss or injury 
occurred the amount required to be paid to the owners of the property, 
as evidenced by a receipt, judgment, or transcript, and the amount of 
its expenses reasonably incurred in defending a civil action brought by 
that person.
  ``(c) Special Rules.--
          ``(1) Limitation of liability by contract.--A carrier may 
        limit or be exempt from liability imposed under subsection (a) 
        of this section by a mutual written agreement, that is referred 
        to in the receipt, bill of lading, or contract for the 
        transportation involved entered into with the shipper, to limit 
        liability to a specified amount.
          ``(2) Water carriers.--If loss or injury to property occurs 
        while it is in the custody of a water carrier, the liability of 
        that carrier is determined by its bill of lading and the law 
        applicable to water transportation. The liability of the 
        initial or delivering carrier is the same as the liability of 
        the water carrier.
  ``(d) Civil Actions.--
          ``(1) Against delivering carrier.--A civil action under this 
        section may be brought against a delivering carrier (other than 
        a rail carrier) in a district court of the United States or in 
        a State court. Trial, if the action is brought in a district 
        court of the United States is in a judicial district, and if in 
        a State court, is in a State through which the defendant 
        carrier operates.
          ``(2) Against carrier responsible for loss.--A civil action 
        under this section may be brought against the carrier alleged 
        to have caused the loss or damage, in the judicial district in 
        which such loss or damage is alleged to have occurred.
          ``(3) Jurisdiction of courts.--A civil action under this 
        section may be brought in a United States district court or in 
        a State court.
          ``(4) Judicial district defined.--In this section, `judicial 
        district' means--
                  ``(A) in the case of a United States district court, 
                a judicial district of the United States; and
                  ``(B) in the case of a State court, the applicable 
                geographic area over which such court exercises 
                jurisdiction.
  ``(e) Minimum Period for Filing Claims.--
          ``(1) In general.--A carrier may not provide by rule, 
        contract, or otherwise, a period of less than 9 months for 
        filing a claim against it under this section and a period of 
        less than 2 years for bringing a civil action against it under 
        this section. The period for bringing a civil action is 
        computed from the date the carrier gives a person written 
        notice that the carrier has disallowed any part of the claim 
        specified in the notice.
          ``(2) Special rules.--For the purposes of this subsection--
                  ``(A) an offer of compromise shall not constitute a 
                disallowance of any part of the claim unless the 
                carrier, in writing, informs the claimant that such 
                part of the claim is disallowed and provides reasons 
                for such disallowance; and
                  ``(B) communications received from a carrier's 
                insurer shall not constitute a disallowance of any part 
                of the claim unless the insurer, in writing, informs 
                the claimant that such part of the claim is disallowed, 
                provides reason for such disallowance, and informs the 
                claimant that the insurer is acting on behalf of the 
                carrier.
  ``(f) Limiting Liability of Household Goods Carriers to Declared 
Value.--A carrier or group of carriers subject to jurisdiction under 
subchapter I or III of chapter 135 may petition the Panel to modify, 
eliminate, or establish rates for the transportation of household goods 
under which the liability of the carrier for that property is limited 
to a value established by written declaration of the shipper or by a 
written agreement.
  ``(g) Modifications and Reforms.--
          ``(1) Study.--The Secretary shall conduct a study to 
        determine whether any modifications or reforms should be made 
        to the loss and damage provisions of this section.
          ``(2) Factors to consider.--In conducting the study, the 
        Secretary, at a minimum, shall consider--
                  ``(A) the efficient delivery of transportation 
                services;
                  ``(B) international and intermodal harmony;
                  ``(C) the public interest; and
                  ``(D) the interest of carriers and shippers.
          ``(3) Report.--Not later than 18 months after the effective 
        date of this section, the Secretary shall submit to Congress a 
        report on the results of the study, together with any 
        recommendations of the Secretary (including legislative 
        recommendations) for implementing modifications or reforms 
        identified by the Secretary as being appropriate.

``Sec. 14707. Private enforcement of registration requirement

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

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

  ``(a) Offering Shippers Arbitration.--As a condition of registration 
under section 13902 or 13903, a carrier providing transportation of 
household goods subject to jurisdiction under subchapter I or III of 
chapter 135 must agree to offer in accordance with this section to 
shippers of household goods arbitration as a means of settling disputes 
between such carriers and shippers of household goods concerning damage 
or loss to the household goods transported.
  ``(b) Arbitration Requirements.--
          ``(1) Prevention of special advantage.--The arbitration that 
        is offered must be designed to prevent a carrier from having 
        any special advantage in any case in which the claimant resides 
        or does business at a place distant from the carrier's 
        principal or other place of business.
          ``(2) Notice of arbitration procedure.--The carrier must 
        provide the shipper an adequate notice of the availability of 
        neutral arbitration, including a concise easy-to-read, accurate 
        summary of the arbitration procedure, any applicable fees, and 
        disclosure of the legal effects of election to utilize 
        arbitration. Such notice must be given to persons for whom 
        household goods are to be transported by the carrier before 
        such goods are tendered to the carrier for transportation.
          ``(3) Provision of forms.--Upon request of a shipper, the 
        carrier must promptly provide such forms and other information 
        as are necessary for initiating an action to resolve a dispute 
        under arbitration.
          ``(4) Independence of arbitrator.--Each person authorized to 
        arbitrate or otherwise settle disputes must be independent of 
        the parties to the dispute and must be capable, as determined 
        under such regulations as the Secretary may issue, to resolve 
        such disputes fairly and expeditiously. The carrier must ensure 
        that each person chosen to settle the disputes is authorized 
        and able to obtain from the shipper or carrier any material and 
        relevant information to the extent necessary to carry out a 
        fair and expeditious decision making process.
          ``(5) Limitation on fees.--No fee of more than $25 may be 
        charged a shipper for instituting an arbitration proceeding 
        under this subsection. In any case in which a shipper is 
        charged a fee under this paragraph for instituting an 
        arbitration proceeding and such dispute is settled in favor of 
        the shipper, the person settling the dispute must refund such 
        fee to the shipper unless the person settling the dispute 
        determines that such refund is inappropriate.
          ``(6) Requests.--The carrier must not require the shipper to 
        agree to utilize arbitration prior to the time that a dispute 
        arises. If the dispute involves a claim for $1,000 or less and 
        the shipper requests arbitration, such arbitration shall be 
        binding on the parties. If the dispute involves a claim for 
        more than $1,000 and the shipper requests arbitration, such 
        arbitration shall be binding on the parties only if the carrier 
        agrees to arbitration.
          ``(7) Oral presentation of evidence.--The arbitrator may 
        provide for an oral presentation of a dispute concerning 
        transportation of household goods by a party to the dispute (or 
        a party's representative), but such oral presentation may be 
        made only if all parties to the dispute expressly agree to such 
        presentation and the date, time, and location of such 
        presentation.
          ``(8) Deadline for decision.--The arbitrator must, as 
        expeditiously as possible but at least within 60 days of 
        receipt of written notification of the dispute, render a 
        decision based on the information gathered; except that, in any 
        case in which a party to the dispute fails to provide in a 
        timely manner any information concerning such dispute which the 
        person settling the dispute may reasonably require to resolve 
        the dispute, the arbitrator may extend such 60-day period for a 
        reasonable period of time. A decision resolving a dispute may 
        include any remedies appropriate under the circumstances, 
        including repair, replacement, refund, reimbursement for 
        expenses, and compensation for damages.
  ``(c) Limitation on Use of Materials.--Materials and information 
obtained in the course of a decision making process to settle a dispute 
by arbitration under this section may not be used to bring an action 
under section 14905.
  ``(d) Attorney's Fees to Shippers.--In any court action to resolve a 
dispute between a shipper of household goods and a motor carrier 
providing transportation or service subject to jurisdiction under 
subchapter I or III of chapter 135 concerning the transportation of 
household goods by such carrier, the shipper shall be awarded 
reasonable attorney's fees if--
          ``(1) the shipper submits a claim to the carrier within 120 
        days after the date the shipment is delivered or the date the 
        delivery is scheduled, whichever is later;
          ``(2) the shipper prevails in such court action; and
          ``(3)(A) a decision resolving the dispute was not rendered 
        through arbitration under this section within the period 
        provided under subsection (b)(8) of this section or an 
        extension of such period under such subsection; or
          ``(B) the court proceeding is to enforce a decision rendered 
        through arbitration under this section and is instituted after 
        the period for performance under such decision has elapsed.
  ``(e) Attorney's Fees to Carriers.--In any court action to resolve a 
dispute between a shipper of household goods and a carrier providing 
transportation, or service subject to jurisdiction under subchapter I 
or III of chapter 135 concerning the transportation of household goods 
by such carrier, such carrier may be awarded reasonable attorney's fees 
by the court only if the shipper brought such action in bad faith--
          ``(1) after resolution of such dispute through arbitration 
        under this section; or
          ``(2) after institution of an arbitration proceeding by the 
        shipper to resolve such dispute under this section but before--
                  ``(A) the period provided under subsection (b)(8) for 
                resolution of such dispute (including, if applicable, 
                an extension of such period under such subsection) 
                ends; and
                  ``(B) a decision resolving such dispute is rendered.
  ``(f) Limitation of Applicability to Collect-on-Delivery 
Transportation.--The provisions of this section shall apply only in the 
case of collect-on-delivery transportation of those types of household 
goods.

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

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

              ``CHAPTER 149--CIVIL AND CRIMINAL PENALTIES

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

``Sec. 14901. General civil penalties

  ``(a) Reporting and Recordkeeping.--A person required to make a 
report to the Secretary or the Panel, answer a question, or make, 
prepare, or preserve a record under this part concerning transportation 
subject to jurisdiction under subchapter I or III of chapter 135 or 
transportation by a foreign carrier registered under section 13902, or 
an officer, agent, or employee of that person that--
          ``(1) does not make the report;
          ``(2) does not specifically, completely, and truthfully 
        answer the question;
          ``(3) does not make, prepare, or preserve the record in the 
        form and manner prescribed;
          ``(4) does not comply with section 13901; or
          ``(5) does not comply with section 13902(c);
is liable to the United States Government for a civil penalty of not 
less than $500 for each violation and for each additional day the 
violation continues; except that, in the case of a person who is not 
registered under this part to provide transportation of passengers, or 
an officer, agent, or employee of such person, that does not comply 
with section 13901 with respect to providing transportation of 
passengers, the amount of the civil penalty shall not be less than 
$2,000 for each violation and for each additional day the violation 
continues.
  ``(b) Transportation of Hazardous Wastes.--A person subject to 
jurisdiction under subchapter I of chapter 135, or an officer, agent, 
or employee of that person, and who is required to comply with section 
13901 of this title but does not so comply with respect to the 
transportation of hazardous wastes as defined by the Environmental 
Protection Agency pursuant to section 3001 of the Solid Waste Disposal 
Act (but not including any waste the regulation of which under the 
Solid Waste Disposal Act has been suspended by Congress) shall be 
liable to the United States for a civil penalty not to exceed $20,000 
for each violation.
  ``(c) Factors To Consider in Determining Amount.--In determining and 
negotiating the amount of a civil penalty under subsection (a) or (d) 
concerning transportation of household goods, the degree of 
culpability, any history of prior such conduct, the degree of harm to 
shipper or shippers, ability to pay, the effect on ability to do 
business, whether the shipper has been adequately compensated before 
institution of the proceeding, and such other matters as fairness may 
require shall be taken into account.
  ``(d) Protection of Household Goods Shippers.--If a carrier providing 
transportation of household goods subject to jurisdiction under 
subchapter I or III of chapter 135 or a receiver or trustee of such 
carrier fails or refuses to comply with any regulation issued by the 
Secretary or the Panel relating to protection of individual shippers, 
such carrier, receiver, or trustee is liable to the United States for a 
civil penalty of not less than $1,000 for each violation and for each 
additional day during which the violation continues.
  ``(e) Violation Relating to Transportation of Household Goods.--Any 
person that knowingly engages in or knowingly authorizes an agent or 
other person--
          ``(1) to falsify documents used in the transportation of 
        household goods subject to jurisdiction under subchapter I or 
        III of chapter 135 which evidence the weight of a shipment; or
          ``(2) to charge for accessorial services which are not 
        performed or for which the carrier is not entitled to be 
        compensated in any case in which such services are not 
        reasonably necessary in the safe and adequate movement of the 
        shipment;
is liable to the United States for a civil penalty of not less than 
$2,000 for each violation and of not less than $5,000 for each 
subsequent violation. Any State may bring a civil action in the United 
States district courts to compel a person to pay a civil penalty 
assessed under this subsection.
  ``(f) Venue.--Trial in a civil action under subsections (a) through 
(e) of this section is in the judicial district in which--
          ``(1) the carrier or broker has its principal office;
          ``(2) the carrier or broker was authorized to provide 
        transportation or service under this part when the violation 
        occurred;
          ``(3) the violation occurred; or
          ``(4) the offender is found.
Process in the action may be served in the judicial district of which 
the offender is an inhabitant or in which the offender may be found.

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

  ``A person--
          ``(1) delivering property to a carrier providing 
        transportation or service subject to jurisdiction under chapter 
        135 for transportation under this part or for whom that carrier 
        will transport the property as consignor or consignee for that 
        person from a State or territory or possession of the United 
        States to another State or possession, territory, or to a 
        foreign country; and
          ``(2) knowingly accepting or receiving by any means a rebate 
        or offset against the rate for transportation for, or service 
        of, that property contained in a tariff required under section 
        13702;
is liable to the United States Government for a civil penalty in an 
amount equal to 3 times the amount of money that person accepted or 
received as a rebate or offset and 3 times the value of other 
consideration accepted or received as a rebate or offset. In a civil 
action under this section, all money or other consideration received by 
the person during a period of 6 years before an action is brought under 
this section may be included in determining the amount of the penalty, 
and if that total amount is included, the penalty shall be 3 times that 
total amount.

``Sec. 14903. Tariff violations

  ``(a) Criminal Penalty for Undercharging.--A person that knowingly 
offers, grants, gives, solicits, accepts, or receives by any means 
transportation or service provided for property by a carrier subject to 
jurisdiction under chapter 135 at less than the rate in effect under 
section 13702 shall be fined at least $1,000 but not more than $20,000, 
imprisoned for not more than 2 years, or both.
  ``(b) General Criminal Penalty.--A carrier providing transportation 
or service subject to jurisdiction under chapter 135 or an officer, 
director, receiver, trustee, lessee, agent, or employee of a 
corporation that is subject to jurisdiction under that chapter, that 
willfully does not observe its tariffs as required under section 13702, 
shall be fined at least $1,000 but not more than $20,000, imprisoned 
for not more than 2 years, or both.
  ``(c) Actions of Agents and Employees.--When acting in the scope of 
their employment, the actions and omissions of persons acting for or 
employed by a carrier or shipper that is subject to subsection (a) or 
(b) of this section are considered to be the actions and omissions of 
that carrier or shipper as well as that person.
  ``(d) Venue.--Trial in a criminal action under this section is in the 
judicial district in which any part of the violation is committed or 
through which the transportation is conducted.

``Sec. 14904. Additional rate violations

  ``(a) Rebates by Agents.--A person, or an officer, employee, or agent 
of that person, that--
          ``(1) knowingly offers, grants, gives, solicits, accepts, or 
        receives a rebate for concession, in violation of a provision 
        of this part related to motor carrier transportation subject to 
        jurisdiction under subchapter I of chapter 135; or
          ``(2) by any means knowingly and willfully assists or permits 
        another person to get transportation that is subject to 
        jurisdiction under that subchapter at less than the rate in 
        effect for that transportation under section 13702,
shall be fined at least $200 for the first violation and at least $250 
for a subsequent violation.
  ``(b) Undercharging.--
          ``(1) Freight forwarder.--A freight forwarder providing 
        service subject to jurisdiction under subchapter III of chapter 
        135, or an officer, agent, or employee of that freight 
        forwarder, that knowingly and willfully assists a person in 
        getting, or willingly permits a person to get, service provided 
        under that subchapter at less than the rate in effect for that 
        service under section 13702, shall be fined not more than $500 
        for the first violation and not more than $2,000 for a 
        subsequent violation.
          ``(2) Agents and others.--A person that knowingly and 
        willfully by any means gets, or attempts to get, service 
        provided under subchapter III of chapter 135 at less than the 
        rate in effect for that service under section 13702, shall be 
        fined not more than $500 for the first violation and not more 
        than $2,000 for a subsequent violation.

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

  ``(a) Civil Penalties.--Any person who knowingly authorizes, consents 
to, or permits a violation of subsection (a) or (b) of section 14103 or 
who knowingly violates subsection (a) of such section is liable to the 
United States Government for a civil penalty of not more than $10,000 
for each violation.
  ``(b) Criminal Penalties.--Any person who knowingly violates section 
14103(b) of this title shall be fined not more than $10,000, imprisoned 
for not more than 2 years, or both.

``Sec. 14906. Evasion of regulation of carriers and brokers

  ``A person, or an officer, employee, or agent of that person that by 
any means knowingly and willfully tries to evade regulation provided 
under this part for carriers or brokers shall be fined at least $200 
for the first violation and at least $250 for a subsequent violation.

``Sec. 14907. Record keeping and reporting violations

  ``A person required to make a report to the Secretary or the Panel, 
as applicable, answer a question, or make, prepare, or preserve a 
record under this part about transportation subject to jurisdiction 
under subchapter I or III of chapter 135, or an officer, agent, or 
employee of that person, that--
          ``(1) willfully does not make that report;
          ``(2) willfully does not specifically, completely, and 
        truthfully answer that question in 30 days from the date the 
        Secretary or Panel, as applicable, requires the question to be 
        answered;
          ``(3) willfully does not make, prepare, or preserve that 
        record in the form and manner prescribed;
          ``(4) knowingly and willfully falsifies, destroys, mutilates, 
        or changes that report or record;
          ``(5) knowingly and willfully files a false report or record;
          ``(6) knowingly and willfully makes a false or incomplete 
        entry in that record about a business related fact or 
        transaction; or
          ``(7) knowingly and willfully makes, prepares, or preserves a 
        record in violation of an applicable regulation or order of the 
        Secretary or Panel;
shall be fined not more than $5,000.

``Sec. 14908. Unlawful disclosure of information

  ``(a) Disclosure of Shipment and Routing Information.--
          ``(1) Violations.--A carrier or broker providing 
        transportation subject to jurisdiction under subchapter I, II, 
        or III of chapter 135 or an officer, receiver, trustee, lessee, 
        or employee of that carrier or broker, or another person 
        authorized by that carrier or broker to receive information 
        from that carrier or broker may not knowingly disclose to 
        another person, except the shipper or consignee, and another 
        person may not solicit, or knowingly receive, information about 
        the nature, kind, quantity, destination, consignee, or routing 
        of property tendered or delivered to that carrier or broker for 
        transportation provided under this part without the consent of 
        the shipper or consignee if that information may be used to the 
        detriment of the shipper or consignee or may disclose 
        improperly to a competitor the business transactions of the 
        shipper or consignee.
          ``(2) Fine; venue.--A person violating paragraph (1) of this 
        subsection shall be fined not less than $2,000. Trial in a 
        criminal action under this paragraph is in the judicial 
        district in which any part of the violation is committed.
  ``(b) Limitation on Statutory Construction.--This part does not 
prevent a carrier or broker providing transportation subject to 
jurisdiction under chapter 135 from giving information--
          ``(1) in response to legal process issued under authority of 
        a court of the United States or a State;
          ``(2) to an officer, employee, or agent of the United States 
        Government, a State, or a territory or possession of the United 
        States; or
          ``(3) to another carrier or its agent to adjust mutual 
        traffic accounts in the ordinary course of business.

``Sec. 14909. Disobedience to subpoenas

  ``A person not obeying a subpoena or requirement of the Secretary or 
the Panel to appear and testify or produce records shall be fined not 
less than $5,000, imprisoned for not more than 1 year, or both.

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

  ``When another criminal penalty is not provided under this chapter, a 
person that knowingly and willfully violates a provision of this part 
or a regulation or order prescribed under this part, or a condition of 
a registration under this part related to transportation that is 
subject to jurisdiction under subchapter I or III of chapter 135 or a 
condition of a registration under section 13902, shall be fined at 
least $500 for the first violation and at least $500 for a subsequent 
violation. A separate violation occurs each day the violation 
continues.

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

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

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

  ``(a) Weight-Bumping Defined.--For the purposes of this section, 
`weight-bumping' means the knowing and willful making or securing of a 
fraudulent weight on a shipment of household goods which is subject to 
jurisdiction under subchapter I or III of chapter 135.
  ``(b) Penalty.--Any individual who has been found to have committed 
weight-bumping shall, for each offense, be fined at least $1,000 but 
not more than $10,000, imprisoned for not more than 2 years, or both.

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

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

SEC. 104. MISCELLANEOUS MOTOR CARRIER PROVISIONS.

  (a) Multiple Insurers.--Section 31138(c) of title 49, United States 
Code, is amended by adding at the end thereof the following new 
paragraph:
  ``(3) A motor carrier may obtain the required amount of financial 
responsibility from more than one source provided the cumulative amount 
is equal to the minimum requirements of this section.''.
  (b) Minimum Financial Responsibility Requirements With Respect to 
Certain Mass Transportation Service.--Section 31138(e) is amended--
          (1) by striking ``or'' at the end of paragraph (2);
          (2) by striking the period at the end of paragraph (3) and 
        inserting ``; or''; and
          (3) by adding at the end the following:
          ``(4) providing mass transportation service within a transit 
        service area in other than urbanized areas under an agreement 
        with a State or local government funded, in whole or in part, 
        with a grant under section 5310 or 5311, including 
        transportation designed and carried out to meet the special 
        needs of elderly individuals and individuals with disabilities; 
        provided that, in any case in which the transit service area is 
        located in more than 1 State, the minimum level of financial 
        responsibility for such motor vehicle will be at least the 
        highest level required for any of such States.''.
  (c) Transporters of Property.--Section 31139(e) of such title is 
amended by adding at the end thereof the following:
  ``(3) A motor carrier may obtain the required amount of financial 
responsibility from more than one source provided the cumulative amount 
is equal to the minimum requirements of this section.''.
  (d) Commercial Motor Vehicle Defined.--Section 31132(1) of such title 
is amended--
          (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
          (2) by striking subparagraph (B) and inserting the following:
                  ``(B) is designed or used to transport passengers for 
                compensation, but excluding vehicles providing taxicab 
                service and having a capacity of not more than 6 
                passengers and not operated on a regular route or 
                between specified places;
                  ``(C) is designed or used to transport more than 15 
                passengers, including the driver, and is not used to 
                transport passengers for compensation; or''.
  (e) Self-Insurance Rules.--The Secretary of Transportation shall 
continue to enforce the rules and regulations of the Interstate 
Commerce Commission, as in effect on July 1, 1995, governing the 
qualifications for approval of a motor carrier as a self-insurer, until 
such time as the Secretary finds it in the public interest to revise 
such rules. The revised rules must provide for--
          (1) continued ability of motor carriers to qualify as self-
        insurers; and
          (2) the continued qualification of all carriers then so 
        qualified under the terms and conditions set by the Interstate 
        Commerce Commission or Secretary at the time of qualification.
  (f) Automobile Transporters Defined.--The Secretary of Transportation 
shall issue a regulation amending the definition of automobile 
transporters under part 658 of title 23, Code of Federal Regulations, 
to mean any vehicle combination designed and used specifically for the 
transport of assembled (capable of being driven) highway vehicles, race 
car transporters, or specialty trailers designed for the racing 
industry with a 10-foot 1-inch spread axle setting.

              TITLE II--TRANSPORTATION ADJUDICATION PANEL

SEC. 201. TITLE 49 AMENDMENT.

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

             ``CHAPTER 7--TRANSPORTATION ADJUDICATION PANEL

                     ``SUBCHAPTER I--ESTABLISHMENT

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

                    ``SUBCHAPTER II--ADMINISTRATIVE

``721. Powers.
``722. Panel action.
``723. Service of notice in Panel proceedings.
``724. Service of process in court proceedings.
``725. National organization of State commissions.
``726. Administrative support.
``727. Definitions.

                     ``SUBCHAPTER I--ESTABLISHMENT

``Sec. 701. Establishment of Panel

  ``(a) Establishment.--There is hereby established within the 
Department of Transportation the Transportation Adjudication Panel.
  ``(b) Membership.--(1) The Panel shall consist of 3 members, to be 
appointed by the President, by and with the advice and consent of the 
Senate. Not more than 2 members may be appointed from the same 
political party.
  ``(2) At any given time, at least 2 members of the Panel shall be 
individuals with professional standing and demonstrated knowledge in 
the fields of transportation or transportation regulation, and at least 
one member shall be an individual with professional or business 
experience in the private sector.
  ``(3) The term of each member of the Panel shall be 5 years and shall 
begin when the term of the predecessor of that member ends. An 
individual appointed to fill a vacancy occurring before the expiration 
of the term for which the predecessor of that individual was appointed, 
shall be appointed for the remainder of that term. When the term of 
office of a member ends, the member may continue to serve until a 
successor is appointed and qualified, but for a period not to exceed 
one year. The President may remove a member for inefficiency, neglect 
of duty, or malfeasance in office.
  ``(4) On the effective date of this section, the members of the 
Interstate Commerce Commission then serving unexpired terms shall 
become members of the Panel, to serve for a period of time equal to the 
remainder of the term for which they were originally appointed to the 
Interstate Commerce Commission.
  ``(5) No individual may serve as a member of the Panel for more than 
2 terms. In the case of an individual who becomes a member of the Panel 
pursuant to paragraph (4), or an individual appointed to fill a vacancy 
occurring before the expiration of the term for which the predecessor 
of that individual was appointed, such individual may not be appointed 
for more than one additional term.
  ``(6) A member of the Panel may not have a pecuniary interest in, 
hold an official relation to, or own stock in or bonds of, a carrier 
providing transportation by any mode and may not engage in another 
business, vocation, or employment.
  ``(7) A vacancy in the membership of the Panel does not impair the 
right of the remaining members to exercise all of the powers of the 
Panel. The Panel may designate a member to act as Director during any 
period in which there is no Director designated by the President.
  ``(c) Director.--(1) There shall be at the head of the Panel a 
Director, who shall be designated by the President from among the 
members of the Panel. The Director shall receive compensation at the 
rate prescribed for level III of the Executive Schedule under section 
5314 of title 5.
  ``(2) Subject to the general policies, decisions, findings, and 
determinations of the Panel the Director shall be responsible for 
administering the Panel. The Director may delegate the powers granted 
under this paragraph to an officer, employee, or office of the Panel. 
The Director shall--
          ``(A) appoint and supervise, other than regular and full time 
        employees in the immediate offices of another member, the 
        officers and employees of the Panel, including attorneys to 
        provide legal aid and service to the Panel and its members, and 
        to represent the Panel in any case in court;
          ``(B) appoint the heads of offices with the approval of the 
        Panel;
          ``(C) distribute Panel responsibilities among officers and 
        employees and offices of the Panel;
          ``(D) prepare requests for appropriations for the Panel and 
        submit those requests to the President and Congress with the 
        prior approval of the Panel; and
          ``(E) supervise the expenditure of funds allocated by the 
        Panel for major programs and purposes.

``Sec. 702. Functions

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

``Sec. 703. Administrative provisions

  ``(a) Executive Reorganization.--Chapter 9 of title 5, United States 
Code, shall apply to the Panel in the same manner as it does to an 
independent regulatory agency.
  ``(b) Open Meetings.--For purposes of section 552b of title 5, United 
States Code, the Panel shall be deemed to be an agency.
  ``(c) Independence.--In the performance of their functions, the 
members, employees, and other personnel of the Panel shall not be 
responsible to or subject to the supervision or direction of any 
officer, employee, or agent of any other part of the Department of 
Transportation.
  ``(d) Representation by Attorneys.--Attorneys designated by the 
Director of the Panel may appear for, and represent the Panel in, any 
civil action brought in connection with any function carried out by the 
Panel pursuant to this chapter or subtitle IV or as otherwise 
authorized by law.
  ``(e) Admission to Practice.--Subject to section 500 of title 5, the 
Panel may regulate the admission of individuals to practice before it 
and may impose a reasonable admission fee.
  ``(f) Budget Requests.--In each annual request for appropriations by 
the President, the Secretary of Transportation shall identify the 
portion thereof intended for the support of the Panel and include a 
statement by the Panel--
          ``(1) showing the amount requested by the Panel in its 
        budgetary presentation to the Secretary and the Office of 
        Management and Budget; and
          ``(2) an assessment of the budgetary needs of the Panel.
  ``(g) Direct Transmittal to Congress.--The Panel shall transmit to 
Congress copies of budget estimates, requests, and information 
(including personnel needs), legislative recommendations, prepared 
testimony for congressional hearings, and comments on legislation at 
the same time they are sent to the Secretary of Transportation. An 
officer of an agency may not impose conditions on or impair 
communications by the Panel with Congress, or a committee or member of 
Congress, about the information.

``Sec. 704. Annual report

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

``Sec. 705. Authorization of appropriations

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

``Sec. 706. Reporting official action

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

                    ``SUBCHAPTER II--ADMINISTRATIVE

``Sec. 721. Powers

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

``Sec. 722. Panel action

  ``(a) Unless otherwise provided in subtitle IV, the Panel may 
determine, within a reasonable time, when its actions, other than an 
action ordering the payment of money, take effect.
  ``(b) An action of the Panel remains in effect under its own terms or 
until superseded. The Panel may change, suspend, or set aside any such 
action on notice. Notice may be given in a manner determined by the 
Panel. A court of competent jurisdiction may suspend or set aside any 
such action.
  ``(c) The Panel may, at any time on its own initiative because of 
material error, new evidence, or substantially changed circumstances--
          ``(1) reopen a proceeding;
          ``(2) grant rehearing, reargument, or reconsideration of an 
        action of the Panel; or
          ``(3) change an action of the Panel.
An interested party may petition to reopen and reconsider an action of 
the Panel under this subsection under regulations of the Panel.
  ``(d) Notwithstanding subtitle IV, an action of the Panel under this 
section is final on the date on which it is served, and a civil action 
to enforce, enjoin, suspend, or set aside the action may be filed after 
that date.

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

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

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

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

``Sec. 725. National organization of State commissions

  ``The Administrator of General Services shall assign space and 
facilities for the use of the national organization of the State 
commissions and their representatives. The space and facilities shall 
be available for the use of the State commissions and their 
representatives cooperating with the Panel or with another department, 
agency, or instrumentality of the United States Government. The rental 
for such space shall be paid by the national organization's Federal 
agency members other than the Panel.

``Sec. 726. Administrative support

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

``Sec. 727. Definitions

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

  ``7.  TRANSPORTATION ADJUDICATION PANEL                        701''.

SEC. 202. REORGANIZATION.

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

SEC. 203. TRANSFER OF ASSETS.

  Except as otherwise provided in this Act and the amendments made by 
this Act, so much of the personnel, property, records, and unexpended 
balances of appropriations, allocations, and other funds employed, 
used, held, available, or to be made available in connection with a 
function transferred to the Panel by this Act shall be available to the 
Panel at such time or times as the President directs for use in 
connection with the functions transferred.

SEC. 204. SAVING PROVISIONS.

  (a) Legal Documents.--All orders, determinations, rules, regulations, 
permits, grants, loans, contracts, agreements, certificates, licenses, 
and privileges--
          (1) that have been issued, made, granted, or allowed to 
        become effective by the President, the Interstate Commerce 
        Commission, any officer or employee of the Interstate Commerce 
        Commission, or any other Government official, or by a court of 
        competent jurisdiction, in the performance of any function that 
        is transferred by this Act or the amendments made by this Act; 
        and
          (2) that are in effect on the effective date of such transfer 
        (or become effective after such date pursuant to their terms as 
        in effect on such effective date),
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Panel, any other authorized official, a court of 
competent jurisdiction, or operation of law.
  (b) Proceedings.--(1) Except as provided in paragraph (2), the Panel 
shall assume responsibility for the continuation of all proceedings 
pending before the Interstate Commerce Commission, and shall complete 
such proceedings in accordance with law and regulations as in effect 
before the date of the enactment of this Act.
  (2) In the case of a proceeding under a provision of law repealed, 
and not reenacted, by this Act, such proceeding shall be terminated.
  (c) Suits.--(1) This Act shall not affect suits commenced before the 
date of the enactment of this Act, except that the Panel shall assume 
the position of the Interstate Commerce Commission, and, except as 
provided in paragraph (2), in all such suits, proceeding shall be had, 
appeals taken, and judgments rendered in the same manner and with the 
same effect as if this Act had not been enacted.
  (2) If the court in a suit described in paragraph (1) remands a case 
to the Panel, subsequent proceedings related to such case shall proceed 
in accordance with applicable law and regulations as in effect at the 
time of such subsequent proceedings.
  (d) Exercise of Authorities.--Except as otherwise provided by law, an 
officer or employee of the Panel may, for purposes of performing a 
function transferred by this Act or the amendments made by this Act, 
exercise all authorities under any other provision of law that were 
available with respect to the performance of that function to the 
official responsible for the performance of the function immediately 
before the effective date of the transfer of the function under this 
Act or the amendments made by this Act.

SEC. 205. REFERENCES.

  Any reference to the Interstate Commerce Commission in any other 
Federal law, Executive order, rule, regulation, or delegation of 
authority, or any document of or pertaining to the Interstate Commerce 
Commission or an officer or employee of the Interstate Commerce 
Commission, is deemed to refer to the Panel or a member or employee of 
the Panel, as appropriate.

                    TITLE III--CONFORMING AMENDMENTS

              Subtitle A--Amendments to United States Code

SEC. 301. TITLE 5 AMENDMENTS.

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

SEC. 302. TITLE 11 AMENDMENTS.

  Subchapter IV of chapter 11 of title 11, United States Code, is 
amended--
          (1) by amending section 1162 to read as follows:

``Sec. 1162. Definition

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

SEC. 303. TITLE 18 AMENDMENT.

  Section 6001(1) of title 18, United States Code, is amended by 
striking ``Interstate Commerce Commission'' and inserting in lieu 
thereof ``Transportation Adjudication Panel''.

SEC. 304. INTERNAL REVENUE CODE OF 1986 AMENDMENTS.

  (a) Section 3231.--Section 3231 of the Internal Revenue Code of 1986 
is amended--
          (1) by striking ``Interstate Commerce Commission'' in 
        subsection (a) and inserting in lieu thereof ``Transportation 
        Adjudication Panel''; and
          (2) by striking ``an express carrier, sleeping car carrier, 
        or'' in subsection (g) and inserting in lieu thereof ``a''.
  (b) Section 7701.--Section 7701 of the Internal Revenue Code of 1986 
is amended--
          (1) in paragraph (33)(B), by striking ``Federal Power 
        Commission'' and inserting in lieu thereof ``Federal Energy 
        Regulatory Commission'';
          (2) in paragraph (33)(C)(i), by striking ``Interstate 
        Commerce Commission'' and inserting in lieu thereof 
        ``Transportation Adjudication Panel'';
          (3) in paragraph (33)(C)(ii), by striking ``Interstate 
        Commerce Commission'' and inserting in lieu thereof ``Federal 
        Energy Regulatory Commission'';
          (4) in paragraph (33)(F), by striking ``Interstate Commerce 
        Commission under subchapter III of chapter 105'' and inserting 
        in lieu thereof ``Transportation Adjudication Panel under 
        subchapter II of chapter 135'';
          (5) in paragraph (33)(G), by striking ``subchapter I of 
        chapter 105'' and inserting in lieu thereof ``part A of 
        subtitle IV''; and
          (6) in paragraph (33)(H), by striking ``subchapter I of 
        chapter 105'' and inserting in lieu thereof ``part A of 
        subtitle IV''.

SEC. 305. TITLE 28 AMENDMENTS.

  (a) Chapter 157 Amendments.--(1) Chapter 157 of title 28, United 
States Code, is amended--
          (A) by striking ``INTERSTATE COMMERCE COMMISSION'' in the 
        chapter heading and inserting in lieu thereof ``TRANSPORTATION 
        ADJUDICATION PANEL'';
          (B) by striking ``Commission's'' in the section heading of 
        section 2321 and inserting in lieu thereof ``Panel's'';
          (C) by striking ``Interstate Commerce Commission'' each place 
        it appears and inserting in lieu thereof ``Transportation 
        Adjudication Panel''; and
          (D) by striking ``Commission'' each place it appears and 
        inserting in lieu thereof ``Panel''.
  (2)(A) The item relating to chapter 157 in the table of chapters of 
title 28, United States Code, is amended by striking ``Interstate 
Commerce Commission'' and inserting in lieu thereof ``Transportation 
Adjudication Panel''.
  (B) The item relating to section 2321 in the table of sections of 
chapter 157 of title 28, United States Code, is amended by striking 
``Commission's'' and inserting in lieu thereof ``Panel's''.
  (b) Chapter 158 Amendments.--Chapter 158 of title 28, United States 
Code, is amended--
          (1) by striking ``the Interstate Commerce Commission,'' in 
        section 2341(3)(A);
          (2) by striking ``and'' at the end of section 2341(3)(C);
          (3) by striking the period at the end of section 2341(3)(D) 
        and inserting in lieu thereof ``; and'';
          (4) by inserting at the end of section 2341(3) the following 
        new subparagraph:
                  ``(E) the Panel, when the order was entered by the 
                Transportation Adjudication Panel.''; and
          (5) in section 2342, by--
                  (A) inserting ``or pursuant to part B of subtitle IV 
                of title 49, United States Code'' before the semicolon 
                at the end of paragraph (3)(A); and
                  (B) striking paragraph (5) and inserting the 
                following:
          ``(5) all rules, regulations, or final orders of the 
        Transportation Adjudication Panel made reviewable by section 
        2321 of this title; and''.

SEC. 306. TITLE 39 AMENDMENTS.

  Title 39, United States Code, is amended--
          (1) in section 5005(b)(3), by striking ``Interstate Commerce 
        Commission'' and inserting in lieu thereof ``Transportation 
        Adjudication Panel''; and
          (2) in chapter 52--
                  (A) by amending paragraph (1) of section 5201 to read 
                as follows:
          ``(1) `Panel' means the Transportation Adjudication Panel;'';
                  (B) by striking subsection (f) of section 5203, and 
                redesignating subsection (g) of such section as 
                subsection (f);
                  (C) in subsection (f) of section 5203, as so 
                redesignated by subparagraph (B) of this paragraph, by 
                striking ``Commission'' and inserting in lieu thereof 
                ``Panel'';
                  (D) by striking ``Interstate Commerce Commission'' in 
                the section heading of section 5207 and inserting in 
                lieu thereof ``Transportation Adjudication Panel'';
                  (E) by striking ``Commission's'' in sections 5208(a) 
                and 5215(a) and inserting in lieu thereof ``Panel's'';
                  (F) by striking ``Commission'' each place it appears 
                and inserting in lieu thereof ``Panel''; and
                  (G) in the item relating to section 5207 in the table 
                of sections, by striking ``Interstate Commerce 
                Commission'' and inserting in lieu thereof 
                ``Transportation Adjudication Panel''.

SEC. 307. TITLE 49 AMENDMENTS.

  Title 49, United States Code, is amended--
          (1) in section 22106(e)(1) by striking ``an application for 
        abandonment of'' and inserting in lieu thereof ``a notice of 
        intent to abandon''; and
          (2) by repealing subsection (d) of section 24705.

                      Subtitle B--Other Amendments

SEC. 311. AGRICULTURAL ADJUSTMENT ACT OF 1938 AMENDMENT.

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

SEC. 312. ANIMAL WELFARE ACT AMENDMENT.

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

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

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

SEC. 314. FAIR CREDIT REPORTING ACT AMENDMENT.

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

SEC. 315. EQUAL CREDIT OPPORTUNITY ACT AMENDMENT.

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

SEC. 316. FAIR DEBT COLLECTION PRACTICES ACT AMENDMENT.

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

SEC. 317. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.

  The National Trails System Act is amended--
          (1) in section 8(d)--
                  (A) by striking ``Chairman of the Interstate Commerce 
                Commission'' and inserting in lieu thereof ``Director 
                of the Transportation Adjudication Panel''; and
                  (B) by striking ``Commission'' and inserting in lieu 
                thereof ``Panel''; and
          (2) in section 9(b), by striking ``Interstate Commerce 
        Commission'' and inserting in lieu thereof ``Transportation 
        Adjudication Panel''.

SEC. 318. CLAYTON ACT AMENDMENTS.

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

SEC. 319. INSPECTOR GENERAL ACT OF 1978 AMENDMENT.

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

SEC. 320. ENERGY POLICY ACT OF 1992 AMENDMENTS.

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

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

  The Merchant Marine Act, 1920, is amended--
          (1) in section 8 (46 U.S.C. App. 867)--
                  (A) by striking ``Interstate Commerce Commission'' 
                both places it appears and inserting in lieu thereof 
                ``Transportation Adjudication Panel''; and
                  (B) by striking ``commission'' and inserting in lieu 
                thereof ``board''; and
          (2) in section 28 (46 U.S.C. App. 884)--
                  (A) by striking ``Interstate Commerce Commission'' 
                and inserting in lieu thereof ``Transportation 
                Adjudication Panel''; and
                  (B) by striking ``commission'' each place it appears 
                and inserting in lieu thereof ``Panel''.

SEC. 322. RAILWAY LABOR ACT AMENDMENTS.

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

SEC. 323. RAILROAD RETIREMENT ACT OF 1974 AMENDMENTS.

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

SEC. 324. RAILROAD UNEMPLOYMENT INSURANCE ACT AMENDMENTS.

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

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

  The Emergency Rail Services Act of 1970 is amended--
          (1) by amending paragraph (2) of section 2 (45 U.S.C. 661(2)) 
        to read as follows:
  ``(2) `Panel' means the Transportation Adjudication Panel.'';
          (2) by striking ``Interstate Commerce Commission'' in section 
        6(a) (45 U.S.C. 665(a)) and inserting in lieu thereof 
        ``Panel''; and
          (3) by striking ``Commission'' each place it appears and 
        inserting in lieu thereof ``Panel''.

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

  Section 608 of the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 
1207) is amended--
          (1) by striking ``Interstate Commerce Commission'' each place 
        it appears and inserting in lieu thereof ``Transportation 
        Adjudication Panel''; and
          (2) by striking ``Commission'' in subsection (b) and 
        inserting in lieu thereof ``Panel''.

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

  The Regional Rail Reorganization Act of 1973 is amended--
          (1) in section 304(d)(3) (45 U.S.C. 744(d)(3))--
                  (A) by striking ``this title,'' and all that follows 
                through ``(A) shall take'' and inserting in lieu 
                thereof ``this title, the Commission shall take''; and
                  (B) by striking ``this subsection; and'' and all that 
                follows through ``205(d)(6) of this Act'' and inserting 
                in lieu thereof ``this subsection''; and
          (2) in section 707 (45 U.S.C. 797f)--
                  (A) by inserting ``(a)'' at the beginning of the 
                text; and
                  (B) by adding at the end the following new 
                subsections:
  ``(b) Notwithstanding any other provision of this Act or any 
agreement or arrangement in effect as of the date of the enactment of 
this subsection, the Corporation may not sell or transfer ownership or 
management, in whole or in part, of any facility acquired by the 
Corporation under this Act that is used for the repair, rehabilitation, 
or maintenance of cars or locomotives, without first obtaining the 
expess consent of the authorized representatives of the employees at 
such facility covered by collective bargaining agreements. Any 
transaction undertaken in violation of this subsection or subsection 
(c) shall be considered in violation of section 6 of the Railway Labor 
Act, and shall be actionable as such.
  ``(c) Notwithstanding any other provision of this Act or any 
agreement or arrangement in effect as of the date of the enactment of 
this subsection, any transfer by the Corporation of ownership, in whole 
or in part, other than for scrappage, of a car or locomotive that was 
repaired, rehabilitated, or maintained, before the date of the 
enactment of this subsection, at a facility acquired by the Corporation 
under this Act, without first obtaining the express consent of the 
authorized representatives of the employees at the Corporation's 
principal maintenance facility covered by collective bargaining 
agreements, is prohibited.''.

SEC. 328. MILWAUKEE RAILROAD RESTRUCTURING ACT AMENDMENT.

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

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

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

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

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

SEC. 331. SERVICE CONTRACT ACT OF 1965 AMENDMENT.

  Section 7(3) of the Service Contract Act of 1965 (41 U.S.C. 356(3)) 
is amended by striking ``where published tariff rates are in effect''.

SEC. 332. FISCAL YEAR 1982 CONTINUING RESOLUTION AMENDMENT.

  Section 115 of the Joint Resolution entitled ``Joint Resolution 
making further continuing appropriations for the fiscal year 1982, and 
for other purposes'' (Public Law 97-92; 95 Stat. 1196) is repealed.

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

  Section 401(b) of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1841(b)) is amended by--
          (1) striking ``part II of the Interstate Commerce Act (49 
        U.S.C. 301 et seq.) , or any successor provision of'' in 
        paragraph (2)(C) and inserting ``part B of''; and
          (2) striking ``part II of the Interstate Commerce Act (49 
        U.S.C. 301 et seq.), and any successor provision of'' in 
        paragraph (3) and inserting ``part B of''.

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

  Section 601(d) of the Federal Aviation Administration Authorization 
Act of 1994 (Public Law 103-305) is amended by striking all after 
``subsection (c)'' and inserting ``shall not take effect as long as 
section 11501(g)(2) of title 49, United States Code, applies to that 
State.''.

SEC. 335. TERMINATION OF CERTAIN MARITIME AUTHORITY.

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

SEC. 336. DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES 
                    APPROPRIATION ACT, 1982 AMENDMENT.

  Section 402 of the Department of Transportation and Related Agencies 
Appropriation Act, 1982 (Public Law 97-102; 95 Stat. 1465) is repealed.

                            Committee Report

                          purpose and summary

    On October 26, 1995, H.R. 2539, the ICC Termination Act of 
1995, was introduced. The bill substantially deregulates the 
rail and motor carrier industries and abolishes the 108-year-
old Interstate Commerce Commission effective upon enactment.
    There is a long history behind the termination of the 
Interstate Commerce Commission beginning with the Staggers Act 
of 1980 and the Motor Carrier Act of 1980, which began the 
substantial economic deregulation of the surface transportation 
industry and the whittling away of the size and scope of the 
ICC. In 1970s the ICC had 11 Commissioners and employed over 
2,000 people; today it has 5 Commissioners and less than 400 
employees.
    The recognition that the surface transportation industry is 
competitive and that few economic regulatory activities are 
required to maintain a balanced transportation network has led 
to calls for the ICC's elimination. In the 1980s, the Reagan 
Administration submitted legislation on several occasions to 
terminate the ICC and transfer remaining activities to other 
Federal agencies. Congressional action was never taken on these 
legislative proposals; however, last year the House voted to 
eliminate all funding for the ICC in the FY 1995 Department of 
Transportation and Related Agencies Appropriations Act. Fiscal 
Year 1995 funding was subsequently partially restored in 
conference, with the understanding that authorizing legislation 
would be produced to complete termination of the ICC in FY 
1996. In April, the Clinton Administration submitted 
legislation to sunset the ICC effective September 30, 1996, 
which was introduced by Representatives Lipinski and Mineta by 
request as H.R. 1436.
    Summary of Rail Provisions in H.R. 2539. The bill 
eliminates obsolete rail provisions and transfers those 
activities that need to be continued to the Department of 
Transportation. A three-member decisionally independent 
adjudicatory panel (to be discussed in greater detail below) is 
established within the Department of Transportation to 
administer these remaining activities.
    Provisions and activities that are repealed or eliminated 
in H.R. 2539 include:
          Tariff filing: Requires that rail carriers file rates 
        for common carriage shipments with the ICC. (This is 
        replaced with an obligation that the railroad notify 
        the shipper of a change in a rate.)
          Regulation of entry, exit, and fares of passenger 
        rail service.
          Securities jurisdiction: Requires railroads to obtain 
        ICC authorization to issue securities or to assume an 
        obligation or liability with respect to the securities 
        of another, and address internal corporate 
        relationships between railroads and shareholders.
          Financial Assistance Program: Authorizes regulatory 
        policing of continued subsidy and purchase arrangements 
        between shippers and railroads on lines proposed for 
        abandonment.
          Feeder Line Development Program: Authorizes the ICC 
        to order the sale of a line whose shippers are not 
        being adequately served. (H.R. 2539 retains the 
        ``forced sale'' provisions of the abandonment process.)
          Minimum rate regulation: Prohibits rail carriers from 
        setting rates below a ``reasonable minimum'' to protect 
        railroads from rate wars and destructive competition.
          State certification: Requires that States may only 
        regulate intrastate rail transportation if certified by 
        the ICC. Replaced by direct preemption of State 
        economic regulation of rail transportation.
          The commodities clause: Prevents railroads from 
        transporting commodities that they themselves have 
        produced or own.
          Recyclable commodities rate regime: Prevents 
        discrimination against the transportation of recyclable 
        materials in rate structures and, for recyclables other 
        than scrap iron or steel, specifies a formula for 
        calculating a rate ceiling.
          Valuation jurisdiction: Charges the ICC with valuing 
        all property owned or used by each rail carrier.
          Protective services jurisdiction: Provides ICC 
        jurisdiction over protective services (refrigerated 
        cars).
          Intermodal ownership restrictions: Prevent railroads 
        from owning other types of transportation companies.
          Express service jurisdiction: Provides ICC 
        jurisdiction over express transportation.
          Postal Service contract filing and rate jurisdiction.
          Interlocking directorate authority: Allows the ICC to 
        prohibit a person from serving as a director or officer 
        of more than one rail carrier.
          Procedural recipes for rulemaking proceedings.
          Joint board, divisions of Commission, and other 
        decisional process provisions.
    Major provisions and activities that need to be continued 
are transferred to the Department of Transportation to be 
administered by the Transportation Adjudicatory Panel. These 
items include:
    Maximum rate regulation: This is designed to protect 
captive shippers from the abuse of market power while allowing 
railroads the flexibility to earn adequate revenues. It is only 
applied to common carriage transportation; railroads and 
shippers have the option of entering into confidential rate 
contracts that are completely exempt from regulation. Current 
Staggers Act maximum rate standards are retained. In addition, 
the TAP is required to complete within one year after enactment 
the pending ICC proceeding to establish non-coal rate 
guidelines aimed at providing simplified evidentiary standards 
of rate-reasonableness proceedings. The bill carries forward 
the Staggers Act policy that regulatory intervention should be 
relegated to a role as ``safety net'' in those relatively rare 
situations when market forces and shipper-carrier negotiations 
do not produce a satisfactory business relationship.
    Railroad mergers and consolidations: The existing Staggers 
Act public interest standard, including the conferment of 
antitrust immunity, is retained. H.R. 2539 elaborates on the 
existing power to impose conditions (including trackage rights 
and related compensation arrangements) on the approval of a 
merger or other regulated transaction, and allows for on-the-
record ex parte communications with the decisionmakers. In 
addition, the current 31-month schedule for merger proceedings 
is shortened to a maximum of 270 days.
    Various Intercarrier Transactions: The common carrier 
obligation, lines sales, through routes, joint rate 
jurisdiction, car hire, car supply and car interchange, 
terminal trackage rights and reciprocal switching jurisdiction 
are all transferred to the TAP under existing standards with 
minor modifications for large Class I railroads' transactions. 
A new separate procedure without mandatory transaction costs 
imposed by the agency is established for smaller Class II and 
Class III railroads' transactions.
    Abandonments: The current approval process under the 
``public convenience and necessity'' standard is transferred to 
the Panel. Where appropriate, the TAP is authorized to alter 
the scope of a proposed abandonment to afford the best 
opportunity for the line to be sold and operated as a viable 
short-line railroad.
    Exemption Authority: This critical function that allows for 
further deregulation through administrative action is 
transferred to the TAP. The deadline for deciding whether to 
begin an exemption proceeding is set at 90 days after an 
application is received, and any ensuing exemption proceedings 
must be completed within one year. Restrictions on intermodal 
ownership are eliminated, and the TAP is required to employ its 
exemption authority ``to the maximum extent'' consistent with 
applicable law.
    Labor Protection: No change is made to the level of 
protection in transactions involving Class I railroads. In line 
purchases and other inter-carrier transactions involving 
smaller (Class II and Class III railroads), Worker Adjustment 
and Retraining Notification Act levels of labor protection are 
imposed.
    Summary of Motor Carrier Provisions of H.R. 2539. H.R. 2539 
eliminates and then reenacts a revised Motor Carrier Act. The 
new Motor Carrier Act established in the bill eliminates 
numerous unnecessary provisions and streamlines many other of 
the ICC's functions regarding the regulation of the motor 
carrier industry. Most of the remaining functions are 
transferred to the Department of Transportation, with limited 
responsibilities transferred to the Transportation Adjudication 
Panel.
    Existing ICC functions that have been eliminated, 
deregulated or reformed:
          All tariff filings, except for noncontiguous domestic 
        trade are eliminated.
          All rate regulation, except for noncontiguous 
        domestic trade and individual household goods movements 
        are eliminated.
          Exemption authority to permit administrative 
        deregulation has been substantially broadened, with 
        restrictions only on cargo loss and damage, insurance, 
        safety fitness, and antitrust immunity.
          Federal grants of operating authority have been 
        eliminated.
          Regulation of Interstate bus routes and 
        discontinuances has been substantially reformed.
          Price regulation and tariff filing requirements for 
        office and exhibit moves have been eliminated.
          Household goods dispute resolution has been reformed.
          Federal resolution of routine commercial disputes has 
        been eliminated.
          Possibility of future undercharge claims has been 
        eliminated.
          State taxation of interstate bus tickets is 
        prohibited.
          Restrictions on intermodal ownership have been 
        eliminated.
          Review of motor carrier mergers has been eliminated.
          Restrictions on interlining between buses and rail 
        carriers have been eliminated.
          Federal regulation of chemical pipelines has been 
        eliminated.
          Registration and insurance filings will be 
        streamlined into a single Federal registration and 
        insurance system to eliminate duplicative and 
        burdensome filing requirements.
          State regulation of transportation intermediaries 
        eliminated.
    Motor Carrier functions transferred to the Department of 
Transportation. Most of the ICC's current authority to oversee 
the commercial operation of the motor carrier industry has been 
transferred to DOT. It is anticipated that these transferred 
functions will be carried out by the Office of Motor Carriers 
within the Federal Highway Administration. No new funding is 
provided for carrying out these responsibilities, but authority 
to collect and spend currently collected ICC fees is given to 
the Secretary.
    The primary remaining function which is transferred to DOT 
is motor carrier registration and the setting and maintenance 
of minimum levels of liability insurance. Foreign motor carrier 
registration and oversight will also be the responsibility of 
the Department and the relevant provisions in H.R. 2539 have 
been strengthened over existing law to enable the proper 
oversight, implementation and obligations imposed on the United 
States as part of the North American Free Trade Agreement.
    The maintenance of nationwide motor carrier industry 
commercial rules (such as leasing rules, uniform cargo loss and 
damage rules, rules for shipper payment, and perfecting 
security interest) will be transferred to the Department. Since 
motor carrier transportation is a truly interstate industry, it 
is critical to the smooth functioning of commerce that there be 
Federal commercial rules established to ensure that all 
interstate transportation is subject to the same rules and 
procedures. Otherwise, a motor carrier would be potentially 
subject to 50 different rules for operation. While DOT shall 
oversee and maintain these statutes and regulations, the 
Committee anticipates that very little effort or activity will 
be required regarding those matters.
    Motor Carrier functions transferred to the Transportation 
Adjudication Panel. The Panel will receive responsibility for 
the limited amount of rate regulation for individual movements 
of household goods, rate regulation and tariff filings which 
are required for shipments to Hawaii, Alaska, and the offshore 
territories and possessions, and requirements for reasonable 
through routes and division of joint rates. Approval and 
oversight of agreements for antitrust immunity and limited 
oversight responsibilities for household goods are transferred 
to the Panel. Final resolution of undercharge claims will be 
handled by the Panel.
    Summary of Significant Motor Carrier Provisions. The bill 
includes a number of significant policy changes which are 
summarized below.
    Antitrust Immunity for Business Practices. Currently, the 
motor carrier industry enjoys broad antitrust immunity for many 
collective activities of motor carriers as granted by the ICC. 
At a March 3, 1995 hearing conducted by the Subcommittee on 
Surface Transportation on the elimination of the ICC, many 
witnesses urged continuation of antitrust immunity authority as 
being beneficial to, or at the very least not harmful to, the 
transportation sector and allowing efficiencies within the 
industry. It was argued that the trucking industry is unique 
because nearly all motor carriers are potential competitors. 
Any cooperative activity would be a potential violation of the 
antitrust laws. Therefore, antitrust immunity is needed to 
permit certain types of joint activity that are beneficial. 
Over the past five decades, certain motor carrier business 
practices and industry standards have developed which rely on 
antitrust immunity, including collective ratemaking, joint line 
and pooling, mileage and classification guides, among others. A 
few stated that antitrust immunity should be eliminated and 
that collective activities should be judged under the ``Rule of 
Reason'' which would allow beneficial activities which do not 
hurt competition to continue.
    Loss and Damage Claims. Under the Carmack amendment, motor 
common carriers are liable for loss and damage while goods are 
in the possession of the carrier. The carrier is liable for the 
actual loss of provable damages to the property up to the full 
rates, rates for household goods movements arranged by 
individuals, classifications and mileage guides. Agreements may 
be submitted to the Panel for approval under the existing 
standard, and such approval would exempt parties from antitrust 
laws in carrying out the agreements. However, the approval 
period of agreements is limited to three years, at which time 
the agreement may be submitted for renewal. The Panel shall 
reapprove the agreement unless it finds that such reapproval is 
not in the public interest. Agreements shall continue in place 
until the Panel acts to disapprove them.
    Authority for the Panel to grant antitrust immunity is 
extended to pooling and division of transportation or earnings. 
Finally, H.R. 2539 provides for continued agent and van line 
immunity relating to household goods movements. It adds a new 
protection, however, that permits the Panel to revoke 
individual agent-van line immunity if maintaining such immunity 
is not in the public interest.
    Motor Carrier and Single State Registration. Currently, 
both the ICC and the DOT operate separate registration systems 
which vary in administration. The ICC requires that interstate, 
for-hire carriers receive a license (operating authority) with 
the standards for granting of authority limited to a showing of 
safety fitness and insurance coverage at a specified level. The 
ICC system is a vestige of when motor carriers were highly 
regulated and entry was severely restricted. The DOT 
registration system extends to all carriers, including private 
and exempt carriers not regulated by the ICC. DOT assigns each 
carrier an identification number. Carriers are not required to 
show proof of insurance at the time of DOT registration, nor is 
any fee currently charged.
    The bill continues the two registration systems for a 
period of 24 months, during which time the Secretary shall 
conduct a rulemaking and implement changes to consolidate these 
two registration systems into one system. The new system will 
serve as a clearing house and depository of information on and 
identification of all domestic and foreign motor carriers, 
brokers, freight forwarders and others required to register. 
The Department will utilize the information in overseeing 
safety fitness and compliance with required levels of 
insurance. Registrations will be renewed periodically and the 
on-line system will be available to state authorities and the 
public. The Committee does not intend that this new system 
impose additional burdens or require filings not currently 
required of carriers.
    Review of the single state registration under new section 
14504 is made a part of the above rulemaking and certain 
factors to be considered by the Secretary, including funding 
for State enforcement and the justification and need for 
collecting fees by States, are specified. Authority is granted 
for the Secretary to establish fees in order to cover all costs 
of operating the new registration system.
    H.R. 2539 continues antitrust immunity but contains 
significant reforms intended to prevent any potential market 
abuses. New section 13703 of title 49 permits motor carriers to 
enter into agreements for certain activities, including through 
routes and joint value of the goods. H.R. 2539 continues this 
uniform liability regime but directs the Secretary to report to 
Congress within 18 months on whether an alternative liability 
system should be implemented. The Department of Transportation 
will not mediate disputes between shippers and carriers 
regarding loss and damage claims as the ICC does currently.
    Rate Regulation and Filing of Tariffs. Under new section 
13701 of title 49, rate regulation is restricted to individual 
household moves and movements by a water carrier in 
noncontiguous domestic trade. Through routes and divisions of 
joint rates must also be reasonable. H.R. 2539 continues to 
reform and restrict the number and types of transportation for 
which tariffs must be filed. Under new section 13702 of title 
29, tariffs must be filed with the Panel only for noncontiguous 
domestic trade. Tariffs must be submitted to the Panel and 
available for inspection by shippers for the transportation of 
household goods when arranged by an individual.
    By eliminating nearly all remaining tariff filings, the 
bill eliminates any possibility of undercharges since there can 
be no application of the filed rate doctrine to those rates. 
For rates continued in tariffs, the bill directs that no 
undercharges may accrue as a result of such tariffs.
    Dispute Resolution. In addition to overseeing the 
background commercial rules of the motor carrier industry, the 
ICC currently resolves disputes that arise in such areas. There 
is no explicit statutory requirement to do so. Rather, the ICC 
has, in its discretion, chosen to allocate resources, dedicated 
to resolving disputes that arise in the motor carrier industry. 
The ICC dispute resolution programs include household goods and 
auto driveaway carriers, brokers, owner-operator leasing, loss 
and damage claims, duplicate payments and overcharges, and 
lumping.
    The bill transfers responsibility for all the areas in 
which the ICC resolves disputes to the Secretary (except 
passenger intercarrier disputes). The Committee does not 
believe that DOT should allocate scarce resources to resolving 
these essentially private disputes, and specifically directs 
that DOT should not continue the dispute resolution functions 
in these areas. The bill provides that private parties may 
bring actions in court to enforce the provisions of the Motor 
Carrier Act. This change will permit these private, commercial 
disputes to be resolved the way that all other commercial 
disputes are resolved--by the parties.
    The Committee does not intend that the Secretary have no 
oversight over these background commercial rules, however. The 
statutory authority in these areas has been transferred to DOT, 
as well as regulations promulgated thereunder, so that the 
Secretary could oversee and revise the functioning of these 
areas.
    Personnel Transfer. The Committee intends that any 
personnel and functions transferred to DOT should be integrated 
and performed within DOT's existing Fiscal Year 1996 funding 
and personnel allocations. The Committee expects that any ICC 
personnel transferred to DOT could be funded from the transfer 
of existing fees derived from transferred ICC functions. The 
Fiscal Year 1996 DOT Appropriations Bill permits the Secretary 
to utilize any fees collected to fund ICC personnel transferred 
to DOT. This bill provides the Secretary similar authority.
    Since the bill makes no change to current civil service 
personnel laws, the transfer of personnel will occur under 
existing rules. ICC personnel that perform new functions 
transferred to DOT have transfer rights. ICC personnel that 
perform functions which are not transferred to DOT have no 
transfer rights.
    The Committee understands that upon enactment of this act, 
the transferor agency, the ICC, shall determine which functions 
are new functions that transfer to DOT and which functions are 
currently performed by DOT. The DOT would then have to agree 
with the ICC as to which functions transfer and which do not. 
Any disagreements would be resolved by the Office of Management 
and Budget.
    The ICC has informed the Committee that, upon preliminary 
review of the motor carrier functions transferred to DOT in 
this bill, it expects that approximately 60 ICC employees will 
be transferred to DOT (separate from the Panel). There are the 
employees that would perform functions new to DOT. The ICC 
estimates that these personnel will result in a cost of $3.743 
million for the remainder of FY96 (annualized cost of $5 
million).
    The ICC estimates that continuing fees in FY96 will total 
$5.27 million. The ICC's fee schedule is below.

                                              ACTUAL AND PROJECTED APPLICATIONS AND FEES FOR MOTOR CARRIERS                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Historical counts                             Fiscal year 1996 estimates \1\   
                                                 -------------------------------------------------------------------------------------------------------
                                                  Fiscal year  Fiscal year  Fiscal year  Fiscal year  Fiscal year                                       
                                                      1991         1992         1993         1994         1995        Count      $ Fee each  $ Fee total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Continuing fees:                                                                                                                                        
    Common carrier applications.................        4,963        5,090        5,240        5,602        7,609        8,000          300    1,800,000
    Property broker applications................        3,343        3,192        3,207        2,888        1,978        2,100          300      630,000
    Freignt forwarder applications (household                                                                                                           
     goods).....................................          130          123          123          121           67          100          300       30,000
    Reinstatement of applications...............           NA           NA           NA          865          748          725           70       50,750
    Insurance fees \2\..........................           NA           NA           NA       63,828       57,000       48,000           10      480,000
                                                 -------------------------------------------------------------------------------------------------------
      Total continuing fees.....................  ...........  ...........  ...........  ...........  ...........  ...........  ...........    2,990,750
                                                 =======================================================================================================
Projected additional fees:                                                                                                                              
    Contract carriers filing for common                                                                                                                 
     authority \3\..............................  ...........  ...........  ...........  ...........  ...........        3,000          300      900,000
    Mexican carrier applications \4\............  ...........  ...........  ...........  ...........  ...........        4,500          300    1,350,000
    Freight forwarder applications (non-                                                                                                                
     household goods-- \5\......................  ...........  ...........  ...........  ...........  ...........          100          300       30,000
                                                 -------------------------------------------------------------------------------------------------------
      Total additional fees.....................  ...........  ...........  ...........  ...........  ...........  ...........  ...........    2,280,000
                                                 =======================================================================================================
      Total continuing fees and projected                                                                                                               
       additional fees..........................  ...........  ...........  ...........  ...........  ...........  ...........  ...........    5,270,750
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These estimates are based on an analysis of historical trends and expected legislative changes.                                                     
\2\ The insurance fee estimate for fiscal year 1996 takes into account the loss of fees for carriers with contract-only authority. It considers,        
  however, the addition of the Mexican carriers that would be obtaining border state authority.                                                         
\3\ The proposed legislation eliminates the requirement for contract carrier authority. We estimate that at least 10% of the approximately 30,000       
  carriers with contract-only authority will file for common carrier authority in fiscal year 1996. In fiscal year 1995, the ICC collected fees for     
  contract carrier authority. This table assumes the discontinuation of those fees.                                                                     
\4\ Beginning in fiscal year 1996, Mexican carriers may operate beyond the border commercial zones throughout the four states bordering Mexico (in      
  foreign commerce only). Because this new area of operations (Arizona, California, New Mexico, and Texas) represents a large market, we project that   
  50% of the approximately 5,000 Mexican carriers with commercial zone authority will convert to border state authority in fiscal year 1996.            
  Additionally, we conservatively estimate a new applicant pool of 2,000.                                                                               
\5\ Currently, non-household goods freight forwarders are not required to file for authority. Proposed legislation would require their registration.    

    DOT, both in its proposed ICC sunset legislation (H.R. 
1436), and during the preparation of this bill, requested a 
waiver from the current personnel rules to permit DOT greater 
flexibility in determining which ICC personnel transfer to DOT.
    Since the Committee has been informed by the ICC that about 
60 personnel would transfer to DOT, and that all of these 60 
could be funded from transferred ICC fees credited to DOT, 
there is no need to waive personnel rules. This is predicated, 
however, upon representations that only 60 ICC personnel would 
transfer to DOT.
    Summary of Administrative and Procedural Provisions of H.R. 
2539. A three-member independent adjudicatory panel is 
established within the Department of Transportation to 
administer remaining rail functions and certain motor carrier 
activities. Panelists will be required to have background and 
professional standing in the transportation field and in the 
private sector, and are limited to two complete or partial 
five-year terms. In addition, holdover tenure of an incumbent 
pending confirmation of a successor is limited to one year. 
H.R. 2539 also provides that any pending proceedings will be 
decided under applicable law on the day before the date of 
enactment, and that any suits shall be treated in like manner 
except if a proceeding is remanded by the courts to the Panel, 
in which case applicable law at the time of the remand would 
govern. Finally, H.R. 2539 provides authorizations of 
appropriations for the Panel of $8.41 million for fiscal year 
1996 and of $12 million for each of fiscal years 1997 and 1998.

                  Background and Need for Legislation

    History of Rail Deregulation. Since 1980, with the 
enactment of the Staggers Rail Act, the railroad industry has 
operated in an essentially deregulated environment. It took the 
near collapse of the entire industry and possible 
nationalization of all the nation's railroads to bring this 
deregulation about.
    The rail economic regulatory framework that existed prior 
to 1980 was developed, for the most part, during the late 19th 
century and the early 20th century when railroads held a 
virtual monopoly in many areas. At the time of the ICC's 
creation in 1887, the market conditions of the railroad 
industry were markedly different than they are today. Because 
railroads possess certain characteristics of natural 
monopolies, in the absence of competition from other modes of 
transportation, railroads were able to wield enormous power 
over the shippers and communities they served. For a railroad 
to withdraw service from an area, for example, threatened the 
livelihood of entire communities.
    The transportation sector has changed dramatically since 
the time of the ICC's creation. With the emergence of the 
trucking industry, as well as the pipeline and barge 
industries, railroads have increasingly faced competition from 
other modes of transportation. Unfortunately, Federal 
regulations did not always keep pace with the changing market. 
The combination of continued onerous Federal regulations and 
stiff competition from the motor carrier industry proved lethal 
for the railroads; by the 1970s, the railroad industry was on 
the brink of financial collapse.
    Congress took a number of steps to salvage the industry. 
First, it created Conrail from the remains of the bankrupt 
northeast rail carriers. The successful privatization of 
Conrail in 1987 has proven this to have been a sound decision. 
Second, Congress permitted the railroads to discontinue 
operating passenger rail service, which was producing 
substantial losses for the private railroads. In 1971, Congress 
created Amtrak to allow for continued passenger rail service in 
this country.
    Most importantly, though, Congress enacted the Staggers 
Rail Act of 1980. This landmark legislation deregulated most 
railroad rates, legalized railroad shipping contracts, 
simplified abandonments, and stimulated an explosion of service 
and marketing alternatives that would not have been possible 
under the Kafkaesque regulatory regime of the pre-Staggers era. 
In addition, the Staggers Act provided administrative authority 
to the ICC to further deregulate the industry through the 
exemption power, which has been employed aggressively since the 
enactment of Staggers. Because some shippers and communities 
continue to be dependent upon a single rail carrier and may not 
have access to alternative modes of transportation, the 
Staggers Act kept in place certain protections for ``captive 
shippers.'' These too have worked well to maintain a balanced 
transportation system.
    The Staggers Act has produced a renaissance in the railroad 
industry. Its return on investment, now approximately 8%, 
compares favorably to the 4% earned prior to 1980. Railroads 
have been able to maintain market share at approximately 38% 
during the last decade in a growing market, and recent 
indications show that their market share is increasing. 
Shippers have benefited from the Staggers Act reforms as well, 
since the railroads' real rates have declined by 1.6% annually 
since 1980. By allowing greater flexibility in line sales, the 
Staggers Act helped create several hundred short-line railroads 
that operate the lines more efficiently and at lower cost than 
a major carrier could. Finally, through early retirements and 
voluntary buyouts among both union members and managers, 
employment decreased from 532,000 in 1980 to 267,000 in 1994.
    History of Motor Carrier Deregulation. H.R. 2539 is another 
important step in a 15-year effort to deregulation the motor 
carrier industry.
    The ICC has been responsible for the regulation of the 
interstate trucking and bus industries since 1935. Over the 
years, the regulatory reach of the ICC was extended to cover 
the granting of operating authority, routes, rate regulation 
and tariff filings, cargo liability, dispute resolutions and a 
wide variety of other controls and oversight.
    During the past 15 years, as the trucking industry has 
become increasingly competitive, Congress has taken a series of 
steps to deregulate the motor carrier and bus industries. The 
landmark Motor Carrier Act of 1980 and the Household Goods Act 
of 1980 were the first reductions in federal regulations of 
these industries. Among other reforms, the ``public convenience 
and necessity'' standard for carriers applying for operating 
authority was modified, but strict entry requirements were 
still placed on applicants who had to show they were fit, 
willing, and able and to demonstrate that the proposed service 
would serve a useful purpose responsive to a public demand or 
need. The Motor Carrier Act encouraged a more competitive 
environment and led the ICC to change tariff filing regulations 
to permit tariff rate reductions and to allow carriers to 
establish rates for named shippers. Two years later, the Bus 
Regulatory Reform Act of 1982 was enacted which led to 
important reforms of the interstate bus industry and in 1986, 
the Surface Freight Forwarder Deregulation Act included 
additional reforms.
    The 103rd Congress took on an aggressive deregulatory role 
regarding the motor carrier industry by approving three 
historic initiatives. First, the Negotiated Rates Act of 1993 
related to procedures to resolve the on-going undercharge 
crisis which arose when bankruptcy trustees or receivers 
demanded payments from shippers for the difference between a 
negotiated rate for transportation services which was paid in 
full by a shipper but was never properly filed by the carrier 
and the rate contained in a tariff on file with the ICC.
    The undercharge situation which necessitated federal 
legislation highlighted the outdated tariff filing requirements 
in the current transportation environment. In response, the 
Trucking Industry Regulatory Reform Act of 1994 (TIRRA) 
eliminated tariff filing requirements for individually 
determined rates--which affected up to 90 percent of the 1.4 
million tariff filings at the ICC. TIRRA also gave to the ICC 
the authority to grant exemptions from trucking regulations, 
which was similar to the rail exemption authority. In addition, 
the ICC was directed to submit to Congress a report identifying 
and analyzing all regulatory responsibilities of the Commission 
and recommendations on which functions could be eliminated or 
restructured. The Secretary of Transportation was directed to 
submit to Congress a similar report, including recommendations 
on whether to reorganize the administration of the functions of 
the ICC within the Department or some other options. Those 
reports have been instrumental in creating H.R. 2539.
    One final regulatory initiative by Congress in 1994 does 
not pertain directly to federal ICC trucking regulation but has 
significant impacts on trucking in our nation generally. 
Section 601 of the Federal Aviation Administration Act of 1994 
preempts State regulation of prices, routes and services by air 
carriers and carriers affiliated with a direct air carrier 
through common controlling ownership and all other motor 
carriers. Prior to 1995, 41 jurisdictions imposed varying 
levels and forms of economic regulation of intrastate traffic. 
Congress determined state preemption was in the public interest 
and necessary to facilitate interstate commerce.
    Today, the trucking industry, an essential element to our 
nation's economic growth and international competitiveness, is 
vibrant and competitive. The easing of entry, rate and tariff 
requirements has allowed carriers to be more responsive to 
changing market conditions and shipper needs. Prior to 
deregulation, ICC-licensed carriers totalled approximately 
14,000. Now, roughly 15 years after the initiation of motor 
carrier deregulation, that number has grown to 55,000 carriers 
which generate $82 billion in revenues annually.
    Overall, the trucking sector of the U.S. economy represents 
more than $290 billion in gross revenues. Almost 8 million 
people are employed throughout the economy in jobs that relate 
to trucking activity, receiving approximately $227 billion in 
annual wages. In 1993, 5.1 billion tons of freight were 
transported by intercity and local trucks and 871 billion ton-
miles were logged by trucks. Over 78 percent of the value of 
all freight is transported by truck.
    The importance of the motor carrier industry to the 
movement of goods and people around the nation will continue to 
grow in the future. Motor carriers face intense competition not 
only from other motor carriers, but also from rail and ocean 
carriers. The trucking industry has matured to the point that 
less regulation is required and we should be certain that the 
policies of the Federal government encourage, and not hinder, 
continued growth and efficiency in this area.
    Conclusion. H.R. 2539 builds on the deregulatory policies 
that have promoted growth and stability in the surface 
transportation sector. For the rail industry, only regulations 
are retained that are necessary to maintain a ``safety net'' or 
``backstop'' of remedies to address problems of rates, access 
to facilities, and industry restructuring. The bill keeps 
bureaucracy and regulatory costs at the lowest possible level, 
consistent with affording remedies only where they are 
necessary and appropriate. Remaining rail and motor carrier 
activities combined will cost no more than the $8.4 million 
provided in the FY 1996 DOT appropriations bill conference 
report. This compares favorably with the $33 million provided 
to the ICC in FY 1995. Finally, termination of the ICC is 
effective upon enactment, in contrast to previous sunset 
efforts (i.e., CAB), that followed a more gradual approach.

                                Hearings

    The Subcommittee on Railroads held two hearings on 
abolishing the Interstate Commerce Commission and the 
subsequent transfer of any retained functions to other 
agencies, such as the Department of Transportation and the 
Department of Justice.
    On January 26, 1995, the Subcommittee held a hearing on the 
disposition of the ICC's jurisdiction over rail mergers. 
Testimony was received from the following witnesses: Mr. Steven 
C. Sunshine, Deputy Assistant Attorney General, U.S. Department 
of Justice; Mr. Frank Kruesi, Assistant Secretary for Policy, 
Department of Transportation; Honorable Gail McDonald, 
Chairman, Interstate Commerce Commission; Mr. Robert Krebs, 
Chairman and CEO, Santa Fe Pacific Corporation; Mr. James 
Hagen, Chairman and CEO, Consolidated Rail Corporation; Mr. 
John Shannon, Vice President-Law, Norfolk Southern Corporation; 
Honorable Drew Lewis, Chairman and CEO, Union Pacific 
Corporation; Honorable James Florio, Chairman, Save Transit and 
Rail Transportation; Mr. Edward Emmett, President, National 
Industrial Transportation League. Additional testimony was also 
received from Mr. Edward Wytkind, Chairman, Transport Trades 
Division, AFL-CIO and Mr. William Mahoney, attorney, who 
accompanied Mr. Florio.
    The Subcommittee held a second hearing on February 22, 
1995, on how to dispose in any sunset legislation of the ICC's 
diverse non-merger rail jurisdiction. Persons testifying at 
this hearing were: Mr. Edwin Harper, President and CEO, 
Association of American Railroads; Mr. James Hagen, Chairman 
and CEO, Consolidated Rail Corporation; Mr. David R. Goode,, 
Chairman, President, and CEO, Norfolk Southern Corporation; Mr. 
Gilbert M. Robert, Executive Director, Florida Tri-County 
Commuter Authority, on behalf of American Public Transit 
Association; Mr. Reilly McCarren, President, Gateway & Western 
Railroad, on behalf of Regional Railroads of America; Mr. 
William Loftus, President, American Short Line Railroad 
Association; Mr. Sonny Hall, President, Transportation Workers 
Union and President, Save Transit and Rail Transportation, 
accompanied by Mr. William Mahoney, attorney, and Mr. Greg 
Lawley, General Counsel; Mr. Edward Emmett, President, National 
Industrial Transportation League; Mr. Richard Dauphin, 
President, Western Coal Traffic League; Mr. Joseph Lema, Vice 
President-Transportation, National Mining Association; Mr. 
Russell J. Kocemba, Transportation Manager, General Mills, 
Inc., on behalf of National Grain and Feed Association; Fred R. 
Sasser, President, Chicago Freight Car Leasing Company, on 
behalf of Railway Progress Institute; Robert Granatelli, 
Manager, North American Transportation, Himont USA, Inc., on 
behalf of the Society of the Plastics Industry, Inc.; Mr. Barry 
Hill, Associate Director, Transportation Issues, General 
Accounting Office, accompanied by Mr. Frank Mulvey, Assistant 
Director, GAO; Honorable Gail McDonald, Chairman, Interstate 
Commerce Commission, accompanied by Vice Chairman Linda Morgan, 
Commissioner J.J. Simmons, and Commissioner, Gus Owen; 
Honorable Joseph Canny, Deputy Assistant Secretary of 
Transportation for Transportation Policy. Additional testimony 
was received for the record from: Mr. K. Earl Durden, 
President, Rail Management & Consulting Corporation; Mr. Thomas 
M. Downs, President, National Railroad Passenger Corporation 
(Amtrak); Mr. Kevin Kaufman, President, North America Freight 
Car Association; Mr. Gordon P. MacDougall, attorney; Mr. 
Richard T. Mueller, General Manager, Wyndmere Farmers Elevator; 
Ms. Mary Ann Oster, Research Consultant, Oster Researching 
Services; Honorable Earl Pomeroy, Member of Congress from North 
Dakota; Mr. T.L. Priest, Corporate Commerce Manager--Logistics, 
Coors Brewing Company, on behalf of the Committee Against 
Revising Staggers; Mr. John P. Prugh, President, U.S. Clay 
Producers Traffic Assn., Inc.; Andrew F. Reardon, Vice 
President-Law & Human Resources, TTX Company; Mr. Steven Drege, 
Executive Vice President, North Dakota Grain Dealers Assn.; and 
Frederick L. Webber, President and CEO, Chemical Manufacturers 
Association.
    The Subcommittee on Surface Transportation held a hearing 
on the elimination of the ICC on March 3, 1995. Testimony was 
received from: the Honorable Gail McDonald, Chairman of the 
ICC; Mr. Joseph Canny, Deputy Assistant Secretary for 
Transportation Policy, Department of Transportation; Mr. Barry 
Hill, Associate Director, Transportation Issues, Resources 
Community and Economic Development Division, General Accounting 
Office; Mr. Thomas J. Donohue, President and Chief Executive 
Officer, American Trucking Associations; Mr. K. Michael 
O'Connell, Counsel, Owner-Operated Independent Drivers 
Association, Inc.; Mr. James C. Harkins, Executive Director, 
Regular Common Carrier Conference; Mr. Ed Emmett, President, 
National Industrial Transportation League; Mr. Charles A. 
Gerardi, President, National Small Shipment Traffic Conference; 
Mr. Edward Wytkind, Executive Director, Transportation Trades 
Department, AFL-CIO; Mr. Theodore Knappen, Greyhound Lines, 
Inc.; Mr. Richard A. Allen, General Counsel, American Bus 
Association; Mr. Maurice Greenblatt, Chairman of the Board, 
United Van Lines, Inc.; and Mr. Jerry Gereghty, incoming 
President, Transportation Brokers Conference of America.

               Section-by-Section Analysis and Discussion

Section 102. Rail provisions

    This section revises and reorganizes the rail portions of 
subtitle IV of title 49, United States Code, as follows.

                 subtitle iv--interstate transportation

                              Part A--Rail

                    Chapter 101--General Provisions

Section 10101. Rail transportation policy

    This provision continues the relevant portions of 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 by the Transportation 
Adjudication Panel (TAP).

Section 10102. Definitions

    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 
to railroad provisions.

Section 10103. Remedies are exclusive

    To reflect the replacement of the Staggers Act system of 
optional certification of State regulatory agencies to 
administer economic regulation of railroads using Federal 
standards, this provision is conformed  to  the  bill's  direct 
 and  general pre-emption of State jurisdiction  over  economic 
 regulation  of  railroads. As  used in this section, ``State 
or Federal law'' is intended to encompass all statutory, common 
law, and administrative remedies addressing the rail-related 
subject matter jurisdiction of the Transportation Adjudication 
Panel. The bill is intended to standardize all economic 
regulation (and deregulation) of rail transportation under 
Federal law, without the optional delegation of administrative 
authority to State agencies to enforce Federal standards, as 
provided in the relevant provisions of the Staggers Rail Act.

                       Chapter 103--Jurisdiction

Section. 10301. General jurisdiction

    This provision replaces the railroad portion of former 
Section 10501. Conforming changes are made to reflect the 
direct and complete pre-emption of State economic regulation of 
railroads. The changes include extending exclusive Federal 
jurisdiction to matters relating to spur, industrial, team, 
switching or side tracks formerly reserved for State 
jurisdiction under former section 10907. The former disclaimer 
regarding residual State police powers is eliminated as 
unnecessary, in view of the Federal policy of occupying the 
entire field of economic regulation of the interstate rail 
transportation system. Although States retain the police powers 
reserved by the Constitution, the Federal scheme of economic 
regulation and deregulation is intended to address and 
encompass all such regulation and to be completely exclusive. 
Any other construction would undermine the uniformity of 
Federal standards and risk the balkanization and subversion of 
the Federal scheme of minimal regulation for this intrinsically 
interstate form of transportation. The abolition of railroad 
securities jurisdiction formerly administered by the ICC places 
the railroad industry for securities purposes in the same 
position as other industries--being subject to Federal 
securities regulation by the Securities and Exchange 
Commission, and as applicable, State securities or ``blue sky'' 
laws. It is not consistent with the intent to have all economic 
regulation of rail transportation governed by uniform Federal 
standards for State securities laws to be employed as a means 
of reasserting pre-empted forms of economic regulation.
    This section also replaces former Section 10504, regarding 
the relationship between Federal economic regulation of rail 
transportation and State or local mass transportation 
activities, such as commuter rail operations. In keeping with 
the abolition of all Federal economic regulation of rates, 
entry, and exit in the rail passenger transportation field, 
this provision excludes mass transportation operations from the 
TAP's jurisdiction except for the limited purpose of matters 
relating to access to railroad facilities and infrastructure. 
The Committee does not intend for this section to alter any 
existing law as to the coverage and scope of the Federal 
statutes governing railroad retirement benefits and railroad 
unemployment insurance, and the Railway Labor Act.

Section 10302. Authority to exempt rail carrier transportation

    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 makes it an explicit part of 
the agency's statutory duty to utilize exemptions to the 
maximum extent permissible under the law. The revised provision 
sets a 90-day time limit for the agency to decide whether to 
conduct a proceeding, and a one-year limit on concluding any 
ensuing administrative proceeding. Parallel time limits are 
included for agency action on, and completion of proceedings 
regarding, the revocation of exemptions. It is anticipated that 
the TAP will follow prior ICC practice of acting expeditiously 
on individual, transaction-specific exemption requests, and 
will reserve more elaborate notice-and-comment proceedings for 
``class'' exemptions which suspend active regulation of a broad 
area of rail transportation on a permanent and generic basis. 
The new provision also eliminates former restrictions on use of 
the exemption power in matters relating to intermodal 
ownership, reflecting the economic reality that other modes of 
transportation are sufficiently competitive (as is the rail 
industry) as to make the former categorical immunization of 
intermodal ownership from administrative exemption obsolete and 
unnecessary.

                           Chapter 105--Rates

Section 10501. Standards for rates, classifications, through routes, 
        rules, and practices

    This provision replaces the rail portions of former 
sections 10701 and 10701a. It retains the basic Staggers Act 
standards for evaluating reasonableness of rail rates, 
including criteria related to market dominance (the absence of 
effective competition) and the need for  rail  carriers to earn 
adequate revenues. Subsection (d)(3) requires the TAP to 
complete within one year after enactment the pending ICC 
proceeding to establish noncoal rate guidelines aimed at 
providing simplified evidentiary standards for use in rate-
reasonableness proceedings. Language in the former section 
regarding reasonable minimum rates is deleted to conform with 
the abolition of minimum rate jurisdiction.

Section 10502. Authority for rail carriers to establish rates, 
        classifications, rules, and practices

    This provision replaces and retains the rail portions 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. 
Unnecessary details in the former section are also deleted.

Section 10503. Authority for rail carriers to establish through routes

    This section 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. Language dealing with 
water carrier-rail carrier through routes is deleted.

Section 10504. Authority and criteria: rates, classifications, rules 
        and practices established by the panel

    This section replaces the rail portions of former section 
10704. It retains for the TAP the former ICC authority to 
review and order changes in rates, classifications, rules, and 
practices and to prescribe such matters. In keeping with the 
abolition of minimum rate jurisdiction, the portions of the 
former provision addressing this subject have been deleted. 
Also deleted are details regarding the relationship between 
rates paid for service to different shippers, communities, 
ports, and regions. This aspect of the pricing of rail 
transportation service is adequately addressed by the retained 
prohibitions on unreasonable discrimination.

Section 10505. Authority: through routes, joint classifications, rates, 
        and divisions prescribed in panel

    This section 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. The new 
provision omits former references to tariff suspension 
procedures abolished elsewhere in the bill.
    Section 10705a, which provided specialized procedures for 
joint rate cancellations and surcharges, is being repealed as 
unneeded. When added to the statute by the Staggers Act in 
1980, it was intended to address the ICC's pre-Staggers Act 
insistence that all railroads participating in a movement 
subject to a joint rate concur in any change in either the 
joint rate or the division of revenues from the rate. Since 
that time, the ICC has modified its position to permit 
independent rate-setting actions authorized under section 
10705, and the rail industry has adopted many more flexible 
forms of rate and contract arrangements. As a result, the 
extremely complex surcharge provisions of section 10705a--which 
were not intended to replace the scope of carrier authority in 
joint rate matters governed by section 10705, but to provide a 
clear and timely method for achieving at least a minimum amount 
of ratemaking flexibility--have become redundant and 
unnecessary. Any remaining issues arising from changes in 
through rates and divisions can be adequately addressed under 
the Panel's continuing authority in new section 10505. The 
Committee intends that the Panel continue the policy of 
granting railroads the maximum possible freedom to set rates, 
routes, and divisions, so long as these actions are not 
anticompetitive.
    The authority in former section 10705(g) to prescribe 
emergency through routes is retained in section 10923.

Section 10506. Rate agreements: exemption from antitrust laws

    In replacing the rail portions of former section 10706, 
this provision maintains the existing system of approval of 
multi-carrier rate making agreements and scope of immunity, 
once approved by the TAP, from challenge under the antitrust 
laws. Changes from the former section 10706 are limited to 
elimination of obsolete or executed provisions.

Section 10507. Determination of market dominance in rail rate 
        proceedings

    This provision, which replace 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 are deleted in conformity with the 
abolition of minimum-rate jurisdiction. This section also 
retains the statutory formula from former section 10705a(m) for 
agency computation of the Rail Cost Adjustment Factor (RCAF). 
Although relevant to administrative rate-reasonableness 
proceedings, this cost index has also become part of the 
commercial dealings between shippers and carriers under the 
highly successful contract rate authority granted by the 
Staggers Act. The RCAF is frequently used as a benchmark for 
inflation-indexing price provisions of long-term rail 
transportation contracts.

Section 10508. Inflation-based rate increases

    This provision retains the agency's authority under former 
section 10712 to compute and publish a quarterly percentage 
rate index.

Section 10509. Contracts

    This provision 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 administrative 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. As noted in connection with new section 10901, elimination 
of administrative procedures related to contract rates 
themselves does not mean that carriers may escape their common 
carrier service obligations generally.

                  Subchapter II--Special Circumstances

Section 10521. Government traffic

    This provision, 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.

Section 10522. Emergency rates

    This section retains the agency power to require reduced 
rates to provide relief during emergencies under former section 
10724.

Section 10523. Car utilization

    This provision replaces former section 10734, while 
retaining the authority for rail carriers to establish premium 
charges for special services outside the normal structure of 
common-carrier rates otherwise applicable to a particular rail 
movement.

                      Subchapter III--Limitations

Section 10541. Prohibitions against discrimination by rail carriers

    This section contains the relevant rail portions of former 
section 10741, and prohibits unreasonable discrimination by 
rail 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.

Section 10542. Facilities for interchange to traffic

    This replacement 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.

Section 10543. Continuous carriage of freight

    In replacing former section 10745, this section (like the 
preceding provision) retains the legal obligation of rail 
carriers to maintain continuous means for the efficient 
handling of freight that travels over more than one carrier's 
lines, and the correlative prohibition against carrier action 
to impede or prevent such continuous carriage.

Section 10544. Transportation service or facilities furnished by 
        shipper

    This provision, 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. The Committee does not intend to disturb any 
existing arrangements or regulations, including those adopted 
in negotiated-rulemaking proceedings, on this subject.

Section 19545. Demurrage charges

    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 car 
for delay in its return to the owner.

Section 10546. Designation of certain routes by shippers

    This section replaces former section 10763 regarding the 
rights of shippers to designate routes to be utilized in moving 
their rail shipments.

                         Chapter 107--Licensing

Section 10701. Authorizing construction and operation of rail lines

            1. Construction and operation cases
    Subsections (a) through (c) retain the current Federal 
jurisdiction under former section 10901 over authority to 
construct, acquire or operate lines, when the applicant is a 
large (Class I) railroad. Transactions of this type involving 
smaller railroads are governed by a new separate provision, 
Section 10702, discussed below. The new Section 10701 retains 
existing discretionary agency authority to impose labor 
protection (mandatory severance and salary and benefit 
protection) requirements for employees affected by construction 
and line-acquisition transactions by Class I railroads.
            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.

Section 10702. Finance and construction transactions by Class II and 
        Class III rail carriers and noncarriers

            1. Construction and operation cases
    This new provision delineates the authority of the agency 
to approve 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 10710, establishes a clear statutory division between 
transactions involving large Class I railroads on one had and 
small 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.
            2. Acquisitions of control and other inter-carrier 
                    transactions
    Section 10702 also replaces the regulatory authority 
formerly exercised under Section 11343 over inter-carrier 
transactions, as to transactions that involve only Class II and 
Class III railroads. This is intended to provide a clearer 
delineation of the applicable standards as between large 
carrier and smaller railroad transactions. Class II and Class 
III transactions involving acquisitions of corporate control, 
transfers of trackage rights, and similar matters, are to be 
governed exclusively by the new provision, and instead of being 
subject to optional labor protection of up to 6 years' pay per 
employee under former section 10901, are instead required to 
provide for affected employees the notice and severance 
arrangements now mandated for industry generally under the 
Worker Adjustment and Retraining Notification Act.
    The carriers subject to this specialized provision are 
Class II and Class III railroads. Under current ICC 
regulations, Class III railroads are those having adjusted 
annual operating revenues of less than $20 million. A Class II 
railroad is one with adjusted annual operating revenues of $20 
million to $250 million. Although the creation of the hundreds 
of small railroads born in the rationalization of the major 
trunk carriers' route systems after the Staggers Act is 
classically perceived as involving primarily ``short-line'' 
railroads (usually Class III carriers), the Class II railroads 
also play a key role in keeping rail lines in service to 
shippers, when the lines would probably have been permanently 
abandoned by a higher-cost Class I trunk carrier. In addition, 
when a struggling shortline (Class III) operation can survive 
only with an infusion of capital, the Class II carriers often 
stand in the best position as rescuers of a floundering Class 
III railroad. Against this background, the Committee considers 
it crucial to avoid imposing the large and potentially fatal 
costs of unfunded labor protection benefit mandates on Class II 
and Class III transactions. To impose such costs would only 
increase the already substantial risk that the rail lines in 
question will be permanently abandoned once they have been 
removed from the route system of a major Class I railroad.

Section 10703. Filing and procedure for notice of intent to abandon or 
        discontinue

    This provision, which replaces former sections 10903 and 
10904, streamlines and modernizes the processing of 
applications for the abandonment or discontinuance of service 
on a rail line. The primary goal of the reforms contained in 
this section is 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.
    The agency's powers include the option to require in 
appropriate cases 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. To provide 
maximum flexibility in addressing situations of this type, the 
agency may either require that the length of rail line proposed 
for abandonment be increased, require that trackage rights be 
included with the proposed abandonment to maximize competitive 
opportunities for a prospective short-line operator, or require 
some combination of enlarged abandonment and trackage rights. 
Labor protection requirements now applicable to abandonments 
are not changed from existing law. The agency also retains the 
authority to disapprove a proposed abandonment or 
discontinuance if not consistent with the public convenience 
and necessity.

Section 10704. Offers to purchase to avoid abandonment and 
        discontinuance

    This provision, which replaces former section 10905, 
governs so-called ``forced sales'' of lines proposing 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. Experience since 
the enactment of the Staggers Act has shown that, although 
outright sale of lines through this process can be an important 
means of assuring continued rail service under new private-
sector management, the subsidy procedure is very cumbersome, 
rarely employed, and requires considerable continuing 
regulatory supervision by the agency. In keeping with the goal 
of the bill to minimize the need for Federal regulation, one-
time outright sales, rather than continuing policing of subsidy 
arrangements, are clearly the preferable method of keeping 
lines in operation under private-sector management with a 
minimum of regulatory intervention.

Section 10705. Offering abandoned rail properties for sale for public 
        purposes

    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 proposed for up to 6 months to 
allow for the pursuit of such alternatives.

Section 10706. Exception

    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. Former section 10907(b) is 
eliminated to conform to general pre-emption of State economic 
regulation of rail carriers. Although this means that the spur, 
industrial, and other peripheral tracks formerly reserved for 
State jurisdiction will now be within the exclusive authority 
of the Federal agency, the Committee expects the agency to 
minimize regulatory burdens by utilizing its exemption power 
wherever possible with respect to these tracks formerly 
excluded from its jurisdiction.

                        Chapter 109--Operations

Section 10901. Providing transportation, service, and rates

    This section replaces former section 11101, but retains the 
existing legal duty of a rail carrier to provide transportation 
upon reasonable request--the ``common carrier obligation.'' 
Subsection (a) also clarifies certain aspects of the common 
carrier obligation in light of the repeal of the limited 
administrative complaint procedures for challenging contract 
(non-common-carrier) rail rates. As under former section 11101, 
a person requesting common-carrier service from a railroad is 
not denied his legal due by the carrier if the railroad 
declines to respond immediately to the request due to a prior 
contractual commitment to another shipper. The inclusion of the 
qualification that the responding carrier may invoke the 
defense that it is responding to prior ``reasonable'' 
commitments under contractual arrangements is not intended to 
imply any retraction of or limitation on the immunity of 
contract rates from rate-reasonableness challenges--a key 
feature of the contract rate regime since its creation by the 
Staggers Act. Instead, the focus on ``reasonable'' contractual 
commitments is intended to clarify that, although a casual 
requester of service cannot legally demand equal treatment with 
another shipper who has made a prior contract for service, the 
carrier may not render itself incapable of reasonably 
responding to such casual requests for common carrier service, 
such as by effectively divesting itself of control of its car 
fleet through committing all or virtually all of the fleet 
under prior contracts.
    In lieu of the former duty to quote rates in the form of a 
tariff pursuant to former sections 10761 and 10762, the new 
provision requires the carrier to quote rates on request in 
writing or by electronic means. Any increase in a quoted rate 
must be preceded by written notice from the carrier for a 
period of time prior to the effectiveness of the rate change to 
be specified by agency regulation. This last matter is 
delegated to the agency's discretion to allow greater 
flexibility in modernizing and conforming notification and 
effectiveness procedures to changes in business practices, such 
as electronic data interchange.

Section 10902. Use of terminal facilities

    This section 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.
    As noted in connection with section 10301, public mass 
transportation authorities are to be excluded from the most 
economic regulation under the amended statute. A specific 
exception is made in section 10301(c) for matters arising under 
sections 10902 an 10903. These are provisions dealing with 
access to or use of railroad facilities and infrastructure.
    Section 10902 retains the existing agency power to order 
access to terminal facilities, including main-line tracks a 
reasonable distance from the terminal. Under the statute as it 
would be amended by this bill, freight as well as passenger 
railroad operators could invoke this section in order to seek 
mandatory access to a freight railroad's terminal facilities 
and lines in close proximity to those facilities, based on a 
public-interest standard. Where the applicant for relief under 
section 10902 is a public mass transportation authority, as 
contemplated by section 10301(c), it is the Committee's 
expectation that the public interest standard would virtually 
always be satisfied, because the commuter rail or other mass 
transportation authority embodies the public policy decision of 
the State to devote resources to the known benefits of commuter 
rail and other mass transportation services.

Section 10903. Switch connections and tracks

    In replacing former section 11104, this section 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 complain to the agency.

                       Subchapter II--Car Service

Section 10921. Criteria

    This section replaces former section 11121, retaining 
existing authority to oversee and require reasonable rules and 
practices regarding car service. References to tariff 
requirements are deleted.

Section 10922. Compensation and practice

    This section 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. The authority of the ICC to adopt its 
final rules in Ex Parte No. 334 (Sub-Nos. 8 and 8A) is hereby 
confirmed.

Section 10923. Rerouting traffic on failure of rail carrier to serve 
        the public

    This section, 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. Subsection (c) carries forward existing 
powers under former section 10705(g) for the agency to 
prescribe temporary through routes in emergencies. This new 
section is also intended to provide the agency with general 
emergency authority, even after the repeal of former section 
11123.

Section 10924. War emergencies; embargoes imposed by carriers

    This section replaces former section 11128, retaining 
existing powers of the agency to give preference or priority to 
military or war-related traffic at Presidential request.

                  Subchapter III--Reports and Records

Section 10941. Definitions

    This section replaces the relevant rail definitions of 
former section 11141.

Section 10942. Uniform accounting system

    This section retains the agency's power under former 
section 11142 to prescribe standard accounting procedures for 
rail carriers. To conform to the Staggers Act policy explicitly 
referenced in other accounting provisions, the section adds a 
new directive that the agency utilize, to the maximum extent 
feasible, generally accepted accounting principles.

Section 10943. Depreciation charges

    This section retains the agency's authority over rail 
carrier depreciation procedures under former section 11143.

Section 10944. Records: form; inspection; preservation

    This section 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.

Section 10945. Reports by rail carriers, lessors, and brokers

    This section retains existing agency authority to require 
annual and other reports by regulated carriers under former 
section 11145. references to protective services are deleted in 
light of the abolition of agency jurisdiction over such 
matters.

                Subchapter IV--Railroad Cost Accounting

Section 10961. Implementation of cost accounting principles

    This section 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.

Section 10962. Rail carrier cost accounting system

    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.

Section 10963. Cost availability

    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.

Section 10964. Accounting and cost reporting

    This section replaces former section 11166, 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.

                          Chapter 111--Finance

Section 11101. Equipment trusts; recordation; evidence of indebtedness

    This section replaces former section 11303, governing 
recordation of security interests and other financial 
instruments affecting railroad rolling stock and locomotives. 
The new TAP 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 TAP 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 language of the new section is 
also modernized to conform to the terminology of the Uniform 
Commercial Code and related statutes, and to facilitate 
international recognition of security interests in rail cars 
and locomotives registered to foreign individuals and 
corporations.

Section 11121. Scope of authority

    This section replaces former section 11341. It reenacts 
existing law as to the scope of the agency's authority over 
approval and implementation of mergers and other control 
transactions, including the preemptive effect of the Federal 
agency's approval on otherwise applicable law from any source. 
The requirement that mergers be approved by shareholders is 
deleted to conform with the general design of abolishing 
separate railroad securities jurisdiction and relying upon 
general Federal securities laws administered by the Securities 
and Exchange Commission.

Section 11122. Limitation on pooling and division of transportation or 
        earnings

    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.

Section 11123. Consolidation, merger, and acquisition of control

    This section replaces former section 11343, but only with 
respect to Class I rail carriers. (Class II and Class III 
carriers' finance transactions are to be governed by new 
section 10702, discussed earlier.)
    The extent of agency jurisdiction over inter-carrier 
transactions involving mergers, trackage rights, and similar 
transactions remains essentially the same as under the former 
provision. However, language addressing the internal procedures 
of corporations participating in transactions subject to this 
section dealing with shareholder approval is deleted. This 
conforms with the bill's broader policy of abolishing 
specialized (and duplicative) railroad securities jurisdiction, 
because the laws and regulations administered by the Securities 
and Exchange Commission adequately address this subject.

Section 11124. Consolidation, merger, and acquisition of control: 
        conditions of approval

    This section 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 
tracks 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 procedural 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.

Section 11125. Consolidation, merger, and acquisition of control: 
        procedure

    This section replaces former section 11345, setting forth 
the maximum time limits for processing control and merger 
applications. The prior statutory limit of 31 months for major 
rail transactions has been reduced to a maximum of 270 days.

Section 11126. Employee protective arrangements in transactions among 
        rail carriers

    This provision, which replaces former section 11347, 
continues the requirements for mandatory imposition of labor 
protection benefits (severance and salary and benefit 
protection) in transactions between Class I railroads. These 
include mergers, trackage rights transactions, and 
abandonments.

Section 11127. Supplemental orders

    This section 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.

                  Chapter 113--State-Federal Relations

Section 11301. Tax discrimination against rail transportation property

    This provision replaces without substantive change former 
Section 11503, which forbids discriminatory State taxation of 
rail property as an unreasonable burden on interstate commerce.

Section 11302. Withholding State and local income tax by rail carriers

    This section 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.

     Chapter 115--Enforcement: Investigations, Rights, and Remedies

Section 11501. General authority

    This section reenacts without change the prior rail-related 
enforcement powers delineated in former section 11701.

Section 11502. Enforcement by the panel

    This section replaces former section 11702, describing the 
agency's power to enforce its orders in court.

Section 11503. Enforcement by the Attorney General

    This section replaces former section 11703, delineating the 
Attorney General's authority to take judicial enforcement 
actions and duty to take such actions on the agency's request. 
The former authorization for the Attorney General to initiate 
civil actions regarding the rate-discrimination requirements of 
the statute is eliminated as unnecessary.

Section 11504. Rights and remedies of persons injured by rail carriers

    This section retains the rail portions of former section 
11705, describing procedural requirements and other matters 
concerning civil actions to obtain damages for violations of 
agency orders other than for the payment of money.

Section 11505. Limitations on actions by and against rail carriers

    This provision reenacts without significant change the 
existing statutes of limitations on court actions involving 
rail carriers, formerly set out in section 11706.

Section 11506. Liability of rail carriers under receipts and bills of 
        lading

    This section reenacts the rail portions of the statutory 
regime governing carrier liability for loss and damage to 
shipments, known as the ``Carmack Amendment'' from its 
antecedent legislation, previously recodified as section 11707. 
Along with the facilities access provisions discussed earlier, 
this is the only provision of the revised statute still made 
applicable to rail passenger transportation, as well as freight 
service. Changes are also made in new subsection (c)(3) to 
clarify the option of shippers and carriers, by mutual 
agreement, to establish either a declared value limit on 
liability for loss or damage to the shipment or to provide for 
a deductible as part of their liability arrangements. The 
explicit authority to establish declared-value limits and 
deductible limits replaces former section 10730(c).

               Chapter 117--Civil and Criminal Penalties

Section 11701. General civil penalties

    This section retains applicable rail portions of former 
section 11901, regarding civil penalties for violations of 
agency orders. Conforming changes are made to reflect matters 
eliminated from agency jurisdiction, such as protective 
services (refrigerated cars).

Section 11702. Interference with car supply

    This section reenacts the sanctions authorized in former 
section 11907 or bribery-related conduct intended to influence 
the allocation of available rail car supply.

Section 11703. Record keeping and reporting violations

    This section retains the penalties specified in former 
section 11909 for violation of agency orders and requirements 
on record keeping and reports.

Section 11704. Unlawful disclosure of information

    This section contains the existing penalties for disclosure 
of confidential information related to rail shipments, as set 
out in former section 11910.

Section 11705. Disobedience to subpoenas

    This section retains existing penalties for refusal to 
comply with agency subpoenas, as provided in former section 
11913.

Section 11706. General criminal penalty when specific penalty not 
        provided

    This provision incorporates existing general penalty 
provisions of former section 11914.

Section 11707. Punishment of corporations for violations committed by 
        certain individuals

    This section retains existing law from former section 
11915, making corporations liable for acts and omissions of 
specified types of corporate officials, in addition to any 
liability of the individuals themselves.

Sec. 103. Motor carrier, water carrier, and freight forwarder 
        provisions

    This section creates a new Motor Carrier Act by amendment 
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 Panel.

                    Chapter 131--General Provisions

Sec. 13101. Transportation policy

    This section maintains the current national transportation 
policy for the Motor Carrier Act. The Committee intends that 
the current transportation policy should be interpreted as 
determining what matters are in the public interest.

Sce. 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. A change has been made to the 
definition of noncontiguous domestic trade to eliminate a 
limiting reference to motor-water shipments so that the 
definition refers to all shipments between the mainland United 
States and offshore States, possessions and territories.

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.

                 Chapter 133--Administrative Provisions

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 to any functions under the Motor Carrier Act transferred 
to the Panel. The Committee intends that powers conferred to 
the Secretary under this section that are beyond those general 
powers already conferred upon the Secretary in title 49 should 
only apply to the implementation of part B of Section IV of 
title 49. This is intended to confer upon the Secretary the 
same powers to enforce the Motor Carrier Act that the ICC had 
to enforce its provisions.

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.

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.

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.

                       Chapter 135--Jurisdiction

Sec. 13501. General jurisdiction

    This section transfers to the Secretary and the Panel the 
current ICC jurisdiction over transportation by motor carriers. 
This section defines which carriers are subject to the Motor 
Carrier Act.

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.

Sec. 13503. Exempt motor vehicle transportation in terminal areas

    This section preserves the current jurisdictional 
exemptions for operations conducted in a terminal area.

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.

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.

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.

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.

Sec. 13508. Limited authority over cooperative associations

    This section preserves current law regarding authority over 
cooperative associations.

              Subchapter II--Water Carrier Transportation

Sec. 13521. General jurisdiction

    This section defines the jurisdiction of the Secretary 
insofar as water transportation is concerned. This includes 
both port-to-port transportation by a water carrier and 
intermodal transportation by a water and motor carrier between 
two states, territories, or possessions of the United States.

              Subchapter III--Freighter Forwarder Service

Sec. 13531. General jurisdiction

    This section transfers to the Secretary jurisdiction over 
all freight forwarders and certain household goods freight 
forwarders.

                   Subchapter IV--Authority to Exempt

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 
authority over the 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 section 
13703 and 13907. The Committee intends that the Secretary and 
the Panel should use the exemption authority to continue the 
streamlining and deregulation of the Motor Carrier Act.

                 Chapter 137--Rates and Through Routes

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 
requirement only to household goods movements paid for by the 
householder and movements by or with a water carrier in 
noncontiguous trade. The section maintains the current basic 
rate reasonableness requirements for those two limited areas 
and transfers the regulatory authority to the Panel to 
prescribe a rate when the carrier's rate is not reasonable.
    The requirement for noncontiguous domestic trade includes 
rates for both port-to-port movements by water carriers or 
intermodal movements by water or motor carriers. Currently, 
port-to-port movements are regulated by the Federal Maritime 
Commission under the Intercoastal Shipping Act of 1933 and the 
Shipping Act of 1916. This bifurcated jurisdiction has created 
much legal confusion and promoted forum shopping. By 
consolidating the regulation of these trades in a single panel, 
a more consistent and efficient transportation policy can be 
achieved. Under section 13702(b)(3), a carrier may increase or 
decrease a base rate by not more than 10 percent of the base 
rate in effect one year before that date and the new rate is 
considered reasonable. This 10 percent zone may be increased or 
decreased based on the change in the Procedures Price Index in 
the prior year period. However, this zone of reasonableness for 
rate increases does not mean that the base rate cannot be 
challenged as unreasonable.

Sec. 13702. Tariff requirement for certain transportation

    This section narrows the requirement to maintain tariffs to 
only two categories of traffic; rates for movements by or with 
a water carrier in noncontiguous domestic trade and movements 
of household goods paid for by the householder. Tariff filings 
with the Panel are required only for a movement by or with a 
water carrier in noncontiguous domestic trade and the 
requirements for the comparison of tariff are streamlined and 
clarified. Carriers providing transportation of household goods 
paid for by the householder must publish tariffs and maintain 
such tariffs for inspection, are bound by the terms of its 
tariffs, and transportation without a tariff is prohibited. 
This section also precludes the possibility of any future 
undercharges by eliminating future tariff filings and 
precluding any remaining filed tariffs from creating 
undercharges.
    A carrier providing intermodal services in this trade is 
not required to state separately or otherwise reveal in tariff 
filings the inland divisions of a through rate. This section 
consolidates the current ICC and Federal Maritime Commission 
tariff filing system for the noncontiguous domestic trades into 
a single tariff filing system. This tariff filing is maintained 
to ensure that similarly situated shippers are treated the same 
by carriers based on the type and volume of cargo. It is not to 
be used for anticompetitive purposes such as ``price-
watching,'' where carriers tend to follow the rates of the 
highest priced carrier. The Panel should take whatever steps 
are necessary to ensure that the tariff filing system is not 
used for anticompetitive practices such as this.

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 paid for by the householder, classifications and mileage 
guides and certain other activities. Agreements may be approved 
only if the Panel finds it is in the public interest. The 
approval would expire three years after the approval date. 
Approvals may be renewed unless renewal is not in the public 
interest.
    The Committee intends that agreements currently approved 
shall continue as approved for three years after the date of 
enactment. The Committee further intends that at the end of a 
three year approval period, approved agreements would continue 
in effect until the Panel completes its consideration of the 
renewal request. While a renewal request is pending, the prior 
approval will still apply.

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.

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

    This section preserves current law providing that intercity 
bus 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 bus carriers involving their operations.

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.

Sec. 13707. 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.

Sec. 13708. 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.

Sec. 13709. 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).

Sec. 13710. 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. 
Specifically, it expands the unreasonable practice relief by 
removing the September 30, 1990 cut-off date.

Sec. 13711. Government traffic

    This section preserves current law that transportation may 
be provided for the U.S. Government at discounted rates.

Sec. 13712. Good 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.

                       Chapter 139--Registration

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.

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 provides 
for the safety requirements for 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.

Sec. 1393. 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 to 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.

Sec. 13904. Registration of motor carriers 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 
to comply with requirements imposed by the Secretary and Panel.

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.

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.

Sec. 13907. Household goods agents

    This section preserves the current law that grants agent-
van line arrangements antitrust immunity, including providing 
for agent-van line immunity for former ``second and third 
proviso'' moves. 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.

Sec. 13908. Registration and other reforms

    This section directs the Secretary, in cooperation with the 
States and after notice and opportunity for public comment, to 
issue regulations within 24 months to consolidate the current 
ICC registration system, the current registration system, the 
Single State Registration System and the current DOT insurance 
registration system into one unified, computerized system. The 
Secretary is permitted to preempt States from imposing 
substantially similar requirements upon carriers. The Secretary 
may establish fees to fully support the system, including any 
personnel necessary to support the overall registration and 
insurance filing system. The DOT should continue to collect 
registration fees collected by the ICC until the conclusion of 
the rulemaking and the implementation of any new Federal 
system.
    The Committees does not intend that any new Federal system 
impose any additional burdens or mandates on carriers. The 
Committee is particularly concerned that any new system not 
impose any additional insurance filing requirements on private 
motor carriers.
    Furthermore, the Committee is aware of the State's 
responsibilities to protect their citizens, and the States' 
needs for adequate funding of safety programs. The Committee 
intends that the Secretary work closely with the States while 
developing the unified registration system. The Secretary 
should consider how the new system can enhance the Federal-
State partnership that exits to ensure and improve motor 
carrier safety.

                   Chapter 141--Operation of Carriers

                   Subchapter I--General Requirements

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.

Sec. 14102. Leased motor vehicles

    This section transfer 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. The Committee directs that upon 
transfer, DOT should not continue any dispute resolution 
functions regarding the ICC leasing rules, but rather only 
oversee the regulations.

Sec. 14103. Loading and unloading motor vehicles

    This section preserves 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. 
The Committee directs that upon transfer, DOT should not 
continue any dispute resolution functions regarding these 
rules, but rather only oversee the regulations.

Sec. 14104. Household goods carrier operations

    This section preserves the performance standards for 
household goods carriers.
    The Committee directs that upon transfer, DOT should not 
continue any dispute resolution functions regarding these 
rules, but rather only oversee the regulations.

                   Subchapter II--Reports and Records

Sec. 14121. Definitions

    This section continues the existing provision that 
requirements under this subchapter extend to receivers, 
trustees, and associations of carriers or brokers.

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 the carrier.

Sec. 14123. Financial reporting

    Currently, the ICC has the authority to require, and does 
require, the filing of annual financial reports from Class I 
(annual revenues greater than $10 million) and Class II (annual 
revenues between $3 million and $10 million) carriers. The ICC 
received financial reports from 1,875 motor carriers in 1994.
    The Committee is aware that there is a difference of 
opinion as to the validity and benefits of financial reporting 
requirements. Labor representatives, safety groups, certain 
insurance interests, and some trucking companies (primarily 
public less-than-truckload carriers) believe that there is a 
safety benefit to these reporting requirements and that safety 
may be reduced in the face of financial difficulties. A 1991 
General Accounting Office report concluded that certain 
financial ratios such as operating ratio and net profit margin, 
could predict which interstate trucking companies would have 
safety problems. Some insurers have stated the financial 
reports are necessary to make determinations of insurability 
and to identify motor carriers most in need of supervision and 
assistance from safety engineers.
    However, others have stated that the reports cannot or 
should not be used to determine safety compliance, that needed 
information for insurance decisionmaking is easily obtained 
directly from the individual carrier client, and that the 
requirement is a paperwork burden particularly for smaller 
carriers. Several individual insurance companies have 
communicated to the Committee that these financial reports are 
not necessary for them to make insurance determinations. 
Another concern about the public release of this data was 
expressed to the Committee from privately-held carriers which 
do not file with the Securities and Exchange Commission and, 
thus, the information is not made publicly available through 
any other means. These carriers question whether the government 
and the public should have access to this otherwise private 
information.
    Some Members of the Committee were in favor of eliminating 
the reporting requirement altogether while others were in favor 
retaining it. The provision included in new section 14123 is a 
compromise which directs that the Secretary shall require 
financial reporting for Class I carriers and may require 
financial reporting for Class II carriers. Since many companies 
have raised concerns regarding the administrative burden in 
collecting and filing the information, the Secretary has 
discretion in requiring smaller carriers to file.
    Recognizing the legitimate concerns of privately-held 
companies about preserving the confidentiality of certain 
business information, upon request, the Secretary can exempt 
privately-held companies from the public release of their 
reports if it is necessary to avoid competitive harm and the 
disclosure of information that qualifies as a trade secret or 
privileged or confidential information under section 552(b)(4) 
of title 5. The Committee expects that the Secretary will 
review requests for exemptions from publication in a fair, 
reasonable manner. For example, the Secretary should allow an 
exemption where the filer has demonstrated a history of its 
treatment of the reports as trade secrets or privileged or 
confidential information, which history may include filing of 
such reports under a claim of confidentiality, litigation to 
prevent their release to the public, or release of such reports 
by the filer to third parties under confidentiality agreements 
or understanding. In considering any request, the Secretary may 
also consider the extent to which the filer has employed 
innovative technologies or methodologies, the cost or other 
effectiveness of which may be revealed in whole or in part by 
the public release of such reports, and such revelation may be 
considered to constitute competitive harm. Exemptions may also 
be granted upon a showing that the reports qualified under 
section 552(b)(4) of title 5. It is important to note that, 
even if an exemption is granted, the Secretary will still be in 
receipt of the information and can review the data for any 
safety implications. This should address concerns that safety 
may be diminished since the exemption covers only the public 
release of the data. The data can also be used in aggregate 
industry-wide statistics.
    Finally, the Secretary is given greater discretion in 
determining what data is to be reported and in what form. It is 
intended that the Secretary require only the information 
necessary to provide safety information or for the purposes 
under this section, and that the Secretary not impose onerous 
and excessive requirements. In addition, the Secretary should 
be aware that most carriers which are required to report are 
privately-held companies and information in the reports for 
these carriers would not be made public but for this 
requirement. Therefore, the Secretary should tailor reporting 
requirements to minimize disclosure of sensitive information.
    Current ICC regulations do not require carriers that carry 
more than 75% of their freight by contract to file financial 
reports. The Committee does not intend, through the elimination 
of the distinction between common and contract carriage, to 
extend financial reporting to those carriers that are currently 
exempt through this technical change in definition.

                          Chapter 143--Finance

Sec. 14301. Security interests in certain motor vehicles

    This section preserves current law governing the 
recordation of security interests in trucks, tractors, and 
trailers.

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 anitrust and other 
laws for approved pooling arrangements as current law provides. 
The Committee does not intend any change from existing pooling 
law.

                  Chapter 145--Federal-State Relations

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 makes two 
changes to the existing provision. First, it clarifies in 
subsection (b) that transportation brokers are treated the same 
as freight forwarders for the purposes of State preemption.
    Second, it adds a new provision as subsection (c)(2)(C) 
which provides a new exemption from the preemption of State 
regulation of intrastate transportation relating to the price 
of non-consensual tow truck services. This is only intended to 
permit States or political subdivisions thereof to set maximum 
prices for non-consensual tows, and is not intended to permit 
re-regulation of any other aspect of tow truck operations.
    The Committee had been asked to go farther and permit 
States and political subdivisions thereof to re-regulate all 
aspects of non-consensual tow truck services. The Committee 
provision struck a balance between the need to protect 
consumers from exorbitant towing fees and the need for a free 
market in towing services. Under the current provision, States 
and political subdivisions thereof would need to take 
affirmative action to re-regulate the prices of non-consensual 
tow truck operations.

Sec. 14502. Tax discrimination against motor carrier transportation 
        property

    This section preserves current restrictions on State and 
local authorities regarding the authority to tax property used 
to provide interstate trucking service.

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

    This section preserves the restrictions on State and local 
authorities regarding the authority to tax the earnings of 
employees of motor carriers and water carriers.

Sec. 14504. Registration of motor carriers by a State

    This section transfer the current single-state registration 
system for evidencing motor carrier insurance coverage to the 
Secretary until DOT develops a replacement under section 13908.

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 conforms the treatment of taxation of bus tickets 
to that of airline tickets.

       Chapter 147--Enforcement; Investigations; Rights; Remedies

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.

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.

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.

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 Panel under this part. This section also 
provides that complaints brought to enforce the motor carrier 
leasing and lumping rules may also seek injunctive relief.

Sec. 14705. Limitation on actions by and against carriers

    This section preserves the current relevant statutes of 
limitation for bringing court suits by or against carriers and 
makes the time limits uniform for all types of traffic.

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 carriers' 
liability. 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.

Sec. 14707. Private enforcement of registration requirement

    This section preserves the current private enforcement of 
the registration requirement by persons injured by the 
unregistered transportation of service.

Sec. 14708. Dispute settlement program for household good 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 as a condition of registration. This arbitration 
system is intended to afford consumers a forum to resolve loss 
and damage claims that may arise as part of the transportation 
of household goods. For claims of $1000 and less, if a shipper 
requests arbitration, it shall be binding on both parties. For 
claims in excess of $1000, then both the carrier and the 
shipper must agree to arbitrate the dispute.
    This provision is intended to replace the informal dispute 
resolution activities of current ICC employees.

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.

               Chapter 149--Civil and Criminal Penalties

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.

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.

Sec. 14903. Tariff violations

    This section retains current penalties for tariff 
violations and updates some penalty amounts.

Sec. 14904. Additional rate violations

    This section retains penalties for violations regarding 
rebates by agents and undercharging and updates the penalty 
amounts.

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.

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.

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.

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.

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.

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 and updates the penalty amounts.

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 updated the penalty amounts.

Sec. 14912. Weight-bumping in household goods transportation

    This section preserves the penalties for weight-bumping and 
updates the penalty amounts.

Sec. 14913. Conclusiveness of rates in certain prosecutions

    This section preserves current law regarding the conclusive 
proof of published or filed rates in certain proceedings and 
updates the penalty amounts.

Sec. 104. Miscellaneous Motor Carrier Provisions

    This section makes several amendments to other motor 
carrier provisions.
    Subsections (a) and (c) permit motor carriers to obtain the 
amount of financial responsibility required by the Secretary 
from more than one source, provided the cumulative amount of 
coverage exceeds the minimum requirement. These changes conform 
the statute to existing practice.
    Subsection (b) provides relief from Federal insurance 
requirements for interstate transportation to recipients of 
Federal Transit Administration funding who are located near 
State borders and who provide transportation in rural areas, 
including transportation to meet the specialized needs of 
elderly individuals and individuals with disabilities. Similar 
relief is already provided for transit operators in urban areas 
in section 13506(b). The federally-imposed insurance 
requirements, which are designed for large, commercial 
interstate carriers, are financially burdensome for these 
operators. With the relief provided by this section, transit 
operators in small communities will be better able to provide 
cross-State transportation to nearby medical or other necessary 
facilities. The section requires that such transit operators, 
when they cross a State line, meet the insurance requirements 
of the higher of any of the States in which they provide 
transit services.
    Subsection (d) alters the existing definition of commercial 
motor vehicle in section 31132 of title 49. The new definition 
includes those that transport passengers for compensation, 
except for vehicles that transport 6 or fewer passengers and 
provide taxicab services not on a regular route, and those 
vehicles transporting more than15 passengers. This new 
definition conforms the Department of Transportation definition 
with existing ICC jurisdiction.
    Subsection (e) permits the Secretary to continue existing 
practice of the ICC permitting carriers to self-insure.
    Subsection (f) directs the Secretary to conform the 
definition of an automotive transportation vehicle to include 
any vehicle that is a specialty transporter of race cars or 
trailers designed for the racing industry.

              TITLE II--TRANSPORTATION ADJUDICATION PANEL

Section 201. Title 49 Amendment

    This section enacts a new chapter 6 of title 49, United 
States Code, establishing and authorizing the Transportation 
Adjudication Panel as a decisionally independent organization 
within the Department of Transportation. The new sections of 
chapter 7 are described below.

Section 701. Establishment of panel

    This provision establishes the organizational powers of the 
TAP, including legal representation and budget matters.

Section 702. Functions

    This section 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.

Section 703. Administrative provisions

    This provision 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.

Section 704. Annual report

    This section requires an annual report by the TAP to 
Congress.

Secton 705. Authorization of appropriations

    This section places the TAP on a limited, cyclical 
reauthorization basis. (The ICC had a permanent authorization.) 
The bill provides for a 3-year authorization as follows: Fiscal 
year 1996, $8.421 million;\1\ fiscal year 1997, $12.0 million; 
fiscal year 1998, $12.0 million.
    \1\ This equals the FY 1996 DOT appropriation for transferred ICC 
functions. Funds for the first quarter of FY 1996 were separately 
appropriated for the ICC through December 31, 1995.
---------------------------------------------------------------------------

Section 706. Reporting official action

    This section retains existing procedures for making a 
record of official actions by the agency. It replaced former 
Section 10310.

                     Subchapter II--Administrative

Section 721. Powers

    This section grants the Panel administrative powers to take 
evidence and testimony, and generally parallels the ICC powers 
in former section 10321. New subsection (b)(4) explicitly 
authorizes the Panel to issue unilateral emergency injunctive 
orders to prevent irreparable harm. This power has been 
asserted and used by the ICC in the past, although not 
specifically granted by statute. The Committee intends to 
confirm the scope of the former ICC power in this regard, and 
anticipates that the agency's authority to grant emergency 
injunctive relief will replace where necessary the repealed 
power in former section 10707 to suspend or otherwise enjoin 
actions that pose a threat of irreparable harm.

Section 722. Panel action

    This provision specifies the effectiveness of Panel 
decisions, and establishes a rule of finality in subsection (d) 
for purposes of seeking judicial review of such decisions. The 
section also confers on the Panel the discretionary power to 
reopen prior proceedings, paralleling the ICC's analogous 
authority under former section 10327(g)(1).

Section 723. Service of notice in panel proceedings

    This section retains the general requirements of former 
section 10329 with respect to rail carriers.

Section 724. Service of process in court proceedings

    This provision adopts the rules applicable under former 
section 10330 with respect to serving court process on rail 
carriers.

Section 725. Administrative support

    This section requires the Secretary of Transportation to 
provide appropriate administrative support for Panel 
operations. Although the Panel is authorized to receive a 
separate appropriation, the Committee intends that the goal of 
minimizing administrative bureaucracy should be advanced by 
avoiding all forms of administrative duplication that were 
inherent in the prior arrangement of the Interstate Commerce 
Commission as a separate independent agency. For example, once 
established within DOT, the Panel should not be required to 
maintain separate payroll, personnel, equal employment 
opportunity, Freedom of Information Act, and other 
administrative offices of its own. Instead, for these purposes, 
the Panel should be treated as part of DOT and provided with 
all necessary support in these areas by the appropriate DOT 
offices. This is essential to achieving the goal of minimizing 
administrative costs and limiting the separate status of the 
Panel to decisional independence only.

Section 727. Definitions

    This section makes a necessary cross-reference to the 
substantive regulatory provisions of the statute, to make the 
definitions found there applicable to Panel administrative 
matters as well.

Section 202. Reorganization

    This section provides the Transportation Adjudication Panel 
with plenary authority to reorganize any former ICC function 
conferred on the Panel by this legislation, including personnel 
reorganization matters.

Section 203. Transfer of assets

    This section confers on the Panel authority over the 
personnel and assets of the ICC as of the date of enactment.

Section 204. Saving provisions

    Subsection (a) maintains in force all ICC rules, orders, 
and regulations that conform to current law as amended by this 
legislation, until modified or rescinded by the Panel.
    Subsection (b) establishes a general transition rule 
regarding administrative proceedings pending at the ICC on the 
date of enactment. Proceedings governed by provisions repealed 
in this legislation are to be terminated. Any other proceedings 
are to be completed under the legal standards in effect prior 
to enactment.
    Subsection (c) establishes a transition rule for matters 
pending in court on the date of enactment. As a general rule, 
such pending court cases are to be completed under the law in 
effect prior to enactment. An exception is made for matters 
remanded from a court: after such a remand, any subsequent 
administrative proceedings before the Panel are to be governed 
by the law as amended by this legislation.
    Subsection (d) confirms that all legal authorities 
conferred under laws transferred to the Panel by this Act or 
under laws enacted in the Act may continue to be exercised by 
an officer or employee of the Panel, except as otherwise 
provided by law.

Section 205. References

    Section 205 confirms that, even if not specifically changed 
in the conforming amendments contained in Title III, all 
references to the Interstate Commerce Commission in statute, 
orders, regulations, or other documents are deemed to refer to 
the Panel or its members or employees, as appropriate.

                    title iii--conforming amendments

    Title III contains numerous conforming amendments to other 
laws containing references to the Interstate Commerce 
Commission.
                                APPENDIX

                   Disposition of Existing Provisions

----------------------------------------------------------------------------------------------------------------
             Section                     Mode               Part A              Part B              Subject     
----------------------------------------------------------------------------------------------------------------
10101...........................  All...............  X.................  13101.............  National Transp.  
                                                                                               Policy.          
10101a..........................  Rail..............  10101a............  ..................  Rail Transp.      
                                                                                               Policy.          
10102...........................  All...............  10102.............  13102.............  Definitions.      
10103...........................  All...............  10103.............  13103.............  Remedies as       
                                                                                               cumulative/      
                                                                                               exclusive.       
10301...........................  All...............  701...............  ..................  Organization.--Gen
                                                                                               eral.            
New.............................  All...............  702...............  ..................  Transfer of       
                                                                                               functions.       
New.............................  All...............  703...............  ..................  Independence of   
                                                                                               Panel.           
10302...........................  All...............  X.................  ..................  Org--Divisions.   
10303...........................  All...............  X.................  ..................  Org--Secretary.   
10304...........................  All...............  X.................  ..................  Org.--Employee    
                                                                                               Boards.          
10305...........................  All...............  X.................  ..................  Org.--Delegation  
                                                                                               of Authy'.       
10306...........................  All...............  X.................  ..................  Org.--Conduct of  
                                                                                               Proceedings.     
10307...........................  All...............  X.................  ..................  Org.--Office and  
                                                                                               sessions.        
10308...........................  All...............  703(e)............  ..................  Org.--Admission to
                                                                                               Practice.        
10309...........................  All...............  X.................  ..................  Org.--Cong. Access
                                                                                               to records.      
10310...........................  All...............  706...............  ..................  Org--Reporting    
                                                                                               official action. 
10311...........................  All...............  704...............  ..................  Org.--Annual      
                                                                                               Report.          
New.............................  All...............  705...............  ..................  3-yr.             
                                                                                               Authorization of 
                                                                                               appropriations.  
10321...........................  All...............  721...............  13301.............  Powers            
10322...........................  Nonrail...........  ..................  X.................  Nonrail           
                                                                                               procedures.      
10323...........................  ..................  ..................  ..................  [previously       
                                                                                               repealed]        
10324...........................  All...............  722(a)-(b)........  ..................  Agency action.    
10325...........................  ..................  ..................  ..................  [previously       
                                                                                               repealed]        
10326...........................  Rail..............  X.................  ..................  Limitations in    
                                                                                               Rail Rulemakings.
10327...........................  Rail..............  722(c)-(d)........  ..................  Rail Procedures.  
10328...........................  All...............  X.................  13302.............  Intervention.     
10329...........................  All...............  723...............  13303.............  Service of notice.
10330...........................  All...............  724...............  13304.............  Service of        
                                                                                               process.         
10341-10344.....................  All...............  X.................  ..................  Joint Boards.     
10344(f)........................  All...............  725...............  ..................  Space of NARUC.   
10361-10364.....................  Rail..............  X.................  ..................  Rail Services     
                                                                                               Planning Office. 
10381-10388.....................  Rail..............  X.................  ..................  Rail Public       
                                                                                               Counsel.         
New.............................  All...............  726...............  ..................  Admin. support for
                                                                                               Panel.           
New.............................  All...............  727...............  ..................  Definitions same  
                                                                                               as subtitle IV.  
10501...........................  Rail..............   10301............  ..................  Rail General      
                                                                                               Jurisdiction.    
10502...........................  Rail..............  X.................  ..................  Express Carrier   
                                                                                               Transportation.  
10503...........................  Rail..............  X.................  ..................  Rail-Water        
                                                                                               Connections.     
10504...........................  Rail..............  X.................  ..................  Exempt rail mass  
                                                                                               transp.          
10505...........................  All...............  10302.............  13541.............  Exemption Auth'y. 
10521...........................  Motor.............  ..................  13501.............  Motor General     
                                                                                               Jurisdiction     
10522...........................  Motor.............  ..................  13502.............  Exempt Transp.--  
                                                                                               Alaska.          
10523...........................  Motor.............  ..................  13503.............  Exempt Terminal   
                                                                                               Areas transp.    
10524...........................  Motor.............  ..................   13505............  Transp. Furthering
                                                                                               Primary Business.
10525...........................  Motor.............  ..................  13504.............  Transp. Entirely  
                                                                                               in 1 State.      
10526...........................  Motor.............  ..................  13506.............  Misc. Motor       
                                                                                               Exemptions.      
10527...........................  Motor.............  ..................  X.................  Written contracts 
                                                                                               for certain      
                                                                                               exempt           
                                                                                               agricultural     
                                                                                               movements.       
10528...........................  Motor.............  ..................  13507.............  Mixed regulated & 
                                                                                               unregulated.     
10529...........................  Motor.............  ..................  13508.............  Cooperative       
                                                                                               Ass'ns.          
10530...........................  Motor.............  ..................  13902(c)..........  Foreign Carrier   
                                                                                               registrations.   
10531...........................  Motor.............  ..................  X.................  Mass transp.      
                                                                                               Exemption.       
10541...........................  Water.............  ..................  13521.............  Water General     
                                                                                               Jurisdiction.    
10542...........................  Water.............  ..................  X.................  Water--Exempt bulk
                                                                                               transp.          
10543...........................  Water.............  ..................  X.................  Water--Exempt     
                                                                                               incidental       
                                                                                               transp.          
10544...........................  Water.............  ..................  X.................  Water--Misc.      
                                                                                               Exemptions.      
                                                                                                                
10561...........................  Frt. F............  ..................  13531.............  Frt. Forwarder--  
                                                                                               General Jurisd'n.
                                                                                                                
10701...........................  All...............  10501 (a), (b)....  13701 (a).........  Rate Reas. Reqts. 
                                                                                                                
10701(f)........................  Motor.............  ..................  13708.............  Undercharge       
                                                                                               settlements.     
                                                                                                                
10701a..........................  Rail..............  10501 (c), (d)....  ..................  Rail Rate Reas.   
                                                                                               Reqts.           
                                                                                                                
10702...........................  All...............  10502.............  X.................  Carrier Auth'y to 
                                                                                               set rates.       
                                                                                                                
10703...........................  All...............  10503.............  13705.............  Carrier Auth'y for
                                                                                               Through Routes.  
                                                                                                                
10704...........................  All...............  10504.............  13701(b)..........  ICC Auth'y to     
                                                                                               prescribe rates. 
                                                                                                                
10705...........................  All...............  10505.............  13701(b)..........  ICC Auth'y to set 
                                                                                               through routes.  
                                                                                                                
10705a..........................  Rail..............  X.................  ..................  Joint rate        
                                                                                               surcharges.      
                                                                                                                
10706...........................  All...............  10506.............  13703.............  Collective        
                                                                                               activities &     
                                                                                               antitrust        
                                                                                               exemption.       
                                                                                                                
10707...........................  Rail..............  X.................  ..................  Suspension of new 
                                                                                               rail rates.      
                                                                                                                
10707a..........................  Rail..............  X.................  ..................  Zone of rate      
                                                                                               flexibility.     
                                                                                                                
10708...........................  Pipe & Motor......  X.................  X.................  Suspension of new 
                                                                                               nonrail rates.   
                                                                                                                
10709...........................  Rail..............  10507.............  ..................  Market Dominance. 
                                                                                                                
10710...........................  All...............  X.................  X.................  Discrim. against  
                                                                                               recyclables.     
10711...........................  Rail..............  X.................  ..................  Effect of certain 
                                                                                               sections.        
10712...........................  Rail..............  10508.............  ..................  Inflation-based   
                                                                                               increases.       
10713...........................  Rail..............  10509.............  ..................  Contract transp.  
10721...........................  All...............  10521.............  13711.............  Govt. Transp.     
10722...........................  All...............  X.................  X.................  Special passenger 
                                                                                               rates.           
10723...........................  All...............  X.................  X.................  Charitable.       
10724...........................  All...............  10522.............  X.................  Emergency rates.  
10725...........................  Frt. F............  ..................  X.................  Special frt.      
                                                                                               forwarder rates. 
10726...........................  Rail..............  X.................  ..................  Long- & short-haul
                                                                                               rates transp.    
10727...........................  ..................  ..................  ..................  [previously       
                                                                                               repealed].       
10728...........................  Rail..............  X.................  ..................  Separate rates for
                                                                                               distinct         
                                                                                               services.        
10729...........................  ..................  ..................  ..................  [previously       
                                                                                               repealed].       
10730...........................  All...............  11506(c)(3).......  X.................  Released rates.   
10731...........................  Rail..............  X.................  ..................  Recyclables rates.
10732...........................  ..................  ..................  13712.............  Food & grocery    
                                                                                               transp.          
10733...........................  Motor.............  ..................  X.................  Recyclable rates. 
10734...........................  Rail..............  10523.............  ..................  Car utilization.  
10735...........................  Motor.............  ..................  13704.............  HHG--binding      
                                                                                               estimates.       
10741...........................  All...............  10541.............  X.................  Anti-             
                                                                                               discrimination.  
10742...........................  Rail-Water........  10542.............  X.................  Facilities for    
                                                                                               interchange.     
10743...........................  All...............  X.................  X.................  Payment of rates. 
10744...........................  All...............  X.................  13706.............  Liability for     
                                                                                               payment of rates.
10745...........................  Rail..............  10543.............  ..................  Continuous        
                                                                                               carriage of      
                                                                                               freight.         
10746...........................  Rail..............  X.................  ..................  Commodities       
                                                                                               clause.          
10747...........................  All...............  10544.............  X.................  Facilities        
                                                                                               provided by      
                                                                                               shipper.         
10748...........................  Rail..............  X.................  ..................  Transp. of        
                                                                                               livestock.       
10749...........................  Frt. F............  ..................  X.................  HHG frt.          
                                                                                               forwarders--exchg
                                                                                               . of services.   
10750...........................  Rail..............  10545.............  ..................  Demurrage.        
10751...........................  All...............  X.................  X.................  Business          
                                                                                               entertainment    
                                                                                               expenses.        
10761...........................  All...............  X.................  13702(a)..........  Tariff required.  
10762...........................  All...............  X.................  13702(b)-(d)......  Tariff            
                                                                                               requirements.    
10762(a)........................  Motor.............  ..................  13709(a)..........  Undercharge       
(3)-(5).........................                                                               applicability.   
New.............................  Water.............  ..................  13702(e)..........  Port-to-port      
                                                                                               rates.           
10763...........................  Rail..............  X.................  ..................  Shipper routing.  
10764...........................  Rail..............  X.................  ..................  Arrangements      
                                                                                               between carriers.
10765...........................  All...............  X.................  X.................  Water arrangements
                                                                                               with other       
                                                                                               carriers.        
10766...........................  Frt. F............  ..................  X.................  Frt. Forwarder    
                                                                                               traffic          
                                                                                               agreements.      
10767...........................  Motor.............  ..................  13707.............  Billing and       
                                                                                               collecting       
                                                                                               practices.       
10781-..........................  Rail..............  X.................  ..................  Rail property     
10786...........................                                                               valuation.       
New.............................  Motor.............  ..................  13710.............  Undercharge--Unrea
                                                                                               s. practice from 
                                                                                               NRA (now a stat. 
                                                                                               note to 10701).  
10901...........................  Rail..............  10701, 10702......  ..................  Construction &    
                                                                                               operation.       
10902...........................  Rail..............  X.................  ..................  Safe & adequate   
                                                                                               facilities.      
10903...........................  Rail..............  X.................  ..................  Abandonment       
                                                                                               approval         
                                                                                               required.        
10904...........................  Rail..............  10703.............  ..................  Abandonment       
                                                                                               procedures.      
10905...........................  Rail..............  10704.............  ..................  Financial         
                                                                                               assistance.      
10906...........................  Rail..............  10705.............  ..................  Public use of     
                                                                                               abandoned lines. 
10907...........................  Rail..............  10706,              ..................  Spur track        
                                                       10301(c)(3),                            exemption.       
                                                       10102(5).                                                
10908...........................  Rail..............  X.................  ..................  Passenger route   
                                                                                               discontinuance--i
                                                                                               nterstate.       
10909...........................  Rail..............  X.................  ..................  Passenger route   
                                                                                               discontinuance--i
                                                                                               ntrastate.       
10910...........................  Rail..............  X.................  ..................  Feeder line       
                                                                                               development.     
10921...........................  Motor.............  ..................  13901.............  License           
                                                                                               requirement.     
10922...........................  Motor.............  ..................  13902.............  Motor carrier     
                                                                                               license.         
10923...........................  Motor.............  ..................  13903.............  Frt. forwarder    
                                                                                               license.         
10924...........................  Motor.............  ..................  13904.............  Broker license.   
10925...........................  Motor.............  ..................  13905.............  Duration of       
                                                                                               license.         
10926...........................  Motor.............  ..................  X.................  Transfers of      
                                                                                               licenses.        
10927...........................  Motor.............  ..................  13906.............  Security          
                                                                                               (Insurance)      
                                                                                               requirement.     
10928...........................  Motor.............  ..................  X.................  Temporary         
                                                                                               authority.       
10929...........................  Water.............  ..................  X.................  Temporary water   
                                                                                               authority.       
10930...........................  Motor.............  ..................  X.................  Limitations on    
                                                                                               licenses.        
10931...........................  Motor.............  ..................  X.................  Intrastate        
                                                                                               licensing.       
10932...........................  Motor.............  ..................  X.................  Motor savings     
                                                                                               provision.       
10933...........................  Frt. F............  ..................  X.................  Ceasing HHG frt.  
                                                                                               forwarder        
                                                                                               service.         
10934...........................  Motor.............  ..................  13907.............  HHG Agents.       
10935...........................  Motor.............  ..................  X.................  Bus route         
                                                                                               discontinuances. 
10936...........................  Motor.............  ..................  X.................  Limit on          
                                                                                               intrastate bus   
                                                                                               regulation.      
New.............................  Motor.............  ..................  13908.............  Replacement       
                                                                                               unified          
                                                                                               registration     
                                                                                               system.          
11101...........................  All...............  10901.............  14101.............  Providing transp. 
                                                                                               (Common carrier  
                                                                                               oblig'n).        
11101(d)........................  Motor.............  ..................  13709(b)..........  Undercharge--contr
                                                                                               act vs. common   
                                                                                               disputes.        
11102...........................  Motor.............  ..................  X.................  Classification of 
                                                                                               Carriers.        
11103...........................  Rail..............  10902.............  ..................  Use of terminal   
                                                                                               facilities.      
11104...........................  Rail..............  10903.............  ..................  Switch            
                                                                                               connections.     
11105...........................  Rail..............  X.................  ..................  Protective        
                                                                                               services (heat   
                                                                                               and cold).       
11106...........................  Motor.............  ..................  X.................  Identification of 
                                                                                               vehicles.        
11107...........................  Motor.............  ..................  14102.............  Leased vehicles   
                                                                                               (owner-          
                                                                                               operators).      
11108...........................  Water.............  ..................  X.................  Water--unreas.    
                                                                                               discrimination.  
11109...........................  Motor.............  ..................  14103.............  Lumping.          
11110...........................  Motor.............  ..................  14104.............  HHG operations.   
11111...........................  Motor.............  ..................  X.................  CB radios on      
                                                                                               buses.           
11121...........................  Rail..............  10921.............  ..................  Car service       
                                                                                               criteria.        
11122...........................  Rail..............  10922.............  ..................  Car service       
                                                                                               compensation.    
11123...........................  Rail..............  X.................  ..................  Emergency         
                                                                                               situations.      
11124...........................  Rail..............  10923.............  ..................  Rerouting.        
11125...........................  Rail..............  X.................  ..................  Directed service. 
11126...........................  Rail..............  X.................  ..................  Distribution of   
                                                                                               coal cars.       
11127...........................  Motor.............  ..................  X.................  HHG Frt. Forwarder
                                                                                               services.        
11128...........................  All...............  10924.............  X.................  War emergencies   
11141...........................  All...............  10941.............  14121.............  Reports and       
                                                                                               records.         
11142...........................  Motor.............  10942.............  X.................  Uniform accounting
                                                                                               system.          
11143...........................  All...............  10943.............  X.................  Depreciation      
                                                                                               charges.         
11144...........................  All...............  10944.............  14122.............  Records inspection
                                                                                               and retention.   
11145...........................  All...............  10945.............  14123.............  Reports by        
                                                                                               carriers.        
11161...........................  Rail..............  X.................  ..................  Railroad          
                                                                                               Accounting       
                                                                                               Principles Board 
                                                                                               (RAPB).          
11162...........................  Rail..............  X.................  ..................  Cost accounting   
                                                                                               principles.      
11163...........................  Rail..............  10961.............  ..................  Implementing      
                                                                                               accounting       
                                                                                               principles,      
                                                                                               accounting.      
11164...........................  Rail..............  10962.............  ..................  Certification of  
                                                                                               carrier's        
                                                                                               accounting.      
11165...........................  Rail..............  10963.............  ..................  Cost info. made   
                                                                                               available.       
11166...........................  Rail..............  10964.............  ..................  Cost reporting.   
11167...........................  Rail..............  X.................  ..................  RAPB report.      
11168...........................  Rail..............  X.................  ..................  RAPB funding      
                                                                                               authorized.      
11301...........................  Rail..............  X.................  ..................  Securities        
                                                                                               issuances.       
11302...........................  ..................  ..................  ..................  [previously       
                                                                                               repealed].       
11303...........................  Rail..............  11101.............  ..................  Equipment trusts. 
11304...........................  Motor.............  ..................  14301.............  Security interests
                                                                                               in motor         
                                                                                               vehicles.        
11321...........................  Rail-Water........  X.................  X.................  Ownership of water
                                                                                               carriers.        
11322...........................  Rail..............  X.................  ..................  Interlocking      
                                                                                               officers &       
                                                                                               directors.       
11323...........................  All...............  X.................  X.................  Ownership of      
                                                                                               carriers by HHG  
                                                                                               frt. forwarders. 
11341...........................  All...............  1121..............  14302(f)..........  Scope of authority
                                                                                               (antitrust       
                                                                                               immunity).       
11342...........................  All...............  11122.............  14302.............  Pooling.          
11343...........................  All...............  11123, 10702......  X.................  Mergers &         
                                                                                               consolidations.  
11344...........................  All...............  11124.............  X.................  Merger procedures--
                                                                                               general.         
11345...........................  Rail..............  11125.............  ..................  Merger procedures--
                                                                                               rail.            
11345a..........................  Motor.............  ..................  X.................  Merger procedures--
                                                                                               motor.           
11346...........................  Rail..............  X.................  ..................  Expedited merger  
                                                                                               procedure.       
11347...........................  Rail..............  11126.............  ..................  Labor protection  
                                                                                               for mergers.     
11348...........................  All...............  X.................  X.................  Authority over    
                                                                                               noncarrier in    
                                                                                               control.         
11349...........................  Motor.............  ..................  X.................  Temporary auth'y  
                                                                                               for mergers.     
11350...........................  Rail..............  X.................  ..................  Mergers--DOT      
                                                                                               sponsorship.     
11351...........................  All...............  11127.............  X.................  Mergers--supplemen
                                                                                               tal orders.      
11361-11367.....................  Rail..............  X.................  ..................  Financial         
                                                                                               Structure.       
11501...........................  All...............  X.................  14501.............  State preemptions.
11502...........................  All...............  X.................  X.................  Conferences & jt. 
                                                                                               hearings w/      
                                                                                               states.          
11503...........................  Rail..............  11301.............  ..................  Tax discrim.--    
                                                                                               rail.            
11503a..........................  Motor.............  ..................  14502.............  Tax discrim.--    
                                                                                               motor.           
11504...........................  All...............  11302.............  14503.............  Withholding st. & 
                                                                                               local income tax.
11505...........................  Rail, Frt. F......  X.................  X.................  St. actions to    
                                                                                               injoin           
                                                                                               abandonments by  
                                                                                               rail or HHG frt. 
                                                                                               forwarders.      
11506...........................  Motor.............  ..................  14505.............  Single-State      
                                                                                               registration.    
11507...........................  All...............  X.................  X.................  Prison-made       
                                                                                               property.        
New.............................  Motor.............  ..................  14505.............  Bus sales tax.    
11701...........................  All...............  11501.............  14701.............  General           
                                                                                               enforcement      
                                                                                               authority.       
11702...........................  All...............  11502.............  14702.............  ICC enforcement.  
11703...........................  All...............  11503.............  14703.............  Atty. Gen.        
                                                                                               enforcement.     
11704...........................  Motor.............  ..................  X.................  Private actions to
                                                                                               enjoin HHG frt.  
                                                                                               forwarder        
                                                                                               cessation of     
                                                                                               service.         
11705...........................  All...............  11504.............  14704.............  Rights & remedies 
                                                                                               of injured       
                                                                                               persons.         
11706...........................  All...............  11505.............  14705.............  Statute of        
                                                                                               limitations.     
11707...........................  All...............  11506.............  14706.............  Liability of      
                                                                                               common carriers  
                                                                                               under bills of   
                                                                                               lading.          
11708...........................  Motor.............  ..................  14707.............  Private           
                                                                                               enforcement of   
                                                                                               licensing.       
11709...........................  Rail..............  X.................  ..................  Liability for     
                                                                                               securities       
                                                                                               issuances.       
11710...........................  Rail..............  X.................  ..................  Liability for     
                                                                                               misrouting.      
11711...........................  Motor.............  ..................  14708.............  HHG Arbitration   
                                                                                               program.         
11712...........................  Motor.............  ..................  14709.............  Tariff            
                                                                                               reconciliation   
                                                                                               rules            
                                                                                               (undercharges).  
11901...........................  All...............  11701.............  14901.............  General civil     
                                                                                               penalties.       
11902...........................  All...............  X.................  14902.............  Penalties for     
                                                                                               rebates.         
11902a..........................  Motor.............  ..................  14905.............  Penalties for     
                                                                                               lumping.         
11903...........................  All...............  X.................  14903.............  Rate, discrim. &  
                                                                                               tariff           
                                                                                               violations.      
11904...........................  All...............  X.................  14904.............  Additional rate & 
                                                                                               discrim.         
                                                                                               violations.      
11905...........................  All...............  X.................  X.................  Free transp.      
11906...........................  Motor.............  ..................  14906.............  Evasion of        
                                                                                               regulation.      
11907...........................  Rail..............  11702.............  ..................  Interference with 
                                                                                               car supply.      
11908...........................  Motor.............  ..................  X.................  HHG Frt. Forwarder
                                                                                               abandonment of   
                                                                                               service.         
11909...........................  All...............  11703.............  14907.............  Record keeping &  
                                                                                               reporting        
                                                                                               violations.      
11910...........................  All...............  11704.............  14908.............  Unlawful          
                                                                                               disclosure of    
                                                                                               info.            
11911...........................  Rail..............  X.................  ..................  Unlawfl securities
                                                                                               issuances.       
11912...........................  All...............  X.................  X.................  Merger--violations
                                                                                               by noncarriers.  
11913...........................  All...............  11705.............  14909.............  Disobedience to   
                                                                                               subpenas.        
11913a..........................  Rail..............  X.................  ..................  Accounting        
                                                                                               principles       
                                                                                               violations.      
11914...........................  All...............  11706.............  14910.............  General criminal  
                                                                                               penalties.       
11915...........................  All...............  11707.............  14911.............  Corporate         
                                                                                               liability.       
11916...........................  All...............  X.................  14913.............  Conclusiveness of 
                                                                                               rates.           
11917...........................  Motor.............  ..................  14912.............  HHG weight-       
                                                                                               bumping.         
----------------------------------------------------------------------------------------------------------------

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the committee estimates that the 
enactment of H.R. 2539 will have no significant inflationary 
impact on prices and costs in the operations of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2539. However, clause 7(d) provides that this requirement 
does not apply when the Committee has included in its report a 
timely submitted cost estimate of the bill prepared by the 
Director of the Congressional Budget Office under section 403 
of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2539 does not contain any new budget authority, new credit 
authority, or an increase or decrease in revenues or tax 
expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight of the subject of H.R. 2539.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rules XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2539 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 6, 1995.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2539, the ICC 
Termination Act of 1995.
    Enacting H.R. 2539 would affect both direct spending and 
receipts, therefore, pay-as-you-go procedures would apply.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               Congressional Budget Office Cost Estimate

    1. Bill number: H.R. 2539.
    2. Bill title: ICC Termination Act of 1995.
    3. Bill status: As ordered reported by the House Committee 
on Transportation and Infrastructure on November 1, 1995.
    4. Bill purpose: The bill would terminate the Interstate 
Commerce Commission (ICC) by:
          eliminating various functions of the Commission;
          transferring the remaining functions to a newly 
        created Transportation Adjudication Panel (TAP) of the 
        Department of Transportation (DOT) and to the Federal 
        Highway Administration (FHWA);
          authorizing the TAP and FHWA to collect recording and 
        registration fees to offset some costs of the two 
        agencies;
          authorizing an appropriation of $8.4 million for 
        fiscal year 1996 and $12 million for each of fiscal 
        years 1997 and 1998 for the TAP; and
          updating railroad and motor carrier regulations to 
        reflect the termination of the ICC and other revisions.
    5. Estimated cost to the Federal Government: The bill would 
authorize the appropriation of about $32 million for the TAP 
over the next three fiscal years. In addition this bill would 
change the amount of civil and criminal and civil penalties 
collected by the federal government and spending from the Crime 
Victims Fund; however, CBO expects any change would be 
insignificant.

----------------------------------------------------------------------------------------------------------------
                                                        1995      1996      1997      1998      1999       200  
----------------------------------------------------------------------------------------------------------------
                                     Additional Revenues and Direct Spending                                    
Revenues, estimated.................................  ........     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)
Direct spending:                                                                                                
    Estimated budget authority......................  ........  ........     (\1\)     (\1\)     (\1\)     (\1\)
    Estimated outlays...............................  ........  ........     (\1\)     (\1\)     (\1\)     (\1\)
                                       Spending Subject to Appropriations                                       
Spending Under Current Law:                                                                                     
    Budget authority \2\............................        33        22  ........  ........  ........  ........
    Outlays.........................................        38        23         2  ........  ........  ........
Proposed changes:                                                                                               
    Authorization level.............................  ........  ........        12        12  ........  ........
    Estimated Outlays...............................  ........  ........        11        12         1  ........
Spending under H.R. 2539:                                                                                       
    Authorization level.............................        33        22        12        12  ........  ........
    Estimated outlays...............................        38        23        13        12         1  ........
----------------------------------------------------------------------------------------------------------------
\1\ Less than $50,000                                                                                           
\2\ The 1996 appropriations bill for transportation, which was recently cleared by the Congress, provides $8.4  
  million for the TAP--amounts equal to the authorization levels in H.R. 2539. In addition, the appropriations  
  bill provides $13.4 million to shut down the ICC.                                                             

    The costs of this bill fall within budget function 400.
    In addition to the amounts shown in the table, H.R. 2539 
could affect offsetting collections and spending from such 
collections. Because the CBO expects fees collections and 
spending from the fees to be equal, the fees should have no net 
impact on the budget.
    The bill would allow FHWA and the TAP to establish fees to 
replace fees currently collected by the ICC. FHWA would assess 
fees for registration of motor carriers and for filing evidence 
of financial responsibility. Under H.R. 2539, spending of those 
fees would not be subject to appropriations; spending of the 
current ICC fees is subject to appropriations.
    TAP would assess fees on railroads for the cost of 
recording evidence of mortgages, leases, and sales for railroad 
equipment. Spending of TAP fees would be subject to 
appropriations.
    6. Basis of estimate:
    Revenues and direct spending. If H.R. 2539 is enacted into 
law, the amount of civil and criminal penalties collected by 
the federal government would change. The bill would deregulate 
some of the activities for which the federal government 
currently collects civil penalties but also would increase the 
fines for the remaining activities. The ICC currently collects 
about $500,000 annually in both civil and criminal penalties, 
and we estimate that the net change in such penalties would be 
significantly less than $500,000 a year.
    Criminal penalties are deposited in the Crime Victims Fund 
and are spent the following year. Because the collection of 
criminal penalties would change, spending from the Crime 
Victims Fund would change. Because the change in penalties is 
expected to be very small, any change in spending also would be 
insignificant.
    Spending subject to appropriations. This estimate assumes 
that the full amounts authorized to be appropriated for the TAP 
would be appropriated for each fiscal year. (As shown in the 
table, the amounts authorized for 1996 have been included in 
the transportation appropriations bill recently cleared by the 
Congress.) The outlay estimates are based on the historical 
spending rate for the ICC. The bill does not specifically 
authorize funds to shut down the ICC, however, CBO estimates 
that at least $13 million (the amount provided in the 1996 
transportation appropriations bill) would be required to shut 
down the agency and provide severance pay, assuming that about 
100 people would be transferred to the TAP and 60 people to 
FHWA.
    The ICC and DOT have not determined how many people would 
be transferred if this bill is enacted into law. According to 
federal regulations, if a function is transferred from one 
agency to another, the people performing that function are 
automatically transferred. If significantly fewer than 160 
people are transferred from the ICC to the DOT, the ICC might 
need more than $13 million to shut down the agency. If 
significantly more than 160 people are transferred, the TAP and 
FHWA might need more funding than authorized in H.R. 2639 to 
handle the additional personnel.
    Fees. The bill does not authorize any additional funds to 
be appropriated to FHWA for the functions and personnel 
transferred to the agency. Such funding would come from the new 
fees that the bill would establish to replace fees currently 
collected by the ICC. The ICC collects about $8 million of fees 
annually for both rail and motor carrier activities, but the 
collection would drop if this bill is enacted because some of 
the functions that generate fees would be eliminated. Of that 
total, fees assessed to railroads by the TAP would total less 
than $1 million a year.
    FHWA would need to collect at least $5 million a year from 
motor carrier activities to pay the 60 people that would likely 
be transferred and to carry out its new functions. The bill 
would also require the FHWA to develop a new registration 
system for motor carriers within two years in order to 
streamline the current system. FHWA has doubts about its 
ability to collect sufficient funds to cover these costs under 
the ICC's fee structure. If the fees are not increased, 
additional funds would have to be appropriated or the FHWA 
would have to cut back in other areas.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. CBO estimates that enacting 
H.R. 2539 would change the amount of civil and criminal 
penalties collected by the federal government and spending from 
the Crime Victims Fund. Therefore, pay-as-you-go procedures 
would apply to the bill; however, the changes in both receipts 
and outlays would be less than $500,000 a year.

----------------------------------------------------------------------------------------------------------------
                                                             1996                1997                1998       
----------------------------------------------------------------------------------------------------------------
Change in outlays...................................                  0                   0                   0 
Change in receipts..................................                  0                   0                   0 
----------------------------------------------------------------------------------------------------------------

    8. Estimated cost to state and local governments: H.R. 2539 
contains a number of provisions that would affect state and 
local governments. Two provisions would likely result in costs 
to such governments, primarily in the form of lost revenues. 
The bill also has elements that would ease the requirements and 
regulatory burdens on state and local transportation agencies. 
Given the uncertainty over the impact of the bill's 
deregulatory measures at the state and local level, CBO is not 
able to provide an estimate of the bill's net impacts at this 
time. Provisions with the most direct effect on state and local 
governments are discussed below.
    Potential costs. H.R. 2539 would preempt a state's ability 
to collect taxes or fees on interstate bus travel. The state of 
Oklahoma is currently the only state with such a tax in place. 
The Oklahoma Tax Commission estimates that the tax generates 
approximately $400,000 a year in revenue for the state. The 
state of Utah recently approved a tax on interstate bus service 
that is scheduled to go into effect January 1, 1996. Utah was 
not able to provide an estimate of the revenue it expects to 
raise from the tax.
    The bill would require the Secretary, in cooperation with 
the states, to replace the current motor carrier 
identification, registration, and information systems with a 
single on-line system. This consolidation could lead to the 
repeal of the existing Single State Registration System (SSRS), 
which requires motor carriers to register annually with one 
state and provide proof of insurance. States are allowed to 
assess a fee for this service. According to the National 
Conference of State Transportation Specialists, states collect 
a total of approximately $89 million a year in such fees. If 
the Secretary prohibits the state insurance registration system 
in favor of a program administered at the federal level, the 
states would no longer be able to collect the SSRS fees. The 
states would, however, realize savings from not having to 
administer or enforce the program. None of the states we 
contacted, nor any of the national interest groups representing 
state interests, were able to provide an estimate of these 
costs. Many states also apply the SSRS revenues toward their 
matching requirements for federal Motor Carrier Safety 
Assistance Program (MCSAP) funds. To the extent that states use 
the fee revenue in this way, elimination of the single state 
registration program and the ability to charge these fees would 
require that some states find other sources of matching funds 
or face losing MCSAP monies.
    Potential savings. H.R. 2539 contains at least two 
provisions that would directly benefit state governments. The 
bill would exempt interstate mass transportation services 
funded with federal grants for rural, elderly, or disabled 
populations from federal minimum financial responsibility 
requirements as long as they meet state standards. This 
provision should make running these services easier and cheaper 
for state and local governments. The bill would also grant 
public rail authorities the right to reasonable use of terminal 
facilities, switch connections, and tracks of other rail 
carriers subject to the Transportation Adjudication Panel's 
jurisdiction. Although the public rail authorities would be 
required to provide compensation for such services, the 
provision could save the authorities from having to construct 
and maintain their own infrastructure to serve the same 
purposes.
    9. Estimate comparison: None.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Federal cost estimate, John 
Patterson and Stephanie Weiner; State and local government cost 
estimate, Karen McVey.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.
    On the motion to order H.R. 2539 to be reported, as 
amended, the vote was 36-22.
        AYES--36                      NAYS--22
Bachus                              Barcia
Baker                               Borski
Bateman                             Brown
Blute                               Clement
Boehlert                            Clyburn
Brewster                            Collins
Clinger                             Costello
Coble                               Cramer
Duncan                              Danner
Ehlers                              DeFazio
Emerson                             Filner
Ewing                               Johnson
Fowler                              Lipinski
Franks                              McCarthy
Gilchrest                           Mascara
Hayes                               Menendez
Horn                                Nadler
Hutchinson                          Norton
Kelly                               Oberstar
Kim                                 Poshard
LaHood                              Traficant
Latham                              Wise
LaTourette
Martini
Mica
Molinari
Parker
Petri
Quinn
Rahall
Seastrand
Tate
Wamp
Weller
Zeliff
Shuster

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                      TITLE 49, UNITED STATES CODE

                        TITLE 49--TRANSPORTATION

Subtitle                                                            Sec.
      DEPARTMENT OF TRANSPORTATION...................................101
     * * * * * * *
      INTERSTATE [COMMERCE] TRANSPORTATION.........................10101
     * * * * * * *


                SUBTITLE I--DEPARTMENT OF TRANSPORTATION


Chapter                                                             Sec.

      ORGANIZATION...................................................101
     * * * * * * *
      TRANSPORTATION ADJUDICATION PANEL..............................701
     * * * * * * *

              CHAPTER 7--TRANSPORTATION ADJUDICATION PANEL

                       SUBCHAPTER I--ESTABLISHMENT

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

                      SUBCHAPTER II--ADMINISTRATIVE

721. Powers.
722. Panel action.
723. Service of notice in Panel proceedings.
724. Service of process in court proceedings.
725. National organization of State commissions.
726. Administrative support.
727. Definitions.

                      SUBCHAPTER I--ESTABLISHMENT

Sec. 701. Establishment of Panel

  (a) Establishment.--There is hereby established within the 
Department of Transportation the Transportation Adjudication 
Panel.
  (b) Membership.--(1) The Panel shall consist of 3 members, to 
be appointed by the President, by and with the advice and 
consent of the Senate. Not more than 2 members may be appointed 
from the same political party.
  (2) At any given time, at least 2 members of the Panel shall 
be individuals with professional standing and demonstrated 
knowledge in the fields of transportation or transportation 
regulation, and at least one member shall be an individual with 
professional or business experience in the private sector.
  (3) The term of each member of the Panel shall be 5 years and 
shall begin when the term of the predecessor of that member 
ends. An individual appointed to fill a vacancy occurring 
before the expiration of the term for which the predecessor of 
that individual was appointed, shall be appointed for the 
remainder of that term. When the term of office of a member 
ends, the member may continue to serve until a successor is 
appointed and qualified, but for a period not to exceed one 
year. The President may remove a member for inefficiency, 
neglect of duty, or malfeasance in office.
  (4) On the effective date of this section, the members of the 
Interstate Commerce Commission then serving unexpired terms 
shall become members of the Panel, to serve for a period of 
time equal to the remainder of the term for which they were 
originally appointed to the Interstate Commerce Commission.
  (5) No individual may serve as a member of the Panel for more 
than 2 terms. In the case of an individual who becomes a member 
of the Panel pursuant to paragraph (4), or an individual 
appointed to fill a vacancy occurring before the expiration of 
the term for which the predecessor of that individual was 
appointed, such individual may not be appointed for more than 
one additional term.
  (6) A member of the Panel may not have a pecuniary interest 
in, hold an official relation to, or own stock in or bonds of, 
a carrier providing transportation by any mode and may not 
engage in another business, vocation, or employment.
  (7) A vacancy in the membership of the Panel does not impair 
the right of the remaining members to exercise all of the 
powers of the Panel. The Panel may designate a member to act as 
Director during any period in which there is no Director 
designated by the President.
  (c) Director.--(1) There shall be at the head of the Panel a 
Director, who shall be designated by the President from among 
the members of the Panel. The Director shall receive 
compensation at the rate prescribed for level III of the 
Executive Schedule under section 5314 of title 5.
  (2) Subject to the general policies, decisions, findings, and 
determinations of the Panel the Director shall be responsible 
for administering the Panel. The Director may delegate the 
powers granted under this paragraph to an officer, employee, or 
office of the Panel. The Director shall--
          (A) appoint and supervise, other than regular and 
        full time employees in the immediate offices of another 
        member, the officers and employees of the Panel, 
        including attorneys to provide legal aid and service to 
        the Panel and its members, and to represent the Panel 
        in any case in court;
          (B) appoint the heads of offices with the approval of 
        the Panel;
          (C) distribute Panel responsibilities among officers 
        and employees and offices of the Panel;
          (D) prepare requests for appropriations for the Panel 
        and submit those requests to the President and Congress 
        with the prior approval of the Panel; and
          (E) supervise the expenditure of funds allocated by 
        the Panel for major programs and purposes.

Sec. 702. Functions

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

Sec. 703. Administrative provisions

  (a) Executive Reorganization.--Chapter 9 of title 5, United 
States Code, shall apply to the Panel in the same manner as it 
does to an independent regulatory agency.
  (b) Open Meetings.--For purposes of section 552b of title 5, 
United States Code, the Panel shall be deemed to be an agency.
  (c) Independence.--In the performance of their functions, the 
members, employees, and other personnel of the Panel shall not 
be responsible to or subject to the supervision or direction of 
any officer, employee, or agent of any other part of the 
Department of Transportation.
  (d) Representation by Attorneys.--Attorneys designated by the 
Director of the Panel may appear for, and represent the Panel 
in, any civil action brought in connection with any function 
carried out by the Panel pursuant to this chapter or subtitle 
IV or as otherwise authorized by law.
  (e) Admission to Practice.--Subject to section 500 of title 
5, the Panel may regulate the admission of individuals to 
practice before it and may impose a reasonable admission fee.
  (f) Budget Requests.--In each annual request for 
appropriations by the President, the Secretary of 
Transportation shall identify the portion thereof intended for 
the support of the Panel and include a statement by the Panel--
          (1) showing the amount requested by the Panel in its 
        budgetary presentation to the Secretary and the Office 
        of Management and Budget; and
          (2) an assessment of the budgetary needs of the 
        Panel.
  (g) Direct Transmittal to Congress.--The Panel shall transmit 
to Congress copies of budget estimates, requests, and 
information (including personnel needs), legislative 
recommendations, prepared testimony for congressional hearings, 
and comments on legislation at the same time they are sent to 
the Secretary of Transportation. An officer of an agency may 
not impose conditions on or impair communications by the Panel 
with Congress, or a committee or member of Congress, about the 
information.

Sec. 704. Annual report

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

Sec. 705. Authorization of appropriations

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

Sec. 706. Reporting official action

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

                     SUBCHAPTER II--ADMINISTRATIVE

Sec. 721. Powers

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

Sec. 722. Panel action

  (a) Unless otherwise provided in subtitle IV, the Panel may 
determine, within a reasonable time, when its actions, other 
than an action ordering the payment of money, take effect.
  (b) An action of the Panel remains in effect under its own 
terms or until superseded. The Panel may change, suspend, or 
set aside any such action on notice. Notice may be given in a 
manner determined by the Panel. A court of competent 
jurisdiction may suspend or set aside any such action.
  (c) The Panel may, at any time on its own initiative because 
of material error, new evidence, or substantially changed 
circumstances--
          (1) reopen a proceeding;
          (2) grant rehearing, reargument, or reconsideration 
        of an action of the Panel; or
          (3) change an action of the Panel.
An interested party may petition to reopen and reconsider an 
action of the Panel under this subsection under regulations of 
the Panel.
  (d) Notwithstanding subtitle IV, an action of the Panel under 
this section is final on the date on which it is served, and a 
civil action to enforce, enjoin, suspend, or set aside the 
action may be filed after that date.

Sec. 723. Service of notice in Panel proceedings

  (a) A carrier providing transportation subject to the 
jurisdiction of the Panel under subtitle IV shall designate an 
agent in the District of Columbia, on whom service of notices 
in a proceeding before, and of actions of, the Panel may be 
made.
  (b) A designation under subsection (a) of this section shall 
be in writing and filed with the Panel.
  (c) Except as otherwise provided, notices of the Panel shall 
be served on its designated agent at the office or usual place 
of residence in the District of Columbia of that agent. A 
notice of action of the Panel shall be served immediately on 
the agent or in another manner provided by law. If that carrier 
does not have a designated agent, service may be made by 
posting the notice in the office of the Panel.
  (d) In a proceeding involving the lawfulness of 
classifications, rates, or practices of a rail carrier that has 
not designated an agent under this section, service of notice 
of the Panel on an attorney in fact for the carrier constitutes 
service of notice on the carrier.

Sec. 724. Service of process in court proceedings

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

Sec. 725. National organization of State commissions

  The Administrator of General Services shall assign space and 
facilities for the use of the national organization of the 
State commissions and their representatives. The space and 
facilities shall be available for the use of the State 
commissions and their representatives cooperating with the 
Panel or with another department, agency, or instrumentality of 
the United States Government. The rental for such space shall 
be paid by the national organization's Federal agency members 
other than the Panel.

Sec. 726. Administrative support

  The Secretary of Transportation shall provide appropriate 
administrative support for the Panel.

Sec. 727. Definitions

  All terms used in this chapter that are defined in subtitle 
IV shall have the meaning given those terms in that subtitle.
          * * * * * * *

                   [SUBTITLE IV--INTERSTATE COMMERCE

[Chapter                                                           [Sec.

[101.  General Provisions......................................... 10101
[103.  Interstate Commerce Commission............................. 10301
[105.  Jurisdiction............................................... 10501
[107.  Rates, Tariffs, and Valuations............................. 10701
[109.  Licensing.................................................. 10901
[111.  Operations of Carriers..................................... 11101
[113.  Finance.................................................... 11301
[115.  Federal-State Relations.................................... 11501
[117.  Enforcement: Investigations, Rights, and Remedies.......... 11701
[119.  Civil and Criminal Penalties............................... 11901

                    [CHAPTER 101--GENERAL PROVISIONS

[Sec.

[10101.  Transportation policy.
[10101a.  Rail transportation policy.
[10102.  Definitions.
[10103.  Remedies as cumulative.

[Sec. 10101. Transportation policy

  [(a) Except where policy has an impact on rail carriers, in 
which case the principles of section 10101a of this title shall 
govern, to ensure the development, coordination, and 
preservation of a transportation system that meets the 
transportation needs of the United States, including the United 
States Postal Service and national defense, it is the policy of 
the United States Government to provide for the impartial 
regulation of the modes of transportation subject to this 
subtitle, and--
          [(1) in regulating those modes--
                  [(A) to recognize and preserve the inherent 
                advantage of each mode of transportation;
                  [(B) to promote safe, adequate, economical, 
                and efficient transportation;
                  [(C) to encourage sound economic conditions 
                in transportation, including sound economic 
                conditions among carriers;
                  [(D) to encourage the establishment and 
                maintenance of reasonable rates for 
                transportation without unreasonable 
                discrimination or unfair or destructive 
                competitive practices;
                  [(E) to cooperate with each State and the 
                officials of each State on transportation 
                matters; and
                  [(F) to encourage fair wages and working 
                conditions in the transportation industry;
          [(2) in regulating transportation by motor carrier, 
        to promote competitive and efficient transportation 
        services in order to (A) encourage fair competition, 
        and reasonable rates for transportation by motor 
        carriers of property; (B) promote Federal regulatory 
        efficiency in the motor carrier transportation system 
        and to require fair and expeditious regulatory 
        decisions when regulation is required; (C) meet the 
        needs of shippers, receivers, passengers, and 
        consumers; (D) allow a variety of quality and price 
        options to meet changing market demands and the diverse 
        requirements of the shipping and traveling public; (E) 
        allow the most productive use of equipment and energy 
        resources; (F) enable efficient and well-managed 
        carriers to earn adequate profits, attract capital, and 
        maintain fair wages and working conditions; (G) provide 
        and maintain service to small communities and small 
        shippers and intrastate bus services; (H) provide and 
        maintain commuter bus operations; (I) improve and 
        maintain a sound, safe, and competitive privately owned 
        motor carrier system; (J) promote greater participation 
        by minorities on the motor carrier system; and (K) 
        promote intermodal transportation; and
          [(3) in regulating transportation by motor carrier of 
        passengers (A) to cooperate with the States on 
        transportation matters for the purpose of encouraging 
        the States to exercise intrastate regulatory 
        jurisdiction in accordance with the objectives of this 
        subtitle; (B) to provide Federal procedures which 
        ensure that intrastate regulation is exercised in 
        accordance with this subtitle; and (C) to ensure that 
        Federal reform initiatives enacted by the Bus 
        Regulatory Reform Act of 1982 are not nullified by 
        State regulatory actions.
  [(b) This subtitle shall be administered and enforced to 
carry out the policy of this section.

[Sec. 10101a. 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 Interstate 
        Commerce Commission;
          [(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 cooperate with the States on transportation 
        matters to assure that intrastate regulatory 
        jurisdiction is exercised in accordance with the 
        standards established in this subtitle;
          [(10) to encourage honest and efficient management of 
        railroads and, in particular, the elimination of 
        noncompensatory rates for rail transportation;
          [(11) 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;
          [(12) to encourage fair wages and safe and suitable 
        working conditions in the railroad industry;
          [(13) to prohibit predatory pricing and practices, to 
        avoid undue concentrations of market power and to 
        prohibit unlawful discrimination;
          [(14) to ensure the availability of accurate cost 
        information in regulatory proceedings, while minimizing 
        the burden on rail carriers of developing and 
        maintaining the capability of providing such 
        information; and
          [(15) to encourage and promote energy conservation.

[Sec. 10102. Definitions

  [In this subtitle--
          [(1) ``broker'' means a person, other than a motor 
        carrier or an employee or agent of a motor carrier, 
        that as a principal or agent sells, offers for sale, 
        negotiates for, or holds itself out by solicitation, 
        advertisement, or otherwise as selling, providing, or 
        arranging for, transportation by motor carrier for 
        compensation.
          [(2) ``carrier'' means a common carrier and a 
        contract carrier.
          [(3) ``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.
          [(4) ``common carrier'' means an express carrier, a 
        pipeline carrier, a rail carrier, a sleeping car 
        carrier, a motor common carrier, a water common 
        carrier, and a household goods freight forwarder.
          [(5) ``commuter bus operations'' means short-haul 
        regularly scheduled passenger service provided by motor 
        vehicle in metropolitan and suburban areas, whether 
        within or across the geographical boundaries of a 
        State, and utilized primarily by passengers using 
        reduced-fare, multiple-ride, or commutation tickets 
        during morning and evening peak period operations.
          [(6) ``contract carrier'' means a motor contract 
        carrier and water contract carrier.
          [(7) ``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.
          [(8) ``express carrier'' means a person providing 
        express transportation for compensation.
          [(9) ``freight forwarder'' means a person holding 
        itself out to the general public (other than as an 
        express, pipeline, rail, sleeping car, 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 the jurisdiction of the 
                Interstate Commerce Commission under subchapter 
                I, II, or III of chapter 105 of this title.
          [Such term does not include a person using 
        transportation of an air carrier subject to part A of 
        subtitle VII of this title.
          [(10) ``highway'' means a road, highway, street, and 
        way in a State.
          [(11) ``household goods'' means--
                  [(A) personal effects and property used or to 
                be used in a dwelling when a part of the 
                equipment or supply of such dwelling and such 
                other similar property as the Commission may 
                provide by regulation; except that this 
                subparagraph shall not be construed to include 
                property moving from a factory or store, except 
                such property as the householder has purchased 
                with intent to use in his dwelling and which is 
                transported at the request of, and the 
                transportation charges paid to the carrier by, 
                the householder;
                  [(B) furniture, fixtures, equipment, and the 
                property of stores, offices, museums, 
                institutions, hospitals or other establishments 
                when a part of the stock, equipment, or supply 
                of such stores, offices, museums, institutions, 
                hospitals, or other establishments and such 
                other similar property as the Commission may 
                provide by regulation; except that this 
                subparagraph shall not be construed to include 
                the stock-in-trade of any establishment, 
                whether consignor or consignee, other than used 
                furniture and used fixtures, except when 
                transported as incidental to moving of the 
                establishment, or a portion thereof, from one 
                location to another; and
                  [(C) articles, including objects of art, 
                displays, and exhibits, which because of their 
                unusual nature or value require the specialized 
                handling and equipment usually employed in 
                moving households goods and such other similar 
                articles as the Commission may provide by 
                regulation; except that this subparagraph shall 
                not be construed to include any article, 
                whether crated or uncrated, which does not, 
                because of its unusual nature or value, require 
                the specialized handling and equipment usually 
                employed in moving household goods.
          [(12) ``household goods freight forwarder'' means a 
        freight forwarder of one of more of the following 
        items: household goods, unaccompanied baggage, or used 
        automobiles.
          [(13) ``individually determined rate, classification, 
        rule, or practice'' means a rate, classification, rule, 
        or practice established by--
                  [(A) a single motor common carrier for 
                application to transportation that it can 
                provide over its line; or
                  [(B) 2 or more interlining carriers without 
                participation in an organization established or 
                continued under an agreement approved under 
                section 10706(b) for application to 
                transportation that the interlining carriers 
                can provide jointly over their lines.
          [(14) ``motor carrier'' means a motor common carrier 
        and a motor contract carrier.
          [(15) ``motor common carrier'' means a person holding 
        itself out to the general public to provide motor 
        vehicle transportation for compensation over regular or 
        irregular routes, or both.
          [(16) ``motor contract carrier'' means--
                  [(A) a person, other than a motor common 
                carrier, providing motor vehicle transportation 
                of passengers for compensation under continuing 
                agreements with a person or a limited number of 
                persons--
                          [(i) by assigning motor vehicles for 
                        a continuing period of time for the 
                        exclusive use of each such person; or
                          [(ii) designed to meet the distinct 
                        needs of each such person; and
                  [(B) a person providing motor vehicle 
                transportation of property for compensation 
                under continuing agreements with one or more 
                persons--
                          [(i) by assigning motor vehicles for 
                        a continuing period of time for the 
                        exclusive use of each such person; or
                          [(ii) designed to meet the distinct 
                        needs of each such person.
          [(17) ``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 10521(a) (1) and (2) 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.
          [(18) ``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 
        Commission, 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.
          [(19) ``non-contiguous domestic trade'' means motor-
        water transportation subject to the jurisdiction of the 
        Commission under chapter 105 of this title involving 
        traffic originating in or destined to Alaska, Hawaii, 
        or a territory or possession of the United States.
          [(20) ``person'', in addition to its meaning under 
        section 1 of title 1, includes a trustee, receiver, 
        assignee, or personal representative of a person.
          [(21) ``pipeline carrier'' means a person providing 
        pipeline transportation for compensation.
          [(22) ``rail carrier'' means a person providing 
        railroad transportation for compensation.
          [(23) ``railroad'' includes--
                  [(A) a bridge, car float, lighter, and ferry 
                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.
          [(24) ``rate'' means a rate, fare, or charge for 
        transportation.
          [(25) ``sleeping car carrier'' means a person 
        providing sleeping car transportation for compensation.
          [(26) ``State'' means a State of the United States 
        and the District of Columbia.
          [(27) ``tariff'', when used in reference to a 
        contract carrier, means a schedule.
          [(28) ``transportation'' includes--
                  [(A) a locomotive, car, vehicle, motor 
                vehicle, vessel, warehouse, wharf, pier, dock, 
                yard, property, facility, instrumentality, or 
                equipment of any kind related to the movement 
                of passengers or property, or both, regardless 
                of ownership or an agreement concerning use; 
                and
                  [(B) services related to that movement, 
                including receipt, delivery, elevation, 
                transfer in transit, refrigeration, icing, 
                ventilation, storage, handling, and interchange 
                of passengers and property.
          [(29) ``United States'' means the States of the 
        United States and the District of Columbia.
          [(30) ``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.
          [(31) ``water carrier'' means a water common carrier 
        and a water contract carrier.
          [(32) ``water common carrier'' means a person holding 
        itself out to the general public to provide water 
        transportation for compensation.
          [(33) ``water contract carrier'' means a person, 
        other than a water common carrier, providing water 
        transportation for compensation under an agreement with 
        another person, including transportation on a vessel 
        provided to a person other than a carrier subject to 
        the jurisdiction of the Commission under this subtitle 
        when the vessel is used to transport only the property 
        of the other person.

[Sec. 10103. Remedies as cumulative

  [Except as otherwise provided in this subtitle, the remedies 
provided under this subtitle are in addition to remedies 
existing under another law or at common law.

              [CHAPTER 103--INTERSTATE COMMERCE COMMISSION

                       [SUBCHAPTER I--ORGANIZATION

[Sec.

[10301.  General.
[10302.  Divisions of the Commission.
[10303.  Secretary of the Commission; public records.
[10304.  Employee boards.
[10305.  Delegation of authority.
[10306.  Conduct of proceedings.
[10307.  Office and sessions.
[10308.  Admission to practice.
[10309.  Access to records by congressional committees.
[10310.  Reporting official action.
[10311.  Annual report.

                     [SUBCHAPTER II--ADMINISTRATIVE

[10321.  Powers.
[10322.  Commission action and appellate procedure in non-rail 
          proceedings.
[10324.  Commission action.
[10326.  Limitations in rulemaking proceedings related to rail carriers.
[10327.  Commission action and appellate procedure in rail carrier 
          proceedings.
[10328.  Intervention.
[10329.  Service of notice in Commission proceedings.
[10330.  Service of process in court proceedings.

                      [SUBCHAPTER III--JOINT BOARDS

[10341.  Jurisdiction.
[10342.  Establishment.
[10343.  Powers.
[10344.  Administration.

              [SUBCHAPTER IV--RAIL SERVICES PLANNING OFFICE

[10361.  Organization.
[10362.  Duties.
[10363.  Director.
[10364.  Powers.

              [SUBCHAPTER V--OFFICE OF RAIL PUBLIC COUNSEL

[10381.  Organization.
[10382.  Duties; standing.
[10383.  Director.
[10384.  Office staff.
[10385.  Powers.
[10386.  Reports.
[10387.  Budget requests and estimates.
[10388.  Authorizations of appropriations.

                      [SUBCHAPTER I--ORGANIZATION

[Sec. 10301. General

  [(a) The Interstate Commerce Commission is an independent 
establishment of the United States Government.
  [(b) The Commission is composed of 5 members appointed by the 
President, by and with the advice and consent of the Senate. 
The President shall designate one of the members as Chairman. 
Not more than 3 members may be appointed from the same 
political party.
  [(c) The term of each member of the Commission is 5 years and 
begins 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, is 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. The President may remove a member for inefficiency, 
neglect of duty, or malfeasance in office.
  [(d) A member of the Commission may not have a pecuniary 
interest in, hold an official relation to, or own stock in or 
bonds of, a carrier providing transportation by any mode and 
may not engage in another business, vocation, or employment.
  [(e) A vacancy in the membership of the Commission does not 
impair the right of the remaining members to exercise all of 
the powers of the Commission. The Commission may designate a 
member to act as Chairman during any period in which there is 
no Chairman designated by the President.
  [(f) Subject to the general policies, decisions, findings, 
and determinations of the Commission, the Chairman is 
responsible for administering the Commission. The Chairman may 
delegate the powers granted under this subsection to an 
officer, employee, or administrative unit of the Commission. 
The Chairman shall--
          [(1) appoint and supervise, other than regular and 
        full time employees in the immediate offices of another 
        member, the officers and employees of the Commission, 
        including attorneys to provide legal aid and service to 
        the Commission and its members, to represent the public 
        interest in investigations and proceedings of the 
        Commission, and to represent the Commission in any case 
        in court;
          [(2) appoint the heads of major administrative units 
        with the approval of the Commission;
          [(3) distribute Commission business among officers 
        and employees and administrative units of the 
        Commission;
          [(4) prepare requests for appropriations for the 
        Commission and submit those requests to the President 
        and Congress with the prior approval of the Commission; 
        and
          [(5) supervise the expenditure of funds allocated by 
        the Commission for major programs and purposes.
  [(g) The Commission shall have a seal that shall be 
judicially recognized.
  [(h) The expenses of the Commission shall be paid after 
presentation and approval by the Chairman of itemized vouchers.

[Sec. 10302. Divisions of the Commission

  [(a) The Interstate Commerce Commission may establish and 
assign Commissioners to serve on as many divisions as may be 
necessary and may designate any division as an appellate 
division. Each division shall be composed of at least 3 
Commissioners. The Commission may assign a Commissioner to 
serve on more than one division.
  [(b) Unless otherwise directed by the Commission--
          [(1) the Commissioner senior in service of the 
        Commissioners on a division is chairman of the 
        division; and
          [(2) the Chairman of the Commission, or another 
        Commissioner designated by the Chairman, may serve on a 
        division temporarily, when there is a vacancy in the 
        membership of the division or when another Commissioner 
        is absent or unable to serve.
  [(c) The Commission shall designate each division numerically 
or by a term descriptive of the function of that division.

[Sec. 10303. Secretary of the Commission; public records

  [(a) The Chairman of the Interstate Commerce Commission, with 
its approval, shall appoint the Secretary of the Commission.
  [(b) The Secretary is the custodian of public records filed 
with the Commission. Copies of classifications, tariffs, and 
all arrangements filed with the Commission under this subtitle, 
and the statistics, tables, and figures contained in reports 
made to the Commission under this subtitle, are public records. 
A public record, or a copy or extract of it, certified by the 
Secretary under the seal of the Commission is competent 
evidence in a proceeding of the Commission and in a judicial 
proceeding.

[Sec. 10304. Employee boards

  [The Interstate Commerce Commission may establish employee 
boards composed of at least 3 employees. An employee who is a 
director or assistant director of a bureau, a chief of a 
section, an employee designated by the Commission, or an 
attorney may serve on a board.

[Sec. 10305. Delegation of authority

  [(a) The Interstate Commerce Commission may delegate to a 
division, an individual Commissioner, an employee board, or an 
employee appointed under section 3105 of title 5, a matter 
before the Commission for action, including a matter referred 
to it by either House of Congress or by Congress. However, the 
Commission may not delegate a matter required to be referred to 
a joint board under section 10341 of this title, or a function 
vested in the Commission under this chapter. The Commission may 
change or rescind a delegation under this subsection at any 
time. When a Commissioner or employee cannot act on a matter 
delegated under this section because of absence or another 
reason, the Chairman of the Commission may designate another 
Commissioner or employee, as the case may be, to serve 
temporarily until the Commission otherwise orders.
  [(b) Delegation to a division of a matter related to the 
validity of rates shall be made according to the character of 
regulation exercised. The delegation of any such matter may not 
be made according to the kind or class of carrier involved or 
to the form or mode of transportation in which that carrier may 
be engaged.
  [(c) A division, individual Commissioner, employee board, or 
an employee may act on a matter delegated under subsection (a) 
of this section. When acting under this section, a division, 
individual Commissioner, board, or an employee has the same 
power and authority and is subject to the same duties and 
obligations as the Commission. Action taken under this section 
has the same force and is taken in the same manner as if taken 
by the Commission.

[Sec. 10306. Conduct of proceedings

  [(a) A majority of the Interstate Commerce Commission, a 
division, or an employee board is a quorum for the transaction 
of business. A Commissioner, the Secretary of the Commission, a 
member of an employee board, or an employee delegated to act 
under section 10305 of this title may administer oaths.
  [(b) A party may appear and be heard before the Commission, a 
division, an individual Commissioner, a board, or an employee 
delegated to act under section 10305 of this title in person or 
by an individual admitted to practice under section 10308 of 
this title. A hearing before the Commission, a division, an 
individual Commissioner, a board, or an employee shall be made 
public on the request of an interested party.
  [(c) The Commission shall conform its forms for giving notice 
and their manner of service, to the extent practical, to those 
used by the courts of the United States.
  [(d) Votes and other official acts of the Commission, a 
division, an individual Commissioner, an employee board, or an 
employee delegated to act under section 10305 of this title 
shall be recorded and shall be made public on the request of an 
interested party.
  [(e) A member of a board and an employee delegated to act 
under section 10305 of this title may not have a pecuniary 
interest in, hold an official relation to, or own securities of 
a carrier providing transportation by any mode.
  [(f) The Commission shall review at least once every 3 years 
and revise as necessary the rules of practice for matters 
related to rail carriers adopted under section 305(c) of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (90 
Stat. 53).

[Sec. 10307. Office and sessions

  [(a) The principal office of the Interstate Commerce 
Commission is in the District of Columbia. Until otherwise 
provided by law, the Commission may obtain suitable offices for 
its use and may procure all necessary office supplies.
  [(b) General sessions of the Commission are held at its 
principal office. However, the Commission may hold special 
sessions in any part of the United States, for the convenience 
of the public or the parties and to avoid delay and expense. 
The Commission, an individual Commissioner, an employee board, 
or an employee delegated to act under section 10305 of this 
title may conduct proceedings under this subtitle in any part 
of the United States for the convenience of the parties.

[Sec. 10308. Admission to practice

  [Subject to section 500 of title 5, the Interstate Commerce 
Commission may regulate the admission of individuals to 
practice before it and may impose a reasonable admission fee.

[Sec. 10309. Access to records by congressional committees

  [(a) When the Committee on Energy and Commerce of the House 
of Representatives or the Committee on Commerce, Science, and 
Transportation of the Senate makes a written request for a 
record in the possession or under the control of the Interstate 
Commerce Commission related to a matter involving a rail 
carrier providing transportation subject to this subtitle, the 
Commission shall send that record or a copy to the committee by 
the 10th day after the date of receipt of the request. If the 
record is not sent, the Commission shall send a written report 
to that committee within the 10-day period stating the reason 
why the record has not been sent and the anticipated date on 
which it will be sent. If the Commission transfers a record in 
its possession or under its control to another department, 
agency, or instrumentality of the United States Government, or 
to a person, it must condition the transfer on the guaranteed 
return of the record by the transferee to the Commission so 
that the Commission can comply with this subsection.
  [(b) Subsection (a) of this section does not apply to a 
record obtained by the Commission from a person subject to 
regulation by it if the record contains trade secrets or 
commercial or financial information of a privileged or 
confidential nature. Subsection (a) of this section does not 
limit other authority of Congress, either House of Congress, or 
a committee or subcommittee of either House, to obtain a 
record.

[Sec. 10310. Reporting official action

  [(a) The Interstate Commerce Commission 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 Commission and, if damages are awarded, the 
findings of fact supporting the award. The Commission may have 
its reports published for public use. A published report of the 
Commission is competent evidence of its contents.
  [(b)(1) When action of the Commission in a matter related to 
a rail carrier is taken by the Commission, a division, a group 
of Commissioners, an individual Commissioner, an employee 
board, an employee delegated to act under section 10305 of this 
title, or another individual or group of individuals designated 
to take official action for the Commission, the written 
statement of that action (including a report, order, decision 
and order, vote, notice, letter, policy statements, or 
regulation) shall indicate--
          [(A) the official designation of the individual or 
        group taking the action;
          [(B) the name of each individual taking, or 
        participating in taking, the action; and
          [(C) the vote or position of each participating 
        individual.
  [(2) If an individual member of a group taking an official 
action referred to in paragraph (1) of this subsection does not 
participate in it, the written statement of the action shall 
indicate that the member did not participate. An individual 
participating in taking an official action is entitled to 
express the views of that individual as part of the written 
statement of the action. In addition to any publication of the 
written statement, it shall be made available to the public 
under section 552(a) of title 5.

[Sec. 10311. Annual report

  [The Interstate Commerce Commission shall prepare and send to 
Congress an annual report before April 3 of each year. The 
Commission shall include in the annual report information that 
may be of value in answering questions related to regulation of 
transportation and the names and pay of individuals employed by 
the Commission. The Commission may include in its annual 
report, or send to Congress at any time, recommendations for 
additional legislation related to regulation of transportation.

                     [SUBCHAPTER II--ADMINISTRATIVE

[Sec. 10321. Powers

  [(a) The Interstate Commerce Commission shall carry out this 
subtitle. Enumeration of a power of the Commission in this 
subtitle does not exclude another power the Commission may have 
in carrying out this subtitle. The Commission may prescribe 
regulations in carrying out this subtitle.
  [(b) The Commission may--
          [(1) inquire into and report on the management of the 
        business of carriers providing, and brokers for, 
        transportation and services subject to this subtitle;
          [(2) inquire into and report on the management of the 
        business of a person controlling, controlled by, or 
        under common control with those carriers or brokers to 
        the extent that the business of that person is related 
        to the management of the business of that carrier or 
        broker;
          [(3) obtain from those carriers, brokers, and persons 
        information the Commission decides is necessary to 
        carry out this subtitle; and
          [(4) consistent with the transportation policy of 
        section 10101 of this title, provide administrative 
        assistance to small motor common carriers of passengers 
        and local governments in preparing for proceedings 
        under sections 10922(c)(2), 10935, and 11501(e) of this 
        title.
  [(c)(1) The Commission, an individual Commissioner, an 
employee board, and an employee delegated to act under section 
10305 of this title may subpena witnesses and records related 
to a proceeding of the Commission from any place in the United 
States, to the designated place of the proceeding. If a witness 
disobeys a subpena, the Commission, or a party to a proceeding 
before the Commission, may petition a court of the United 
States to enforce that subpena.
  [(2) Subpenas may be signed by a Commissioner, the Secretary 
of the Commission, or a member of a board when the subpena 
relates to a matter delegated to the board under section 10305 
of this title.
  [(3) The district courts of the United States have 
jurisdiction to enforce a subpena issued under this section. 
Trial is in the district in which the proceeding is conducted. 
The court may punish a refusal to obey a subpena as a contempt 
of court.
  [(d)(1) In a proceeding, the Commission 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 
Commission may take the testimony of a witness by deposition 
and may require the witness to produce records at any time 
after a proceeding is at issue on petition and answer.
  [(2) If a witness fails to be deposed or to produce records 
under paragraph (1) of this subsection, the Commission may 
subpena the witness to take a deposition, produce the records, 
or both.
  [(3) A deposition may be taken before a judge of a court of 
the United States, a United States magistrate judge, a clerk of 
a district court, or a chancellor, justice, or judge of a 
supreme or superior court, mayor or chief magistrate of a city, 
judge of a county court, or court of common pleas of any State, 
or a notary public who is not counsel or attorney of a party or 
interested in the proceeding.
  [(4) Before taking a deposition, reasonable notice must be 
given in writing by the party or the attorney of that party 
proposing to take a deposition to the opposing party or the 
attorney of record of that party, whoever is nearest. The 
notice shall state the name of the witness and the time and 
place of taking the deposition.
  [(5) The testimony of a person deposed under this subsection 
shall be taken under oath. The person taking the deposition 
shall prepare, or cause to be prepared, a transcript of the 
testimony taken. The transcript shall be subscribed by the 
deponent.
  [(6) The testimony of a witness who is in a foreign country 
may be taken by deposition before an officer or person 
designated by the Commission or agreed on by the parties by 
written stipulation filed with the Commission. A deposition 
shall be filed with the Commission promptly.
  [(e) Each witness summoned before the Commission 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. 10322. Commission action and appellate procedure in nonrail 
                    proceedings

  [(a) This section applies to a matter before the Interstate 
Commerce Commission over which the Commission has jurisdiction 
under chapter 105 of this title, other than a matter involving 
a rail carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I of such 
chapter, or section 10934 or 11501(e). The deadlines set forth 
in this section do not apply to the following sections of this 
title: 10525(c), 10530, 10708(b), 10708(f), 10922(i)(2), 
10922(i)(4), 10928, 10934(c), 10935, 11345a, and 11701(c). In 
addition, the deadlines set forth in this section do not apply 
to any application filed under section 10922(c)(2)(A) of this 
title for authority to provide regular-route transportation 
entirely in one State as a motor common carrier of passengers.
  [(b)(1) Except as provided in paragraph (2) of this 
subsection, a division, individual commissioner, employee 
board, or an employee delegated under section 10305 of this 
title is to make an initial decision in a matter related to a 
carrier (other than a rail carrier), or, in the case of a 
matter referred to a joint board under section 10341 of this 
title, such joint board--
          [(A) shall, in any case in which an oral hearing is 
        held or the Commission has found that an issue of 
        general transportation importance is involved, complete 
        all evidentiary proceedings related to the matter not 
        later than the 180th day following institution of the 
        proceeding and shall issue in writing the initial 
        decision not later than the 270th day following 
        institution of the proceeding; and
          [(B) shall, in the case of all other proceedings 
        subject to this section, issue in writing the initial 
        decision by the 180th day following institution of the 
        proceeding.
If evidence is submitted in writing or testimony is taken at an 
oral hearing, the initial decision shall include specific 
findings of fact, specific and separate conclusions of law, an 
order, and justification for the findings of fact, conclusions 
of law, and order.
  [(2) In any case involving an application for authority to 
provide motor carrier transportation incidental to trailer-on-
flatcar or container-on-flatcar service by rail under 
subchapter II of chapter 109 of this subtitle, a final decision 
on such application shall be issued in writing not later than 
the 180th day following the date such application is filed with 
the Commission.
  [(3) At the earliest practicable time after the filing of an 
application for authority under subchapter II of chapter 109 of 
this title, the Commission shall publish notice of the filing 
of such application.
  [(c) The Commission, or a division designated by the 
Commission may waive the requirement for an initial decision 
under subsection (b) of this section and may require the matter 
to be considered by the Commission or such division on finding 
that the matter involves a question of Commission policy, a new 
or novel issue of law, or an issue of general transportation 
importance or that waiver of the initial decision is required 
for the timely execution of the Commission's functions. If the 
requirement for an initial decision is waived, a final decision 
shall be issued in writing within the time limit established 
for the issuance of the initial decision under subsection (b) 
of this section.
  [(d) In a proceeding under this section in which the parties 
have had at least an opportunity to submit evidence in written 
form, such parties shall have an opportunity to present 
arguments to the initial decisionmaker. The decisionmaker shall 
determine whether the arguments should be presented orally or 
in writing and may require that written arguments be submitted 
simultaneously with written submissions of evidence and that 
oral arguments be presented at an oral hearing. Upon issuance 
of an initial decision under this section, copies of such 
decision shall be served on the parties and submitted to the 
Commission.
  [(e) An initial decision under this section becomes a final 
decision on the 20th day after it is served on the interested 
parties, unless--
          [(1) an interested party files an appeal during the 
        20-day period or, if authorized by the Commission or 
        division designated by the Commission, by the end of an 
        additional period of not more than 20 days; or
          [(2) the Commission stays or postpones under 
        subsection (f)(1) of this section the initial decision 
        not later than the 20th day following the date it is 
        served on the parties.
  [(f)(1) Before an initial decision under this section becomes 
a final decision, the Commission or a division or an employee 
board designated by the Commission, may review the initial 
decision on its own initiative and shall review an initial 
decision if a timely appeal is filed under subsection (e) of 
this section.
  [(2) An initial decision may be reviewed on the record on 
which it is based or by a further hearing. If an initial 
decision is reviewed, it shall be stayed pending final 
determination of the matter and it becomes a final decision 
only after the final determination is made. If a timely appeal 
is filed under subsection (e) of this section, the final 
determination shall be made not later than the 50th day after 
the appeal is filed. If an initial decision under this section 
is reviewed by the Commission or a division or an employee 
board designated by the Commission on its own initiative, the 
final decision shall be made not later than the 50th day after 
initiation of such review.
  [(3) Notwithstanding the provisions of paragraph (2) of this 
subsection, if an initial decision under this section is 
reviewed by further hearing, such review shall be completed, 
and a final decision made, not later than the 120th day 
following the date the further hearing is granted.
  [(4) Review of, or appeal from, and initial decision under 
this section shall be conducted under section 557 of title 5. 
The Commission may prescribe rules limiting and defining the 
issues and pleadings on review under subsection (b) of such 
section.
  [(g)(1) The Commission may, at any time on its own initiative 
because of material error, new evidence, or substantially 
changed circumstances--
          [(A) reopen a proceeding;
          [(B) grant rehearing, reargument, or reconsideration 
        of an action of the Commission; and
          [(C) change an action of the Commission.
An interested party may petition to reopen and reconsider an 
action of the Commission under this paragraph under regulations 
of the Commission.
  [(2) The Commission may grant a rehearing, reargument, or 
reconsideration of an action of the Commission that was taken 
by a division or an employee board designated by the Commission 
if it finds that--
          [(A) the action involved a matter of general 
        transportation importance; or
          [(B) the action would be affected materially because 
        of clear and convincing new evidence or changed 
        circumstances.
An interested party may petition for rehearing, reargument, or 
reconsideration of an action of the Commission under this 
paragraph under regulations of the Commission. The Commission 
may stay an action pending a final determination under this 
paragraph. The Commission shall complete reconsideration and 
take final action by the 120th day after the petition is 
granted.
  [(3) If the Commission initiates any action under paragraph 
(1) of this subsection, final disposition under such paragraph 
shall be made not later than the 120th day following the date 
action is initiated.
  [(h) A final decision under this section shall be effective 
on the date it is served on the parties, and a civil action to 
enforce, enjoin, suspend, or set aside the decision may be 
filed after that date.
  [(i) In extraordinary circumstances, the Commission may 
extend a time period established by this section, except that 
the total of all such extensions with respect to any matter 
subject to the provisions of this section shall not exceed 90 
days.

[Sec. 10324. Commission action

  [(a) Unless otherwise provided in this subtitle, the 
Interstate Commerce Commission may determine, within a 
reasonable time, when its actions, other than an action 
ordering the payment of money, take effect.
  [(b) An action of the Commission remains in effect under its 
own terms or until superseded. The Commission may change, 
suspend, or set aside any such action on notice. Notice may be 
given in a manner determined by the Commission. A court of 
competent jurisdiction may suspend or set aside any such 
action.
  [(c) An action of the Commission under section 10327 of this 
title is enforceable, unless the Commission stays or postpones 
such action.

[Sec. 10326. Limitations in rulemaking proceedings related to rail 
                    carriers

  [(a) When, under section 553(e) of title 5, an interested 
person (including a governmental authority) petitions the 
Interstate Commerce Commission to begin a rulemaking proceeding 
in a matter related to a rail carrier providing transportation 
subject to this subtitle, the Commission, or a division, an 
individual Commissioner, an employee board, an employee 
delegated to act under section 10305 of this title, or another 
person authorized to act on behalf of the Commission for any 
part of the proceeding, shall grant or deny that petition by 
the 120th day after receiving it. If the petition is granted, 
the Commission, or its delegate, shall begin an appropriate 
proceeding as soon as practicable. If the petition is denied, 
the reasons for the denial shall be published in the Federal 
Register.
  [(b)(1) If a petition is denied or action is not taken within 
the 120-day period under subsection (a) of this section, the 
petitioner may begin a civil action in an appropriate court of 
appeals of the United States for an order directing the 
Commission to begin a proceeding to take the action requested 
in the petition. A civil action under this subsection must be 
filed by the 60th day after the date of the denial or by the 
60th day after the end of the 120-day period, whichever is 
appropriate.
  [(2) The court of appeals shall order the Commission to begin 
the action requested in the petition to the Commission if the 
court finds that the action requested in that petition is 
necessary and failure to take that action will result in the 
continuation of practices that are not consistent with the 
public interest or are not in accordance with this subtitle. 
The finding of the court must be based on a preponderance of 
the evidence in the record before the Commission or its 
delegate, or, if the civil action is based on a petition on 
which action was not taken, in a new proceeding before the 
court. The court may not require the Commission to take action 
under this subtitle other than to begin a rulemaking 
proceeding.

[Sec. 10327. Commission action and appellate procedure in rail carrier 
                    proceedings

  [(a) Notwithstanding sections 10322, 10323, and 10324(c) of 
this title, this section applies to a matter before the 
Interstate Commerce Commission involving a rail carrier 
providing transportation subject to the jurisdiction of the 
Commission under subchapter I of chapter 105 of this title. 
However, other sections of this subtitle related to action of 
the Commission in proceedings involving rail carriers supersede 
this section to the extent that they are inconsistent with the 
provisions of this section related to deadlines.
  [(b) A division, individual Commissioner, employee board, or 
employee delegated under section 10305 of this title to make an 
initial decision in a matter related to one of those rail 
carriers shall complete all evidentiary proceedings related to 
the matter by the 180th day after assignment of the matter. The 
initial decision shall be submitted to the Commission in 
writing. If evidence is submitted in writing or testimony is 
taken at a public hearing, the initial decision shall be 
submitted to the Commission in writing by the 120th day after 
completion of all evidentiary proceedings and shall include--
          [(1) specific findings of fact;
          [(2) specific and separate conclusions of law;
          [(3) an order; and
          [(4) justification of the findings of fact, 
        conclusions of law, and order.
  [(c) The Commission, or a division designated by the 
Commission, may void the requirement of an initial decision 
under subsection (b) of this section and may require the matter 
to be considered by the Commission or that division on finding 
that the matter involves a question of Commission policy, a new 
or novel issue of law, or an issue of general transportation 
importance, or that it is required for the timely execution of 
its functions.
  [(d) In a proceeding under this section, after the parties 
have had at least an opportunity to submit evidence in written 
form, the Commission shall give them an opportunity for briefs, 
written statements, or conferences of the parties. A conference 
of the parties must be chaired by a division, an individual 
Commissioner, an employee board, an employee delegated to act 
under section 10305 of this title, or an employee designated by 
the Commission.
  [(e) Copies of an initial decision under subsection (b) of 
this section shall be served on the interested parties. An 
initial decision becomes an action of the Commission on the 
20th day after it is served on the interested parties, unless--
          [(1) an interested party files an appeal during the 
        20-day period, or by the end of an additional period of 
        not more than 20 days, if authorized by the Commission 
        or division designated by the Commission; or
          [(2) The Commission stays or postpones the initial 
        decision under subsection (g)(2) or (j) of this section 
        within the period or additional period referred to in 
        clause (1) of this subsection.
  [(f)(1) Before an initial decision becomes an action of the 
Commission, the Commission, or a division or board designated 
by the Commission, may review the initial decision on its own 
initiative, and shall review an initial decision if an appeal 
is filed under subsection (e)(1) of this section. However, a 
board may not decide an appeal from an initial decision if the 
appeal may be further appealed to the Commission.
  [(2) An initial decision may be reviewed on the record on 
which it is based or by a further hearing. If an initial 
decision is reviewed, it shall be stayed pending final 
determination of the matter, and it is an action of the 
Commission only after the final determination is made. If an 
appeal is filed under subsection (e)(1) of this section, the 
final determination shall be made by the 180th day after the 
appeal is filed.
  [(3) Review of, or appeal from, an initial decision shall be 
conducted under section 557 of title 5. The Commission may 
prescribe rules limiting and defining the issues and pleadings 
on review under section 557(b) of that title.
  [(g)(1) The Commission may, at any time on its own initiative 
because of material error, new evidence, or substantially 
changed circumstances--
          [(A) reopen a proceeding;
          [(B) grant rehearing, reargument, or reconsideration 
        of an action of the Commission; and
          [(C) change an action of the Commission.
An interested party may petition to reopen and reconsider an 
action of the Commission under this paragraph under regulations 
of the Commission.
  [(2) The Commission may grant a rehearing, reargument, or 
reconsideration of an action of the Commission that was taken 
by a division designated by the Commission if it finds that--
          [(A) the action involves a matter of general 
        transportation importance; or
          [(B) the action would be affected materially because 
        of clear and convincing new evidence or changed 
        circumstances.
An interested party may petition for rehearing, reargument, or 
reconsideration of an action of the Commission under this 
paragraph under regulations of the Commission. The Commission 
may stay an action pending a final determination under this 
paragraph. The Commission shall complete reconsideration and 
take final action by the 120th day after the petition is 
granted.
  [(h) An action of the Commission under this section and an 
action of a designated division under subsection (c) of this 
section is effective on the 30th day after service on the 
parties to the proceeding unless the Commission provides for it 
to become effective on an earlier date.
  [(i) Notwithstanding this subtitle, an action of the 
Commission under this section and an action of a designated 
division under subsection (c) of 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.
  [(j) The Commission may extend a time period established by 
this section for a period of not more than 90 days. The 
extension shall be granted if a majority of the Commissioners 
agree to it by public vote.
  [(k) If an extension granted under subsection (j) of this 
section is not sufficient to allow for completion of necessary 
proceedings, the Commission may grant a further extension in an 
extraordinary situation if--
          [(1) a majority of the Commissioners agree to the 
        further extension by public vote; and
          [(2) not later than the 15th day before expiration of 
        the extension granted under subsection (j) of this 
        section, the Commission submits a written report to the 
        Congress that a further extension has been granted. The 
        report shall include--
                  [(A) a full explanation of the reasons for 
                the further extension;
                  [(B) the anticipated duration of the further 
                extension;
                  [(C) the issues involved in the matter before 
                the Commission; and
                  [(D) the names of personnel of the Commission 
                working on the matter.

[Sec. 10328. Intervention

  [(a) Designated representatives of employees of a carrier may 
intervene and be heard in a proceeding arising under this 
subtitle that affects those employees.
  [(b)(1) Under regulations of the Interstate Commerce 
Commission, reasonable notice of, and an opportunity to 
intervene and participate in, a proceeding under this subtitle 
related to transportation subject to the jurisdiction of the 
Commission under subchapter II of chapter 105 of this title 
shall be given to interested persons.
  [(2) The Commission may adopt, after a rulemaking proceeding 
in accordance with the provisions of section 553 of title 5, a 
special procedure for providing interested parties reasonable 
notice of applications to provide transportation as a motor or 
water common or contract carrier or household goods freight 
forwarder, or to be a broker for transportation, under sections 
10922, 10923, 10924, and 10928 of this title, or applications 
for removal of operating restrictions under section 10922 of 
this title. The special procedure may consist of printing and 
distributing to subscribers an independent publication to 
provide notice of such applications, if the Commission finds, 
as a result of its rulemaking proceedings, that such method of 
providing notice would not be unduly burdensome to the public.

[Sec. 10329. Service of notice in Commission proceedings

  [(a)(1) A common carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title shall designate an 
agent in the District of Columbia, on whom service of notices 
in a proceeding before, and of actions of, the Commission may 
be made.
  [(2) A motor carrier, a broker, a water carrier, or a 
household goods freight forwarder providing transportation or 
service subject to the jurisdiction of the Commission under 
subchapter II, III, or IV of chapter 105 of this title shall 
designate an agent by name and post office address on whom 
service of notices in a proceeding before, and of actions of, 
the Commission may be made.
  [(b) A designation under subsection (a) of this section shall 
be in writing and filed with the Commission. A motor carrier or 
broker providing transportation under a certificate or permit 
issued under this subtitle shall also file the designation with 
the authority of each State in which it operates having 
jurisdiction to regulate transportation by motor vehicle in 
intrastate commerce on the highways of that State. The 
designation may be changed at any time in the same manner as 
originally made.
  [(c) Except as otherwise provided, notices of the Commission 
shall be served as follows:
  [(1) A notice of the Commission to a rail, express, sleeping 
car, or pipeline carrier is 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 Commission 
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 Secretary of the Commission.
  [(2) A notice to a motor carrier or broker is served 
personally or by mail on the motor carrier or broker or its 
designated agent. Service by mail on the designated agent is 
made at the address filed for the agent. When notice is given 
by mail, the date of mailing is considered to be the time when 
the notice is served. If a motor carrier or broker does not 
have a designated agent, service may be made by posting a copy 
of the notice in the office of the secretary or clerk of the 
authority having jurisdiction to regulate transportation by 
motor vehicle in intrastate commerce on the highways of the 
State in which the carrier or broker maintains headquarters and 
in the office of the Secretary of the Commission.
  [(3) A notice to a water carrier or household goods freight 
forwarder is served personally or by mail on the water carrier 
or household goods freight forwarder or its designated agent. 
Service by mail on the designated agent is made at the address 
filed for the agent. When notice is given by mail, the date of 
mailing is considered to be the time when notice is served. If 
a water carrier or household goods freight forwarder does not 
have a designated agent, service may be made by posting the 
notice in the office of the Secretary of the Commission.
  [(d) In a proceeding involving the lawfulness of 
classifications, rates, or practices of (1) a rail, express, 
sleeping car, or pipeline carrier that has not designated an 
agent under this section, or (2) a household goods freight 
forwarder, service of notice of the Commission on an attorney 
in fact who filed the tariff for the carrier constitutes 
service of notice on the carrier.
  [(e) In a proceeding involving the lawfulness of 
classifications, rates, or practices--  
          [(1) service of notice of the suspension of a tariff 
        on an attorney in fact of a carrier or broker, except a 
        freight forwarder, constitutes service of notice on the 
        carrier or broker if that attorney filed the tariff 
        and, if the carrier is a water carrier, the notice 
        specifies the classifications, rates, or practices 
        involved; and  
          [(2) service of notice of the suspension of a joint 
        tariff or schedule on a carrier or a broker, except a 
        freight forwarder, that filed that tariff or schedule 
        to which another carrier or broker is a party and, if 
        the carrier is a water carrier, the notice specifies 
        the classifications, rates, or practices involved, 
        constitutes service of notice on all carriers or 
        brokers that are parties to the joint tariff.
Service of notice under this subsection may be made by mail on 
that attorney or carrier at the address shown in the tariff.

[Sec. 10330. Service of process in court proceedings

  [(a) A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title 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 Secretary of the Commission.
  [(b) A motor carrier or broker providing transportation 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title, including a motor carrier or 
broker operating within the United States while providing 
transportation between places in a foreign country or between a 
place in one foreign country and a place in another foreign 
country, shall designate an agent in each State in which it 
operates by name and post office address on whom process issued 
by a court with subject matter jurisdiction may be served in an 
action brought against that carrier or broker. The designation 
shall be in writing and filed with the Commission and with the 
authority of each State in which the motor carrier or broker 
operates having jurisdiction to regulate transportation by 
motor vehicle in intrastate commerce on the highways of that 
State. If a designation under this subsection is not made, 
service may be made on any agent of the carrier or broker 
within that State.
  [(c) A designation under this section may be changed at any 
time in the same manner as originally made.

                     [SUBCHAPTER III--JOINT BOARDS

[Sec. 10341. Jurisdiction

  [(a) The Interstate Commerce Commission may refer a matter 
related to motor carriers providing, or brokers for, 
transportation subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title, to a joint 
board established under section 10342 of this title for action. 
When the operation of a motor carrier or broker involves not 
more than 3 States, the Commission shall refer the following 
matters to a joint board for action when an opportunity for a 
proceeding is required or when the Commission finds that it is 
desirable:  
          [(1) an application for a certificate, permit, or 
        license.  
          [(2) a suspension, change, or revocation of a 
        certificate, permit, or license.  
          [(3) an application for approval and authorization of 
        a consolidation, merger, or acquisition of control or 
        of an operating contract.  
          [(4) a complaint about a violation by a motor carrier 
        or broker of a requirement established under section 
        10321(a), 10525, 11101(b), or 11142(b) of this title.  
          [(5) a complaint about rates of motor carriers or 
        practices of brokers.
  [(b) Notwithstanding subsection (a) of this section, if the 
Commission is prevented by legal proceedings from referring a 
matter to a joint board, the Commission may determine the 
matter under subchapter II of this chapter.

[Sec. 10342. Establishment

  [(a) The Interstate Commerce Commission may establish and 
abolish joint boards as necessary to carry out section 10341 of 
this title. Except as provided in this section, a joint board 
is composed of a member from each State in which transportation 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title is, or is proposed to be, 
provided. The Commission may appoint an individual nominated 
under subsection (b) of this section as a member of a joint 
board.
  [(b) The member of a joint board from a State shall be 
nominated by the State authority having jurisdiction to 
regulate intrastate transportation by motor vehicle on the 
highways of that State. If there is no such authority in that 
State or if that authority does not nominate a member when 
requested by the Commission, the chief executive officer of the 
State may nominate the member. If both that State authority and 
the chief executive officer of that State do not nominate a 
member when requested, the board is constituted without a 
member from that State if the Commission has appointed members 
for at least 2 other States to the board.
  [(c) When a matter required to be referred to a joint board 
involves the operation of a motor carrier in or through a place 
outside the United States, if only one State is involved or if 
only one State nominates an individual to be a member of the 
joint board, that State may nominate and the Commission may 
appoint not more than 3 members to the board.
  [(d) A substitution in the membership of a joint board may be 
made at any time in the same manner as an initial nomination 
and appointment under this section.

[Sec. 10343. Powers

  [(a) When conducting a proceeding involving a matter referred 
under section 10341 of this title, a joint board may make an 
initial decision under section 10322 of this title. Subchapter 
II of this chapter applies to an initial decision of a joint 
board. However, a joint board may report to the Interstate 
Commerce Commission its conclusions on evidence received 
without making an initial decision. When a joint board makes a 
report instead of an initial decision, the Commission shall 
decide the matter. The Commission may consider the conclusions 
of the joint board in making its decision.
  [(b) A joint board may make an initial decision or report of 
its conclusions only by a majority vote. However, if only one 
member of the board participates in the proceeding, that member 
shall make the initial decision alone.
  [(c) When a member of a joint board does not participate in a 
proceeding referred to that board, after notice of the 
proceeding, the State from which that member was appointed 
waives its right to act in that proceeding. The waiver does not 
affect the duty or power of remaining members of the board to 
continue the proceeding and make an initial decision.
  [(d) In addition to decisions made under subsection (a) of 
this section, the Commission shall decide a matter referred to 
a joint board when--  
          [(1) the authority of each State from which a member 
        of the board may be appointed waives action on a matter 
        referred to that board;  
          [(2) a joint board does not act, or cannot agree, on 
        a matter referred to it in 45 days after the matter is 
        referred to it (or in another period authorized by the 
        Commission); or  
          [(3) a member is nominated for only one State, except 
        as provided in section 10342(c) of this title.

[Sec. 10344. Administration

  [(a) Meetings and procedures of joint boards shall be 
conducted under regulations of the Interstate Commerce 
Commission. The Commission may designate an employee appointed 
under section 3105 of title 5 to advise and assist a joint 
board.
  [(b) When practicable and when directed by the Commission, a 
proceeding involving a matter referred to a joint board shall 
be held at a place in the United States that is convenient to 
the parties to the proceeding.
  [(c) The members of joint boards and employees designated to 
advise and assist them under subsection (a) of this section may 
administer oaths, subpena witnesses and the production of 
records, and take depositions under section 10321 of this title 
related to matter referred to the boards.
  [(d) When carrying out this subtitle, members of joint boards 
shall receive an allowance for travel and subsistence expenses 
as the Commission shall provide.
  [(e) A member of a joint board may not have a pecuniary 
interest in, hold an official relation to, or own securities 
of, a carrier providing transportation by any mode.
  [(f) The Administrator of General Services shall assign space 
and facilities in the Interstate Commerce Commission building 
not required by the Commission for the use of the national 
organization of the State commissions and their 
representatives. The space and facilities shall be available 
for the use of joint boards and for members and representatives 
of those boards cooperating with the Commission or with another 
department, agency, or instrumentality of the United States 
Government. If suitable space is not available in the 
Interstate Commerce Commission building, the Administrator 
shall assign space in another building in convenient proximity 
to it.

             [SUBCHAPTER IV--RAIL SERVICES PLANNING OFFICE

[Sec. 10361. Organization

  [The Rail Services Planning Office is an office in the 
Interstate Commerce Commission.

[Sec. 10362. Duties

  [(a) In this section--  
          [(1) ``avoidable costs of providing transportation'', 
        ``reasonable management fee'', ``reasonable return on 
        the value'', and ``revenue attributable to the rail 
        properties'' have the same meanings as they have when 
        used in section 304 of the Regional Rail Reorganization 
        Act of 1973 (45 U.S.C. 744).   
          [(2) ``avoidable cost of providing rail freight 
        transportation'' has the same meaning as it has when 
        used in section 10905(b)(2)(A) of this title.
  [(b) The Rail Services Planning Office shall--  
          [(1) assist the Interstate Commerce Commission in 
        studying and evaluating proposals, submitted to the 
        Commission under subchapter III of chapter 113 of this 
        title for a merger, consolidation, unification, or 
        coordination project, joint use of tracks or other 
        facilities, or acquisition or sale of assets involving 
        a rail carrier subject to this subtitle;
          [(2) assist the Commission in developing, with 
        respect to economic relation of transportation, 
        policies likely to result in a more competitive, 
        energy-efficient, and coordinated transportation system 
        using each mode of transportation to its maximum 
        advantage to meet the transportation needs of the 
        United States;  
          [(3) assist States and local and regional 
        transportation authorities in deciding whether to 
        provide rail transportation continuation subsidies to 
        continue in operation particular rail properties, by 
        establishing criteria for determining whether 
        particular rail properties are suitable for rail 
        transportation continuation subsidies;  
          [(4) conduct continuously an analysis of the national 
        rail transportation needs, evaluate the policies, 
        plans, and programs of the Commission on the basis of 
        the analysis, and advise the Commission of the results 
        of the evaluation;  
          [(5) prescribe regulations that contain standards for 
        the computation of subsidies for rail passenger 
        transportation (except passenger transportation 
        compensation disputes subject to the jurisdiction of 
        the Commission under sections 24308(a) and 24903(c)(2) 
        of this title) that are consistent with the 
        compensation principles described in the final system 
        plan established under the Regional Rail Reorganization 
        Act of 1973 (45 U.S.C. 701 et seq.) and that avoid 
        cross-subsidization among commuter, intercity, and 
        freight rail transportation;
          [(6) maintain, and from time to time revise and 
        republish after a proceeding under section 553 of title 
        5, standards for determining the revenue attributable 
        to the rail properties, the avoidable costs of 
        providing transportation, a reasonable return on the 
        value, and a reasonable management fee;  
          [(7) maintain regulations that--
                  [(A) develop an accounting system permitting 
                the collection and publication by profitable 
                rail carriers providing transportation over 
                lines scheduled for abandonment, of information 
                necessary for an accurate determination of the 
                attributable revenues, avoidable costs, and 
                operations of light density lines as operating 
                and economic units; and
                  [(B) determine the avoidable cost of 
                providing rail freight transportation; and  
          [(8) carry out other duties conferred on the Office 
        by law.
  [(c) The criteria referred to in subsection (b)(3) of this 
section shall provide that rail properties are suitable for 
rail transportation continuation subsidies if the cost of the 
required subsidy to the taxpayers for the properties each year 
is less than--  
          [(1) the cost of termination of rail transportation 
        over the properties measured by increased fuel 
        consumption and operational costs for alternative modes 
        of transportation;  
          [(2) the cost to the gross national product in terms 
        of reduced output of goods and services;  
          [(3) the cost of relocating or assisting, through 
        unemployment, retraining, and welfare benefits, 
        individuals and firms adversely affected if the rail 
        transportation is terminated; and
          [(4) the cost to the environment measured by damage 
        caused by increased pollution.
  [(d) The Office may at any time revise and republish the 
standards and regulations required by this section to 
incorporate changes made necessary by the accounting system 
developed under subsection (b)(7) of this section.

[Sec. 10363. Director

  [(a) The Director is the head of the Rail Services Planning 
Office and is responsible for administering and carrying out 
the duties of the Office.
  [(b) The Director is appointed for a term of 6 years by the 
Chairman of the Interstate Commerce Commission with the 
concurrence of at least 5 members of the Commission. The 
Director may be removed by the Commission only for cause.
  [(c) The Director is appointed without regard to those 
provisions of title 5 governing appointments in the competitive 
service and is paid without regard to chapter 51 and subchapter 
III of chapter 53 of title 5. However, the annual rate of basic 
pay of the Director may not exceed the maximum rate payable 
under section 5376 of title 5.
  [(d) The Director is subject to the direction of, and shall 
report to, a Commissioner or the Chairman, as designated by the 
Chairman.

[Sec. 10364. Powers

  [(a) With the concurrence of the Commissioner designated 
under section 10363(d) of this title or, if the Director of the 
Rail Services Planning Office and the Commissioner disagree 
(and that Commissioner is not the Chairman), with the 
concurrence of the Chairman of the Commission, the Director may 
enter into agreements or other transactions necessary to carry 
out the duties of the Office. The transactions may be entered 
into with any person, including a governmental authority, and 
without regard to section 3709 of the Revised Statutes (41 
U.S.C. 5).
  [(b) On written request of the Director for assistance, each 
department, agency, and instrumentality of the United States 
Government shall consider the request, and may furnish 
assistance the Director considers necessary to carry out the 
duties of the Office. Assistance may be furnished on a 
reimbursable or nonreimbursable basis. Assistance includes the 
transfer of an officer or employee, with the consent, and 
without prejudice to the position and rating, of the officer or 
employee.

              [SUBCHAPTER V--OFFICE OF RAIL PUBLIC COUNSEL

[Sec. 10381. Organization

  [The Office of Rail Public Counsel is an independent office 
affiliated with the Interstate Commerce Commission.

[Sec. 10382. Duties; standing

  [(a) The Office of Rail Public Counsel--
          [(1) may petition the Interstate Commerce Commission 
        to begin a proceeding on a matter within the 
        jurisdiction of the Commission involving a rail carrier 
        subject to this subtitle;
          [(2) may seek judicial review of Commission action on 
        a matter involving a rail carrier providing 
        transportation subject to this subtitle, to the extent, 
        and on the same basis, that a person may seek judicial 
        review;
          [(3) shall solicit, study, evaluate, and present 
        before an informal or formal proceeding of the 
        Commission, the views of those communities and users of 
        rail transportation affected by a proceeding begun by, 
        or pending before, the Commission, when the Director of 
        the Office determines, for whatever reason (such as 
        size or location), that any such community or user 
        might not otherwise be represented adequately at the 
        proceeding;
          [(4) shall--
                  [(A) before the Commission and other 
                departments, agencies, and instrumentalities of 
                the United States Government when the policies 
                and activities of any such department, agency, 
                or instrumentality affect rail transportation 
                subject to the jurisdiction of the Commission, 
                evaluate and represent the public interest in 
                safe, efficient, reliable, and economical rail 
                transportation; and
                  [(B) assist in constructively representing 
                that public interest by other means;
          [(5) shall present the views of users, the general 
        public, affected communities, and, when appropriate, 
        providers of rail transportation in proceedings of 
        departments, agencies, and instrumentalities of the 
        United States Government related to--
                  [(A) the impact of energy proposals and 
                actions on rail transportation; and
                  [(B) whether transportation policy is 
                consistent with the energy policies of the 
                United States Government;
          [(6) in carrying out its duties under clauses (1)-(5) 
        of this subsection, shall assist the Commission in 
        developing a public interest record in proceedings 
        before the Commission; and
          [(7) shall carry out other duties conferred on the 
        Office by law.
  [(b) The Office has standing as a party to any informal or 
formal proceeding that is pending or begun before the 
Commission involving a rail carrier providing transportation 
subject to this subtitle.

[Sec. 10383. Director

  [(a) The Director is the head of the Office of Rail Public 
Counsel and is responsible for administering and carrying out 
the duties of the Office.
  [(b) The Director is appointed by the President, by and with 
the advice and consent of the Senate, for a term of 4 years.
  [(c) The Director is paid without regard to chapter 51 and 
subchapter III of chapter 53 of title 5. However, the annual 
rate of basic pay of the Director may not exceed the maximum 
rate payable under section 5376 of title 5.

[Sec. 10384. Office staff

  [The Director of the Office of Rail Public Counsel may--
          [(1) appoint and fix the pay of employees of the 
        Office; and
          [(2) procure under section 3109 of title 5 the 
        temporary or intermittent services of experts and 
        consultants.

[Sec. 10385. Powers

  [(a) Without regard to section 3709 of the Revised Statutes 
(41 U.S.C. 5), the Director of the Office of Rail Public 
Counsel may enter into agreements or other transactions 
necessary to carry out the duties of the Office.
  [(b) On request of the Director for information, each 
department, agency, and instrumentality of the United States 
Government may furnish the information requested.

[Sec. 10386. Reports

  [The Director of the Office of Rail Public Counsel shall 
submit each month to the Chairman of the Interstate Commerce 
Commission a report on the activities of the Office for the 
preceding month. In its annual report to Congress, the 
Commission shall include its evaluation and recommendations 
with respect to the activities, accomplishments, and 
shortcomings of the Office.

[Sec. 10387. Budget requests and estimates

  [The Office of Rail Public Counsel shall submit its budget 
requests and budget estimates concurrently to Congress and to 
the President.

[Sec. 10388. Authorization of appropriations

  [There is authorized to be appropriated to the Office of Rail 
Public Counsel to carry out this subchapter not to exceed 
$1,200,000 for the fiscal year ending September 30, 1980.

                       [CHAPTER 105--JURISDICTION

     [SUBCHAPTER I--RAIL, RAIL-WATER, EXPRESS, AND PIPELINE CARRIER 
                             TRANSPORTATION

[Sec.

[10501.  General jurisdiction.
[10502.  Express carrier transportation.
[10503.  Railroad and water transportation connections and rates.
[10504.  Exempt rail mass transportation.
[10505.  Authority to exempt rail carrier and motor carrier 
          transportation.

              [SUBCHAPTER II--MOTOR CARRIER TRANSPORTATION

[10521.  General jurisdiction.
[10522.  Exempt transportation between Alaska and other States.
[10523.  Exempt motor vehicle transportation in terminal areas.
[10524.  Transportation furthering a primary business.
[10525.  Exempt motor carrier transportation entirely in one State.
[10526.  Miscellaneous motor carrier transportation exemptions.
[10527.  Written contracts pertaining to certain interstate movements by 
          motor vehicle.
[10528.  Mixed loads of regulated and unregulated property.
[10529.  Limited authority over cooperative associations.
[10530.  Certificates of registration for certain foreign carriers.
[10531.  Mass transportation exemption.

              [SUBCHAPTER III--WATER CARRIER TRANSPORTATION

[10541.  General jurisdiction.
[10542.  Exempt bulk transportation.
[10543.  Exempt incidental water transportation.
[10544.  Miscellaneous water carrier transportation exemptions.

                [SUBCHAPTER IV--FREIGHT FORWARDER SERVICE

[10561.  General jurisdiction.
[10562.  Repealed.

    [SUBCHAPTER I--RAIL, RAIL-WATER, EXPRESS, AND PIPELINE CARRIER 
                             TRANSPORTATION

[Sec. 10501. General jurisdiction

  [(a) Subject to this chapter and other law, the Interstate 
Commerce Commission has jurisdiction over transportation--
          [(1) by rail carrier, express carrier, sleeping car 
        carrier, water common carrier, and pipeline carrier 
        that is--
                  [(A) only by railroad;
                  [(B) by railroad and water, when the 
                transportation is under common control, 
                management, or arrangement for a continuous 
                carriage or shipment; or
                  [(C) by pipeline or by pipeline and railroad 
                or water when transporting a commodity other 
                than water, gas, or oil; and
          [(2) to the extent such jurisdiction is not limited 
        by subsection (b) of this section or the extent the 
        transportation is in the United States and is between a 
        place in--
                  [(A) a State and a place in another State;
                  [(B) the District of Columbia and another 
                place in the District of Columbia;
                  [(C) a State and a place in a territory or 
                possession of the United States;
                  [(D) a territory or possession of the United 
                States and a place in another such territory or 
                possession;
                  [(E) a territory or possession of the United 
                States and another place in the same territory 
                or possession;
                  [(F) the United States and another place in 
                the United States through a foreign country; or
                  [(G) the United States and a place in a 
                foreign country.
  [(b) The Commission does not have jurisdiction under 
subsection (a) of this section over--
          [(1) the transportation of passengers or 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 subtitle; or
          [(2) transportation by a water common carrier when 
        that transportation would be subject to this subchapter 
        only because the water common carrier absorbs, out of 
        its port-to-port water rates or out of its proportional 
        through rates, a switching, terminal, lighterage, care 
        rental, trackage, handling, or other charge by a rail 
        carrier for services in the switching, drayage, 
        lighterage, or corporate limits of a port terminal or 
        district.
  [(c) This subtitle 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 Commission under this subchapter unless 
(1) the transportation is deemed to be subject to the 
jurisdiction of the Commission pursuant to section 
11501(b)(4)(B) of this title, or (2) the State requirement is 
inconsistent with an order of the Commission issued under this 
subtitle or is prohibited under this subtitle.
  [(d) The jurisdiction of the Commission and of State 
authorities (to the extent such authorities are authorized to 
administer the standards and procedures of this subtitle 
pursuant to this section and section 11501(b) of this title) 
over transportation by rail carriers, and the remedies provided 
in this subtitle with respect to the rates, classifications, 
rules, and practices of such carriers, is exclusive.

[Sec. 10502. Express carrier transportation

  [The Interstate Commerce Commission has jurisdiction under 
this subchapter, and not under subchapter II or III of this 
chapter, over transportation of an express carrier--
          [(1) by motor vehicle, to the extent the 
        transportation was subject to the jurisdiction of the 
        Commission on September 18, 1940, under part I of the 
        Interstate Commerce Act (24 Stat. 379), as amended; and
          [(2) by water in providing express transportation.

[Sec. 10503. Railroad and water transportation connections and rates

  [(a) When a rail carrier and a water common carrier may or do 
provide jointly, transportation, not entirely in one State from 
a place in the United States to another place in the United 
States, even if part of the transportation is outside the 
United States, the Interstate Commerce Commission has the 
following jurisdiction over that transportation:
          [(1) To establish a physical connection between the 
        railroad lines of the rail carrier and the dock at 
        which an interchange is to be made, the Commission 
        may--
                  [(A) require the rail carrier to make a 
                suitable connection between its lines and 
                tracks that have been constructed from the dock 
                to the limits of the railroad right-of-way;
                  [(B) subject to the same restrictions on 
                findings of public convenience and necessity 
                and other matters that are imposed on 
                construction under sections 10901, 10902, and 
                10907 of this title, require the rail carrier 
                or water common carrier, or both, to construct 
                to the dock at least one track connecting with 
                the lines of the rail carrier;
                  [(C) determine and prescribe the conditions 
                under which a connecting track is to be 
                operated; and
                  [(D) in the construction or operation of the 
                track, determine the sum to be paid to, or by, 
                either carrier.
          [(2) The Commission may--
                  [(A) prescribe proportional rates, maximum 
                proportional rates, minimum proportional rates, 
                or maximum and minimum proportional rates, of a 
                rail carrier to and from the ports to which the 
                passengers or property is transported by the 
                water common carrier; and
                  [(B) determine the passengers, property, 
                vessels, and on which conditions those rates 
                apply.
        In this paragraph, ``proportional rates'' means those 
        rates that differ from the corresponding local rates to 
        and from a port and apply only to passengers or 
        property brought to the port or carried from the port 
        by a water common carrier.
  [(b) The Commission may act under this section only after a 
full hearing. An order entered as the result of an action may 
be conditioned on giving security for the payment of an amount 
of money or the discharge of an obligation that is required to 
be paid or discharged under that order.

[Sec. 10504. Exempt mass transportation

  [(a) In this section--
          [(1) ``local governmental authority''--
                  [(A) has the same meaning given that term by 
                section 5302(a) of this title; and
                  [(B) includes a person or entity that 
                contracts with the local governmental authority 
                to provide transportation services.
          [(2) ``mass transportation'' means transportation 
        services described in section 5302(a) of this title 
        that are provided by rail.
  [(b) The Interstate Commerce Commission does not have 
jurisdiction under this subtitle over mass transportation 
provided by a local governmental authority if--
          [(1) the Commission would have jurisdiction but for 
        this section; and
          [(2) the fares of the local governmental authority, 
        or its authority to apply to the Commission for changes 
        in those fares, is subject to the approval or 
        disapproval of the chief executive officer of the State 
        in which the transportation is provided.
  [(c) Notwithstanding subsection (b) of this section, a local 
governmental authority, described in subsection (b), is subject 
to applicable laws of the United States related to--
          [(1) safety;
          [(2) the representation of employees for collective 
        bargaining; and
          [(3) employment retirement, annuity, and unemployment 
        systems or other provisions related to dealings between 
        employees and employers.

[Sec. 10505. Authority to exempt rail carrier and motor carrier 
                    transportation

  [(a) In a matter related to a rail carrier providing 
transportation, or a motor carrier providing transportation of 
property other than household goods, or in non-contiguous 
domestic trade, subject to the jurisdiction of the Interstate 
Commerce Commission under this subchapter, the Commission shall 
exempt a person, class of persons, or a transaction or service 
when the Commission finds that the application of a provision 
of this subtitle--
          [(1) is not necessary to carry out the transportation 
        policy of section 10101 or section 10101a of this 
        title; and
          [(2) either (A) the transaction or service is of 
        limited scope, or (B) the application of a provision of 
        this subtitle is not needed to protect shippers from 
        the abuse of market power.
  [(b) The Commission 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.
  [(c) The Commission may specify the period of time during 
which an exemption granted under this section is effective.
  [(d) The Commission may revoke an exemption, to the extent it 
specifies, when it finds that application of a provision of 
this subtitle to the person, class, or transportation is 
necessary to carry out the transportation policy of section 
10101 or section 10101a of this title.
  [(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 11707 of this title. 
Nothing in this subsection or section 11707 of this title shall 
prevent rail carriers from offering alternative terms nor give 
the Commission the authority to require any specific level of 
rates or services based upon the provisions of section 11707 of 
this title.
  [(f) The Commission may exercise its authority under this 
section to exempt transportation that is provided by a rail 
carrier, or a motor carrier providing transportation of 
property other than household goods, or in non-contiguous 
domestic trade, as a part of a continuous intermodal movement.
  [(g) The Commission may not exercise its authority under this 
section (1) to authorize intermodal ownership that is otherwise 
prohibited by this title, (2) to relieve a carrier of its 
obligation to protect the interests of employees as required by 
this subtitle, (3) to relieve a motor carrier of property or 
other person from the application or enforcement of the 
provisions of sections 10706, 10761, 10762, 10927, and 11707 of 
this title, or (4) to exempt a motor carrier of property from 
the application of, and compliance with, any law, rule, 
regulation, standard, or order pertaining to cargo loss and 
damage; insurance; antitrust immunity for joint line rates and 
routes, classification of commodities (including uniform 
packaging rules), uniform bills of lading, or standardized 
mileage guides; or safety fitness.

              [SUBCHAPTER II--MOTOR CARRIER TRANSPORTATION

[Sec. 10521. General jurisdiction

  [(a) Subject to this chapter and other law, the Interstate 
Commerce Commission has jurisdiction over transportation by 
motor carrier and the procurement of that transportation, 
except by a freight forwarder (other than a household goods 
freight forwarder), to the extent that passengers, property, or 
both, are transported by motor carrier--
          [(1) between a place in--
                  [(A) a State and a place in another State;
                  [(B) a State and another place in the same 
                State through another State;
                  [(C) the United States and a place in a 
                territory or possession of the United States to 
                the extent the transportation is in the United 
                States;
                  [(D) the United States and another place in 
                the United States through a foreign country to 
                the extent the transportation is in the United 
                States; or
                  [(E) the United States and a place in a 
                foreign country to the extent the 
                transportation is in the United States; and
          [(2) in a reservation under the exclusive 
        jurisdiction of the United States or on a public 
        highway.
  [(b) This subtitle does not--
          [(1) except as provided in sections 10922(c)(2), 
        10935, 10936, 11501(e), and 11501(h) of this title, 
        affect the power of a State to regulate intrastate 
        transportation provided by a motor carrier;
          [(2) except as provided in sections 10922(c)(2), and 
        11501(e), authorize the Commission to prescribe or 
        regulate a rate for intrastate transportation provided 
        by a motor carrier;
          [(3) except as provided in section 10922(c)(2), of 
        this title, allow a motor carrier to provide intrastate 
        transportation on the highways of a State; or
          [(4) except as provided in section 11504(b) of this 
        title, affect the taxation power of a State over a 
        motor carrier.

[Sec. 10522. 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 
10521 of this title is provided in a foreign country--
          [(1) the Interstate Commerce Commission does not have 
        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 
        subtitle related to rates and practices applicable to 
        the transportation.

[Sec. 10523. Exempt motor vehicle transportation in terminal areas

  [(a)(1) The Interstate Commerce Commission does not have 
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 the 
                jurisdiction of the Commission under subchapter 
                I of this chapter;
                  [(ii) a water carrier subject to the 
                jurisdiction of the Commission under subchapter 
                III of this chapter; or
                  [(iii) a household goods freight forwarder 
                subject to the jurisdiction of the Commission 
                under subchapter IV of this chapter; and
          [(C) is incidental to transportation provided by the 
        carrier or service provided by the household goods 
        freight forwarder that is subject to the jurisdiction 
        of the Commission under any of those subchapters.
  [(2) Transportation exempt from the jurisdiction of the 
Commission under paragraph (1) of this subsection is subject to 
the jurisdiction of the Commission under subchapter I of this 
chapter when provided by such a rail carrier, under subchapter 
III of this chapter when provided by such a water carrier, and 
under subchapter IV of this chapter when provided by such a 
household goods freight forwarder.
  [(b)(1) Except to the extent provided in paragraph (2) of 
this subsection, the Commission does not have 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 or express carrier 
                subject to the jurisdiction of the Commission 
                under subchapter I of this chapter;
                  [(ii) a motor carrier subject to the 
                jurisdiction of the Commission under this 
                subchapter;
                  [(iii) a water carrier subject to the 
                jurisdiction of the Commission under subchapter 
                II of this chapter; or
                  [(iv) a household goods freight forwarder 
                subject to the jurisdiction of the Commission 
                under subchapter IV of this chapter.
  [(2) Transportation exempt from the jurisdiction of the 
Commission under paragraph (1) of this subsection is considered 
transportation provided by the carrier or service provided by 
the household goods freight forwarder for whom the 
transportation was provided and is subject to the jurisdiction 
of the Commission under subchapter I of this chapter when 
provided for such a rail carrier or express carrier, under this 
subchapter when provided for such a motor carrier, under 
subchapter III of this chapter when provided for such a water 
carrier, and under subchapter IV of this chapter when provided 
for such a household goods freight forwarder.

[Sec. 10524. Transportation furthering a primary business

  [(a) The Interstate Commerce Commission does not have 
jurisdiction under this subchapter 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) The Commission does not have jurisdiction under this 
subchapter 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 
if--
          [(1) the parent corporation notifies the Commission 
        of its intent or one of its subsidiaries' intent to 
        provide the transportation;
          [(2) the notice contains a list of participating 
        subsidiaries and an affidavit that the parent 
        corporation owns directly or indirectly a 100 percent 
        interest in each of the subsidiaries;
          [(3) the Commission publishes the notice in the 
        Federal Register within 30 days of receipt; and
          [(4) a copy of the notice is carried in the cab of 
        all vehicles conducting the transportation.
  [(c) 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. 10525. Exempt motor carrier transportation entirely in one State

  [(a) The Interstate Commerce Commission shall exempt 
transportation of a motor carrier subject to the jurisdiction 
of the Commission under this subchapter from compliance with 
this subtitle when--
          [(1) the motor carrier provides transportation 
        entirely in one State; and
          [(2) the Commission finds that the nature or quantity 
        of transportation provided by the motor carrier does 
        not substantially affect or impair uniform regulation 
        by the Commission of motor carrier transportation in 
        carrying out the transportation policy of section 10101 
        of this title.
  [(b) The Commission may begin a proceeding under this section 
on its own initiative or on application of a motor carrier, a 
State authority having jurisdiction to regulate intrastate 
transportation by motor vehicle on the highways of that State, 
or an interested party. An application must be under oath and 
must contain information required by Commission regulation. The 
Commission may exempt the transportation by motor carrier or 
class of motor carriers. When an exemption is granted, the 
Commission shall issue a certificate of exemption describing 
the conditions required by the public interest under which the 
certificate is issued.
  [(c) When an application for exemption is accompanied by a 
certificate of the authority of the State in which the 
applicant provides transportation stating the finding of the 
State authority that the applicant is entitled to a certificate 
of exemption under this section, the exemption is effective on 
the 60th day after the application is filed with the Commission 
unless the Commission denies the application before that date. 
If not denied before that date, the exemption remains effective 
until the Commission thereafter denies or revokes it.
  [(d) The Commission may revoke any part of an exemption 
granted under this section when it finds that the nature or 
quantity of the transportation by the motor carrier or class of 
motor carriers affects or impairs, or is likely substantially 
to affect or impair uniform regulation by the Commission of 
motor carrier transportation in carrying out the transportation 
policy of section 10101 of this title. If the exemption is 
revoked, the Commission shall restore without further 
proceedings the authority any such motor carrier had to provide 
transportation subject to the jurisdiction of the Commission 
under this subchapter at the time the exemption was effective.
  [(e) Notwithstanding the provisions of this section, the 
Commission has no 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 the 
jurisdiction of the Commission under this subsection and, to 
the extent provided by a motor carrier operating solely within 
the State of Hawaii, transportation exempt from the 
jurisdiction of the Commission under section 10523 of this 
title.
  [(f) State regulation of the operations of a motor carrier 
covered by an exemption under this section is not a burden on 
interstate or foreign commerce.

[Sec. 10526. Miscellaneous motor carrier transportation exemptions

  [(a) The Interstate Commerce Commission does not have 
jurisdiction under this subchapter over--
          [(1) a motor vehicle transporting only school 
        children and teachers to or from school;
          [(2) a motor vehicle providing taxicab service and 
        having a capacity of not more than 6 passengers and not 
        operated on a regular route or between specified 
        places;
          [(3) a motor vehicle owned or operated by or for a 
        hotel and only transporting hotel patrons between the 
        hotel and the local station of a common carrier;
          [(4) a motor vehicle controlled and operated by a 
        farmer and transporting--
                  [(A) the farmer's agricultural or 
                horticultural commodities and products; or
                  [(B) supplies to the farm of the farmer;
          [(5) a motor vehicle controlled and operated by a 
        cooperative association (as defined by section 15(a) of 
        the Agricultural Marketing Act (12 U.S.C. 1141j(a)) or 
        by a federation of cooperative associations if the 
        federation has no greater power or purposes than a 
        cooperative association, except that if the cooperative 
        association or federation provides transportation for 
        compensation between a place in a State and a place in 
        another State, or between a place in a State and 
        another place in the same State through another State--
                  [(A) for a nonmember that is not a farmer, 
                cooperative association, federation, or the 
                United States Government, the transportation 
                (except for transportation otherwise exempt 
                under this subchapter)--
                          [(i) shall be limited to 
                        transportation incidental to the 
                        primary transportation operation of the 
                        cooperative association or federation 
                        and necessary for its effective 
                        performance;
                          [(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
                          [(iii) shall be provided only after 
                        the cooperative association or 
                        federation notifies the Commission of 
                        its intent to provide the 
                        transportation; 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 of 
        Transportation) 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 10924(f) of this title; 
        or
          [(15) transportation of broken, crushed, or powdered 
        glass.
  [(b) Except to the extent the Commission finds it necessary 
to exercise jurisdiction to carry out the transportation policy 
of section 10101 of this title, the Commission does not have 
jurisdiction under this subchapter over--
          [(1) transportation provided entirely in a 
        municipality, in contiguous municipalities, or in a 
        zone that is adjacent to, and commercially a part of, 
        the municipality or municipalities, except--
                  [(A) when the transportation is under common 
                control, management, or arrangement for a 
                continuous carriage or shipment to or from a 
                place outside the municipality, municipalities, 
                or zone; or
                  [(B) that in transporting passengers over a 
                route between a place in a State and a place in 
                another State, or between a place in a State 
                and another place in the same State through 
                another State, the transportation is exempt 
                from the jurisdiction of the Commission 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 certificate or permit issued, 
        under this subtitle; or
          [(3) the emergency towing of an accidentally wrecked 
        or disabled motor vehicle.

[Sec. 10527. Written contracts pertaining to certain interstate 
                    movements by motor vehicle

  [(a) Notwithstanding the provisions of section 10526(a)(6) of 
this title, the Interstate Commerce Commission, in cooperation 
with the Secretary of Agriculture, shall, where appropriate, 
require by regulation the use of written contracts for the 
interstate movement by motor vehicle of property described in 
such section and for brokerage services to be provided in 
connection with the interstate movement of such property.
  [(b) A written contract between an owner or operator of a 
motor vehicle and a broker, shipper of property, or receiver of 
property which is required to be used by the Commission under 
this section shall specify the arrangements, including 
compensation, with respect to loading and unloading of the 
property transported under such contract. Whenever the shipper 
or receiver of the property transported under such contract 
requires that the operator of the vehicle load or unload any 
part of the property onto or from the vehicle contrary to any 
provision of such contract, the shipper or receiver shall 
compensate the owner or operator of the vehicle for all costs 
associated with loading or unloading that part of the property. 
Any person who knowingly violates the preceding sentence is 
liable to the United States Government for a civil penalty of 
not more than $10,000 for each violation.
  [(c) The Commission shall prescribe, by regulation, the 
minimum requirements and conditions of written contracts 
required to be used under this section.

[Sec. 10528. Mixed loads of regulated and unregulated property

  [A motor carrier of property providing transportation exempt 
from the jurisdiction of the Commission under paragraph (6), 
(8), (11), (12), or (13) of section 10526(a) of this title 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 certificate issued under section 10922(b) of 
this title or under a permit issued under section 10923 of this 
title. 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 certificate or permit.

[Sec. 10529. Limited authority over cooperative associations

  [(a) Notwithstanding section 10526(a)(5) of this title, 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 which is required to 
notify the Commission under such section 10526(a)(5) shall 
prepare and maintain such records relating to transportation 
provided by such association or federation, in such form, as 
the Commission may require by regulation to carry out the 
provisions of such section 10526(a)(5). The Commission or an 
employee designated by the Commission, 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) Notwithstanding section 10526(a)(5) of this title, the 
Commission may require a cooperative association or federation 
of cooperative associations described in subsection (a) of this 
section to file reports with the Commission containing answers 
to questions about transportation provided by such association 
or federation.
  [(c) The Commission may bring a civil action to enforce 
subsections (a) and (b) of this section or a regulation or 
order of the Commission issued under this section, when 
violated by a cooperative association or federation of 
cooperative associations described in subsection (a).
  [(d)(1) A person required to make a report to the Commission, 
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 by the Commission, is 
liable to the United States Government for a civil penalty of 
not more than $500 for each violation and for not more than 
$250 for each additional day the violation continues.
  [(2) Trial in a civil action under paragraph (1) of this 
subsection 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) 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) A person required to make a report to the Commission, 
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 the Commission requires the question 
to be answered, (3) willfully does not maintain that record in 
the form and manner prescribed by the Commission, (4) knowingly 
and willfully falsifies, destroys, mutilates, or changes that 
report or record, (5) knowingly and willfully files a false 
report or record with the Commission 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 of the Commission issued under this 
section, shall be fined not more than $5,000.

[Sec. 10530. Certificates of registration for certain foreign carriers

  [(a) In this section--
          [(2) ``foreign motor carrier'' means a person 
        (including a motor carrier of property but excluding a 
        motor private carrier)--
                  [(A)(i) which is domiciled in a contiguous 
                foreign country; or
                  [(ii) which is owned or controlled by persons 
                of a contiguous foreign country and is not 
                domiciled in the United States; and
                  [(B) in the case of a person which is not a 
                motor carrier of property, which provides 
                interstate transportation of property 
                (including exempt items) 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)).
          [(3) ``foreign motor private carrier'' means a person 
        (including a motor private carrier but excluding a 
        motor carrier of property)--
                  [(A)(i) which is domiciled in a contiguous 
                foreign country; or
                  [(ii) which is owned or controlled by persons 
                of a contiguous foreign country and is not 
                domiciled in the United States; and
                  [(B) in the case of a person which is not a 
                motor private carrier, which provides 
                interstate transportation of property 
                (including exempt items) 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)).
  [(b) Certification Requirement.--
          [(1) For foreign motor carriers.--Except as provided 
        in this section and sections 10922 and 10923, no 
        foreign motor carrier may provide interstate 
        transportation of property (including exempt items) by 
        motor vehicle unless the Commission has issued to such 
        person a certificate of registration under this 
        section, or a certificate or permit under subchapter II 
        of chapter 109, authorizing such person to provide such 
        transportation.
          [(2) For foreign motor carriers.--Except as provided 
        in this section, no foreign motor private carrier may 
        provide interstate transportation of property 
        (including exempt items) by motor vehicle unless the 
        Commission has issued to the carrier a certificate of 
        registration under this section authorizing the carrier 
        to provide such transportation.
  [(c) Without regard to subchapter II of chapter 103 of this 
title and subchapter II of chapter 5 of title 5, the Commission 
shall issue a certificate of registration to any foreign motor 
carrier authorizing the carrier to provide interstate 
transportation of property (including exempt items) by motor 
vehicle, and to any foreign motor private carrier authorizing 
the carrier to provide interstate transportation of property 
(including exempt items) in by motor vehicle, if--
          [(1) the Commission finds that the carrier is fit, 
        willing, and able--
                  [(A) to provide the transportation to be 
                authorized by the certificate; and
                  [(B) to comply with this subtitle and 
                regulations of the Commission; and
          [(2) the carrier demonstrates to the satisfaction of 
        the Commission that the carrier has paid (or will pay 
        in a timely manner) all taxes imposed by section 4481 
        of the Internal Revenue Code of 1954 on any motor 
        vehicle which such carrier operated in the United 
        States in the most recent taxable period (as such term 
        is defined under section 4482(c) of such Code).
  [(d) A foreign motor carrier and a foreign motor private 
carrier must file an application with the Commission for a 
certificate of registration under this section to provide 
interstate transportation by motor vehicle. The Commission may 
approve any part of the application or deny the application. 
The application must--
          [(1) be under oath;
          [(2) contain such information as the Commission may 
        require by regulation; and
          [(3) be filed with the Commission at such times as 
        the Commission may require by regulation.
  [(e) The requirement that foreign motor carriers and foreign 
motor private carriers issued certificates of registration 
under this section be fit, willing, and able means--
          [(1) safety fitness; and
          [(2) proof of minimum financial responsibility--
                  [(A) under section 30 of the Motor Carrier 
                Act of 1980, and
                  [(B) under the laws of the States in which 
                the carrier is operating,
to the extent applicable.
  [(f) Each certificate of registration issued under this 
section shall specify the transportation to be provided under 
the certificate.
  [(g)\1\ Identification.--
          [(1) In vehicle.--Any motor vehicle which is used by 
        a foreign motor carrier or by a foreign motor private 
        carrier to provide interstate transportation of 
        property (including exempt items) by motor vehicle 
        under a certificate issued under this section or 
        section 10922 or under a permit issued under section 
        10923 shall have a copy of such certificate or permit, 
        as the case may be, in such motor vehicle at any time 
        such vehicle is being used to provide such 
        transportation.
          [(2) Denial of entry.--The Commission, the Secretary 
        of Transportation, and the Secretary of the Treasury 
        shall deny entry into the United States of any motor 
        vehicle in which there is not a copy of the certificate 
        or permit required to be in such vehicle by paragraph 
        (1) of this subsection.
  [(h) When a certificate of registration is issued under this 
section, the Commission may prescribe such conditions on the 
transportation to be provided under the certificate as may be 
necessary to carry out the objectives of this section.
  [(i)(1) Subject to paragraph (3) of this subsection, this 
section shall not apply with respect to any contiguous foreign 
country with respect to which a moratorium is not in effect 
under section 10922(l) of this title on the effective date of 
this section.
  [(2) The President of the United States may waive the 
requirements of this section with respect to any contiguous 
foreign country if the President determines that such waiver is 
in the national interest and notifies, in writing, the Congress 
of such waiver before the date on which such waiver is to take 
effect. In any case in which the requirements of this section 
apply with respect to a continguous foreign country which 
substantially prohibits grants of authority to persons from the 
United States to provide transportation by motor vehicle for 
compensation in such foreign country, such waiver shall not 
take effect before the 60th day following the date on which the 
Congress is notifed of such waiver.
  [(3) The President of the United States may, by order, make 
the requirements of this section applicable with respect to any 
contiguous foreign country if--
          [(A) the President determines that making such 
        requirements so applicable is in the national interest; 
        and
          [(B) the President--
                  [(i) notifies, in writing, the Congress of 
                the issuance of such order; and
                  [(ii) has published a copy of such order in 
                the Federal Register;
        at least 30 days before such order takes effect.

[Sec. 10531. Mass transportation exemption

  [(a) Definitions.--The definitions in section 5302(a) of this 
title apply to this section.
  [(b) Petition for Granting Exemptions.--A State or local 
governmental authority may petition the Interstate Commerce 
Commission for an exemption from the jurisdiction of the 
Commission under this subchapter for mass transportation the 
authority provides or has provided to it by contract. Not later 
than 180 days after the Commission receives a petition and 
after notice and a reasonable opportunity for a proceeding, the 
Commission shall exempt the State, local governmental 
authority, or contractor unless the Commission finds that--
          [(1) the public interest would not be served by an 
        exemption;
          [(2) the exemption would result in an unreasonable 
        burden on interstate or foreign commerce; or
          [(3) a State or local governmental authority may not 
        regulate the mass transportation to be exempt under 
        this section.
  [(c) Application of Other Laws.--All applicable laws of the 
United States related to safety and to representation of 
employees for collective bargaining purposes, retirement, 
annuities, and unemployment systems, and all other laws related 
to employee-employer relations, apply to a State or local 
governmental authority that was granted, or whose contractor 
was granted, an exemption under this section.
  [(d) Changing and Revoking Exemptions.--The Commission may 
change or revoke an exemption if it finds that new evidence, 
material error, or changed circumstances exist that materially 
affect the original order. The Commission may act on its own 
initiative or on application of an interested party.

             [SUBCHAPTER III--WATER CARRIER TRANSPORTATION

[Sec. 10541. General jurisdiction

  [(a) Subject to this chapter and other law, the Interstate 
Commerce Commission has jurisdiction over transportation 
insofar as water carriers are concerned--
          [(1) by water carrier between a place in a State and 
        a place in another State, even if part of the 
        transportation is outside the United States;
          [(2) by water carrier and rail carrier or 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 Commission only has 
        jurisdiction over that part of the transportation 
        provided--
                  [(A) by rail carrier or 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 rail 
        carrier or 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 rail 
                carrier or 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) If transportation by a carrier would be subject to the 
jurisdiction of the Commission under both subsection (a) of 
this section and subchapter I of this chapter, then that 
transportation is subject to the jurisdiction of the Commission 
under subsection (a) of this section. However, that 
transportation is also subject to the jurisdiction of the 
Commission under subchapter I of this chapter to the extent 
that this subtitle imposes requirements on transportation by 
carriers subject to the jurisdiction of the Commission under 
subchapter I that are not imposed on transportation by carriers 
subject to the jurisdiction of the Commission under subsection 
(a) of this section.
  [(c) This subtitle does not--
          [(1) affect the power of a State to regulate 
        intrastate transportation provided by a water carrier; 
        or
          [(2) authorize the Commission to prescribe or 
        regulate a rate for intrastate transportation by a 
        water carrier.

[Sec. 10542. Exempt bulk transportation

  [(a)(1) The Interstate Commerce Commission does not have 
jurisdiction under this subchapter over transportation by a 
water carrier of commodities in bulk that, under an existing 
custom of the trade in the handling and transportation of 
commodities in bulk as of June 1, 1939--
          [(A) are loaded and carried without wrappers or 
        containers; and
          [(B) are received and delivered by the carrier 
        without transportation mark or count.
  [(2) This subsection does not apply to transportation subject 
to the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et 
seq.) on September 18, 1940.
  [(b) The Commission does not have jurisdiction under this 
subchapter over transportation by a water contract carrier of 
commodities in bulk in a non-oceangoing vessel on a normal 
voyage during which--
          [(1) the cargo space of the vessel is used for 
        carrying not more than 3 commodities in bulk; and
          [(2) the vessel passes in or through waters that are 
        international for navigational purposes by a treaty to 
        which the United States is a party.
  [(c) The Commission does not have jurisdiction under this 
subchapter over transportation by water carrier of liquid 
cargoes in bulk in a tank vessel--
          [(1) designed exclusively for transporting such a 
        cargo; and
          [(2) having a certificate of inspection issued under 
        part B of subtitle II of title 46 endorsed to show that 
        the vessel complies with chapter 37 of title 46.

[Sec. 10543. Exempt incidental water transportation

  [(a)(1) The Interstate Commerce Commission does not have 
jurisdiction under this subchapter when the transportation--
          [(A)(i) is provided in a terminal area and is a 
        transfer, collection, or delivery; or
          [(ii) is flotage, car ferrying, lighterage, or 
        towage;
          [(B) is provided by--
                  [(i) a rail carrier subject to the 
                jurisdiction of the Commission under subchapter 
                I of this chapter; or
                  [(ii) a motor carrier subject to the 
                jurisdiction of the Commission under subchapter 
                II of this chapter; and
          [(C) is incidental to transportation provided by the 
        carrier subject to the jurisdiction of the Commission 
        under either of those subchapters.
  [(2) Transportation exempt from the jurisdiction of the 
Commission under paragraph (1) of this subsection is subject to 
the jurisdiction of the Commission under subchapter I of this 
chapter when provided by such a rail carrier and under 
subchapter II of this chapter when provided by such a motor 
carrier.
  [(b)(1) Except to the extent provided in paragraph (2) of 
this subsection, the Commission does not have jurisdiction 
under this subchapter over transportation by water when the 
transportation--
          [(A)(i) is provided in a terminal area and is a 
        transfer, collection, or delivery; or
          [(ii) is flotage, car ferrying, lighterage, or 
        towage; and
          [(B) is provided by a person as an agent or under 
        other arrangement for--
                  [(i) a rail carrier or express carrier 
                subject to the jurisdiction of the Commission 
                under subchapter I of this chapter;
                  [(ii) a motor carrier subject to the 
                jurisdiction of the Commission under subchapter 
                II of this chapter; or
                  [(iii) a water carrier subject to the 
                jurisdiction of the Commission under this 
                subchapter.
  [(2) Transportation exempt from the jurisdiction of the 
Commission under paragraph (1) of this subsection is considered 
transportation provided by the carrier for whom the 
transportation was provided and is subject to the jurisdiction 
of the Commission under subchapter I of this chapter when 
provided for such a rail carrier or express carrier, under 
subchapter II of this chapter when provided for such a motor 
carrier, and under this subchapter when provided for such a 
water carrier.

[Sec. 10544. Miscellaneous water carrier transportation exemptions

  [(a) Except to the extent the Interstate Commerce Commission 
finds it necessary to exercise jurisdiction to carry out the 
transportation policy of section 10101 of this title, the 
Commission does not have jurisdiction under this subchapter 
over transportation by water carrier when the transportation is 
provided--
          [(1) entirely in one harbor or between places in 
        contiguous harbors, other than transportation under 
        common control, management, or arrangement for a 
        continuous carriage or shipment to or from a place 
        outside the limits of the harbor or the contiguous 
        harbors;
          [(2) by a vessel of not more than 100 tons carrying 
        capacity or 100 indicated horsepower;
          [(3) by a vessel carrying only passengers and 
        equipped to carry not more than 16 passengers;
          [(4) by a ferry;
          [(5) by a water carrier transporting equipment of 
        contractors used, or to be used, in construction or 
        repair for the water carrier; or
          [(6) to carry out salvage operations.
  [(b) The Commission may exempt from its jurisdiction under 
this subchapter the transportation of passengers between places 
in the United States through a foreign port when the Commission 
finds its jurisdiction is not necessary to carry out the 
transportation policy of section 10101 of this title. The 
Commission may begin a proceeding under this subsection on its 
own initiative or on application of an interested party.
  [(c) The Commission shall exempt from its jurisdiction under 
this subchapter the transportation of commodities by water 
contract carrier when the Commission finds that the 
transportation is not actually and substantially competitive 
with transportation provided by a carrier subject to the 
jurisdiction of the Commission under subchapter I or II of this 
chapter because of the inherent nature of the commodities 
transported, their requirement of special equipment, or their 
shipment in bulk. The Commission may prescribe conditions 
applicable to an exemption under this subsection. The 
Commission may begin a proceeding under this subsection on 
application of a water contract carrier.
  [(d)(1) The Commission does not have jurisdiction under this 
subtitle over transportation by a water common carrier provided 
between the 48 contiguous States or the District of Columbia, 
and Alaska if, before January 3, 1959--
          [(A) the carrier provided that transportation, was 
        also a motor common carrier, and has continued to 
        provide the transportation since before that date; and
          [(B) the transportation was subject to the Shipping 
        Act, 1916 (46 App. U.S.C. 801 et seq.) or the 
        Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et 
        seq.).
  [(2) The transportation remains subject to the jurisdiction 
of the Federal Maritime Commission.
  [(e) The Commission shall exempt the transportation of 
property on a vessel furnished by a water contract carrier to a 
person not a carrier providing transportation or service 
subject to the jurisdiction of the Commission under this 
subtitle when the person uses the vessel to transport its own 
property and the Commission finds its jurisdiction is not 
necessary to carry out the transportation policy of section 
10101 of this title. The Commission may begin a proceeding 
under this section on its own initiative or on application of 
an interested party. The Commission may exempt the 
transportation by person or class of persons. The Commission 
shall specify the period of time during which the exemption is 
effective. The Commission may revoke the exemption when it 
finds that its jurisdiction over the transportation of the 
property is necessary to carry out the transportation policy of 
section 10101. The Commission may deny or revoke an exemption 
only after an opportunity for a proceeding.
  [(f)(1) The Commission shall exempt the transportation of 
property by a water carrier under this subchapter when the 
Commission finds that the carrier is transporting only the 
property of a person owning substantially all of the voting 
stock of the carrier. When an exemption is granted, the 
Commission shall issue a certificate of exemption. The 
Commission may begin a proceeding under this subsection on its 
own initiative or on application of an interested party.
  [(2) The Commission may revoke an exemption granted under 
this subsection when it finds the water carrier is no longer 
entitled to the exemption. If the exemption is revoked, the 
Commission shall restore without further proceedings the 
authority the water carrier had to provide transportation 
subject to the jurisdiction of the Commission under this 
subchapter at the time the exemption became effective.

               [SUBCHAPTER IV--FREIGHT FORWARDER SERVICE

[Sec. 10561. General jurisdiction

  [(a) Subject to this chapter and other law, the Interstate 
Commerce Commission has jurisdiction over service that a 
household goods freight forwarder--
          [(1) undertakes to provide; or
          [(2) is authorized or required under this subtitle to 
        provide; to the extent transportation is provided in 
        the United States and is between--
                  [(A) a place in a State and a place in 
                another State, even if part of the 
                transportation is outside the United States;
                  [(B) a place in a State and another place in 
                the same State through a place outside the 
                State; or
                  [(C) a place in the United States and a place 
                outside the United States.
  [(b) The Commission does not have jurisdiction under 
subsection (a) of this section over service undertaken by a 
household goods freight forwarder using transportation--
          [(1) of an air carrier subject to part A of subtitle 
        VII of this title; or
          [(2) by motor vehicle exempt under section 
        10526(a)(8) of this title.

              [CHAPTER 107--RATES, TARIFFS, AND VALUATIONS

                    [SUBCHAPTER I--GENERAL AUTHORITY

[Sec.
[10701.  Standards for rates, classifications, through routes, rules, 
          and practices.
[10701a.  Standards for rates for rail carriers.
[10702.  Authority for carriers to establish rates, classifications, 
          rules, and practices.
[10703.  Authority for carriers to establish through routes.
[10704.  Authority and criteria: rates, classifications, rules, and 
          practices prescribed by Interstate Commerce Commission.
[10705.  Authority: through routes, joint classifications, rates, and 
          divisions prescribed by Interstate Commerce Commission.
[10705a.  Joint rate surcharges and cancellations.
[10706.  Rate agreements: exemption from antitrust laws.
[10707.  Investigation and suspension of new rail carrier rates, 
          classifications, rules, and practices.
[10707a.  Zone of rail carrier rate flexibility.
[10708.  Investigation and suspension of new nonrail carrier rates, 
          classifications, rules, and practices.
[10709.  Determination of market dominance in rail carrier rate 
          proceedings.
[10710.  Elimination of discrimination against recyclable materials.
[10711.  Effect of certain sections on rail rates and practices.
[10712.  Inflation-based rate increases.
[10713.  Contracts.

                  [SUBCHAPTER II--SPECIAL CIRCUMSTANCES

[10721.  Government traffic.
[10722.  Special passenger rates.
[10723.  Charitable purposes.
[10724.  Emergency rates.
[10725.  Special freight forwarder rates.
[10726.  Long and short haul transportation.
[10728.  Separate rates for distinct rail services.
[10730.  Rates and liability based on value.
[10731.  Investigation of discriminatory rail rates for transportation 
          of recyclable or recycled materials.
[10732.  Food and grocery transportation.
[10733.  Rates for transportation of recyclable materials.
[10734.  Car utilization.
[10734.  Household goods rates--estimates; guarantees of service.

                      [SUBCHAPTER III--LIMITATIONS

[10741.  Prohibitions against discrimination by common carriers.
[10742.  Facilities for interchange of traffic.
[10743.  Payment of rates.
[10744.  Liability for payment of rates.
[10745.  Continuous carriage of freight.
[10746.  Transportation of commodities manufactured or produced by a 
          rail carrier.
[10747.  Transportation services or facilities furnished by shipper.
[10748.  Transportation of livestock by rail carrier.
[10749.  Exchange of services and limitation on use of common carriers 
          by household goods freight forwarders.
[10750.  Demurrage charges.
[10751.  Business entertainment expenses.

                   [SUBCHAPTER IV--TARIFFS AND TRAFFIC

[10761.  Transportation prohibited without tariff.
[10762.  General tariff requirements.
[10763.  Designation of certain routes by shippers or Interstate 
          Commerce Commission.
[10764.  Arrangements between carriers: copy to be filed with Interstate 
          Commerce Commission.
[10765.  Water transportation under arrangements with certain other 
          carriers.
[10766.  Freight forwarder traffic agreements.
[10767.  Billing and collecting practices.

                  [SUBCHAPTER V--VALUATION OF PROPERTY

[10781.  Investigation and report by Interstate Commerce Commission.
[10782.  Requirements for establishing value.
[10783.  Cooperation and assistance of carriers.
[10784.  Revision of property valuations.
[10785.  Finality of valuation: notice, protest, and review.
[10786.  Applicability.

                    [SUBCHAPTER I--GENERAL AUTHORITY

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

  [(a) A rate (other than a rail rate), classification, rule, 
or practice related to transportation or service provided by a 
carrier subject to the jurisdiction of the Interstate Commerce 
Commission under chapter 105 of this title must be reasonable. 
A through route established by such a carrier (including a rail 
carrier) must be reasonable. Divisions of joint rates by those 
carriers (including rail carriers) must be made without 
unreasonable discrimination against a participating carrier and 
must be reasonable.
  [(c) A common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I or III of 
chapter 105 of this title may not discriminate in its rates 
against a connecting line of another carrier providing 
transportation subject to the jurisdiction of the Commission 
under either of those subchapters or unreasonably discriminate 
against that line in the distribution of traffic that is not 
routed specifically by the shipper.
  [(d) In a proceeding to determine whether a rate for 
transportation or service provided by a common carrier subject 
to the jurisdiction of the Commission under subchapter II, III, 
or IV of chapter 105 of this title complies with subsection (a) 
of this section, the good will, earning power, or certificate 
or permit under which that carrier is operating may not be 
considered or admitted as evidence of the value of the property 
of that carrier. When the carrier receives a certificate or 
permit under chapter 109 of this title, it is considered to 
have agreed to this subsection for itself and for all 
transferees of that certificate or permit.
  [(e) Except as provided in subsection (f), in proceedings to 
determine the reasonableness of rate levels for a motor carrier 
or group of motor carriers, or in proceedings to determine the 
reasonableness of a territorial rate structure where rates are 
proposed through agreements authorized by section 10706(b) of 
this title, the Commission shall authorize revenue levels that 
are adequate under honest, economical, and efficient management 
to cover total operating expenses, including the operation of 
leased equipment and depreciation, plus a reasonable profit. 
The standards and procedures adopted by the Commission under 
this subsection shall allow the carriers to achieve revenue 
levels that will 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, attract and retain capital in 
amounts adequate to provide a sound motor carrier 
transportation system in the United States, and take into 
account reasonable estimated or foreseeable future costs. Any 
complaint brought against a motor carrier (other than a carrier 
described in subsection (f)(1)(A)) by a person (other than a 
motor carrier) for unreasonably high rates for past or future 
transportation shall be determined under this subsection.
  [(f) Procedures for Resolving Claims Involving Unfiled, 
Negotiated Transportation Rates.--
          [(1) In general.--When a claim is made by a motor 
        carrier of property (other than a household goods 
        carrier) providing transportation subject to the 
        jurisdiction of the Commission under subchapter II of 
        chapter 105 of this title, by a freight forwarder 
        (other than a household goods freight forwarder), or by 
        a party representing such a carrier or freight 
        forwarder regarding the collection of rates or charges 
        for such transportation in addition to those originally 
        billed and collected by the carrier or freight 
        forwarder for such transportation, the person against 
        whom the claim is made may elect to satisfy the claim 
        under the provisions of paragraph (2), (3), or (4) of 
        this subsection, 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 subsection; and
                  [(B) with respect to the claim--
                          [(i) the person was offered a 
                        transportation rate by the carrier or 
                        freight forwarder other than that 
                        legally on file with the Commission for 
                        the transportation service;
                          [(ii) the person tendered freight to 
                        the carrier or freight forwarder in 
                        reasonable reliance upon the offered 
                        transportation rate;
                          [(iii) the carrier or freight 
                        forwarder did not properly or timely 
                        file with the Commission a tariff 
                        providing for such transportation rate 
                        or failed to enter into an agreement 
                        for contract carriage;
                          [(iv) such transportation rate was 
                        billed and collected by the carrier or 
                        freight forwarder; and
                          [(v) the carrier or freight forwarder 
                        demands additional payment of a higher 
                        rate filed in a tariff.
        If there is a dispute as to the showing under 
        subparagraph (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 subparagraph (B), such 
        dispute shall be resolved by the Commission. Pending 
        the resolution of any such dispute, the person shall 
        not have to pay any additional compensation to the 
        carrier or freight forwarder. Satisfaction of the claim 
        under paragraph (2), (3), or (4) of this subsection 
        shall be binding on the parties, and the parties shall 
        not be subject to chapter 119 of this title.
          [(2) 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 Commission.
          [(3) 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 Commission.
          [(4) Claims involving public warehousemen.--
        Notwithstanding paragraphs (2) and (3), 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 Commission.
          [(5) 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 
        paragraph (2), (3), or (4), the person may pursue all 
        rights and remedies existing under this title.
          [(6) Stay of additional compensation.--When a person 
        proceeds under this section to challenge the 
        reasonableness of the legally applicable freight rate 
        or charges being claimed by a carrier or freight 
        forwarder described in paragraph (1) 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 Commission 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.
          [(7) Limitation on statutory construction.--Except as 
        authorized in paragraphs (2), (3), (4), and (9) of this 
        subsection, nothing in this subsection shall relieve a 
        motor common carrier of the duty to file and adhere to 
        its rates, rules, and classifications as required in 
        sections 10761 and 10762 of this title.
          [(8) Notification of election.--
                  [(A) General rule.--A person must notify the 
                carrier or freight forwarder as to its election 
                to proceed under paragraph (2), (3), or (4). 
                Except as provided in subparagraphs (B), (C), 
                and (D), such election may be made at any time.
                  [(B) Demands for payment initially made after 
                date of enactment.--If the carrier or freight 
                forwarder or party representing such carrier or 
                freight forwarder initially demands the payment 
                of additional freight charges after the date of 
                the enactment of this subsection and notifies 
                the person from whom additional freight charges 
                are sought of the provisions of paragraphs (1) 
                through (7) at the time of the making of such 
                initial demand, the election must be made not 
                later than the later of--
                          [(i) the 60th day following the 
                        filing of an answer to a suit for the 
                        collection of such additional legally 
                        applicable freight rate or charges, or
                          [(ii) the 90th day following the date 
                        of the enactment of this subsection.
                  [(C) Pending suits for collection made before 
                or on date of enactment.--If the carrier or 
                freight forwarder or party representing such 
                carrier or freight forwarder has filed, before 
                or on the date of the enactment of this 
                subsection, a suit for the collection of 
                additional freight charges and notifies the 
                person from whom additional freight charges are 
                sought of the provisions of paragraphs (1) 
                through (7), the election must be made not 
                later than the 90th day following the date on 
                which such notification is received.
                  [(D) Demands for payment made before or on 
                date of enactment.--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 or on the date of the 
                enactment of this subsection and notifies the 
                person from whom additional freight charges are 
                sought of the provisions of paragraphs (1) 
                through (7), the election must be made not 
                later than the later of--
                          [(i) the 60th day following the 
                        filing of an answer to a suit for the 
                        collection of such additional legally 
                        applicable freight rate or charges, or
                          [(ii) the 90th day following the date 
                        of the enactment of this subsection.
          [(9) Claims involving small-business concerns, 
        charitable organizations, and recyclable materials.--
        Notwithstanding paragraphs (2), (3), and (4), 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, as defined in section 
                10733.a

[Sec. 10701a. Standards for rates for rail carriers

  [(a) Except as provided in subsection (b) or (c) of this 
section and unless a rate is prohibited by a provision of this 
title, a rail carrier providing transporation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title may establish any 
rate for transportation or other service provided by the 
carrier.
  [(b)(1) If the Commission determines, under section 10709 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 any proceeding to determine the reasonableness of a 
rate described in paragraph (1) of this subsection--
          [(A) the shipper challenging such rate shall have the 
        burden of proving that such rate is not reasonable if--
                  [(i) such rate (I) is authorized under 
                section 10707a of this title, and (II) results 
                in a revenue-variable cost percentage for the 
                transportation to which the rate applies that 
                is less than the lesser of the percentages 
                described in clauses (i) and (ii) of section 
                10707a(e)(2)(A) of this title; or
                  [(ii) such rate does not meet the description 
                set forth in clause (i) of this subparagraph, 
                but the Commission does not begin an 
                investigation proceeding under section 10707 of 
                this title to determine whether such rate is 
                reasonable; and
          [(B) the rail carrier establishing the challenged 
        rate shall have the burden of proving that such rate is 
        reasonable if--
                  [(i) such rate (I) is greater than that 
                authorized under section 10707a of this title, 
                or (II) results in a revenue-variable cost 
                percentage for the transportation to which the 
                rate applies that is equal to or greater than 
                the lesser of the percentages described in 
                clauses (i) and (ii) of section 10707a(e)(2)(A) 
                of this title; and
                  [(ii) the Commission begins an investigation 
                proceeding under section 10707 of this title to 
                determine whether such rate is reasonable.
  [(3) In determining whether a rate established by a rail 
carrier is reasonable for purposes of this section, the 
Commission shall recognize the policy of this subtitle that 
rail carriers shall earn adequate revenues, as established by 
the Commission under section 10704(a)(2) of this title.
  [(c)(1) A rate for transportation or other service provided 
by a rail carrier subject to the jurisdiction of the Commission 
under subchapter I of chapter 105 of this title may not be 
established below a reasonable minimum. Any rate for 
transportation by such a rail carrier that does not contribute 
to the going concern value of such carrier is presumed to be 
not reasonable. A rate that contributes to the going concern 
value of such carrier is conclusively presumed not to be below 
a reasonable minimum.
  [(2) A rate for transportation by a rail carrier that equals 
or exceeds the variable cost of providing the transportation is 
conclusively presumed to contribute to the going concern value 
of such rail carrier.
  [(3)(A) Upon the filing of a complaint alleging that a rate 
is in violation of this subsection, the Commission shall take 
final action thereon by the 90th day after the date such 
complaint is filed.
  [(B) If the Commission determines, based on the record after 
opportunity for a hearing, that a rate is in violation of this 
subsection, the Commission shall order such rate to be raised, 
but only to the minimum level required by this subsection. The 
complainant shall have the burden of proving that such rate is 
in violation of this subsection.
  [(4)(A) For purposes of this subsection, variable costs shall 
be determined under formulas or procedures prescribed or 
certified by the Commission.
  [(B) In the determination of variable costs for purposes of 
minimum rate regulation, the Commission shall, on application 
of the rail carrier proposing the rate, determine only the 
costs of such carrier and only those costs of the specific 
service in question unless the specific information is not 
available. The Commission may not include in such variable 
costs an expense that does not vary directly with the level of 
transportation provided under the proposed rate.

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

  [(a) A common carrier providing transportation or service 
subject to the jurisdiction of the Interstate Commerce 
Commission under chapter 105 of this title shall establish--
          [(1) rates, including divisions of joint rates, and 
        classifications for transportation and service it may 
        provide under this subtitle; and
          [(2) rules and practices on matters related to that 
        transportation or service, including rules and 
        practices on--
                  [(A) issuing tickets, receipts, bills of 
                lading, and manifests;
                  [(B) carrying of baggage;
                  [(C) the manner and method of presenting, 
                marking, packing, and delivering property for 
                transportation; and
                  [(D) facilities for transportation.
  [(b) A contract carrier, except a motor contract carrier of 
property, providing transportation subject to the jurisdiction 
of the Commission under chapter 105 of this title shall 
establish, and file with the Commission, actual and minimum 
rates for the transportation it may provide under this subtitle 
and rules and practices related to those rates. However, this 
subsection does not require a motor contract carrier to 
maintain the same rates and rules related to those rates for 
the same transportation provided to shippers served by it. The 
Commission may grant relief from this subsection when relief is 
consistent with the public interest and the transportation 
policy of section 10101 of this title. The Commission may begin 
a proceeding under this subsection on application of a contract 
carrier or group of contract carriers or on its own initiative 
for a water contract carrier or group of water contract 
carriers.
  [(c) Contracts of Carriage for Motor Contract Carriers.--
          [(1) General rule.--A motor contract carrier 
        providing transportation subject to the jurisdiction of 
        the Commission under subchapter II of chapter 105 of 
        this title shall enter into a written agreement, 
        separate from the bill of lading or receipt, for each 
        contract for the provision of transportation subject to 
        such jurisdiction which is entered into after the 90th 
        day following the date of the enactment of this 
        subsection.
          [(2) Minimum content requirements.--The written 
        agreement shall, at a minimum--
                  [(A) identify the parties thereto;
                  [(B) commit the shipper to tender and the 
                carrier to transport a series of shipments;
                  [(C) contain the contract rate or rates for 
                the transportation service to be or being 
                provided; and
                  [(D)(i) state that it provides for the 
                assignment of motor vehicles for a continuing 
                period of time for the exclusive use of the 
                shipper; or
                  [(ii) state that it provides that the service 
                is designed to meet the distinct needs of the 
                shipper.
          [(3) Retention by carrier.--All written agreements 
        entered into by a motor contract carrier under 
        paragraph (1) shall be retained by the carrier while in 
        effect and for a minimum period of 3 years thereafter 
        and shall be made available to the Commission upon 
        request.
          [(4) Random audits by commission.--The Commission 
        shall conduct periodic random audits to ensure that 
        motor contract carriers are complying with this 
        subsection and are adhering to the rates set forth in 
        their agreements.

[Sec. 10703. Authority for carriers to establish through routes

  [(a) A carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
chapter 105 of this title shall establish through routes as 
follows:
          [(1) Rail, express, sleeping car, and pipeline 
        carriers shall establish through routes with each other 
        and shall establish rates and classifications 
        applicable to those routes.
          [(2) Rail and water common carriers shall establish 
        through routes with each other and shall establish 
        rates and classifications applicable to those routes.
          [(3) A motor common carrier of passengers shall 
        establish through routes with other carriers of the 
        same type and shall establish individual and joint 
        rates applicable to them.
          [(4)(A) A motor common carrier of property may 
        establish through routes and joint rates and 
        classifications applicable to them with other carriers 
        of the same type, with rail and express carriers, and 
        with water common carriers, including those referred to 
        in subparagraph (D) of this paragraph.
          [(B) A motor common carrier of passengers may 
        establish through routes and joint rates applicable to 
        them with rail carriers or water common carriers, 
        including those referred to in subparagraph (D) of this 
        paragraph, or both.
          [(C) Water common carriers shall establish through 
        routes with each other and shall establish rates and 
        classifications applicable to those routes and may 
        establish--
                  [(i) through routes and rates and 
                classifications applicable to them with motor 
                common carriers; and
                  [(ii) through routes and joint rates and 
                classifications applicable to them with water 
                common carriers referred to in subparagraph 
                (D)(ii) of this paragraph.
          [(D) A through route or joint rate or classification 
        authorized to be established with a carrier referred to 
        in this subparagraph may be established with a water 
        common carrier providing transportation subject to--
                  [(i) the jurisdiction of the Commission under 
                subchapter III of chapter 105 of this title; or
                  [(ii) section 1 of the Shipping Act, 1916 (46 
                App. U.S.C. 801) or the Intercoastal Shipping 
                Act, 1933 (46 App. U.S.C. 843 et. seq.) 
                (including persons holding themselves out to 
                transport goods by water but not owning or 
                operating vessels) and providing transportation 
                of property between Alaska or Hawaii and the 
                other 48 States.
        A through route and a rate, classification, rule, or 
        practice related to a through route with a water common 
        carrier referred to in this subparagraph is subject to 
        the provisions of this subtitle governing the type of 
        carrier establishing the rate, classification, rule, or 
        practice.
          [(E) A household goods freight forwarder may enter 
        into contracts with a rail carrier or with a water 
        common carrier providing transportation subject to the 
        Shipping Act, 1916 (46 App. U.S.C. 801 et seq.) or the 
        Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et 
        seq.). Not later than 180 days after the date of 
        enactment of this subparagraph, the Commission shall 
        promulgate regulations implementing the provisions of 
        this subparagraph.
  [(b) A carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I or III of 
chapter 105 of this title that establishes a through route with 
another carrier under this section shall establish rules for 
its 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 Interstate Commerce 
                    Commission

  [(a)(1) When the Interstate Commerce Commission, after a full 
hearing, decides that a rate charged or collected by a carrier 
for transportation subject to the jurisdiction of the 
Commission under subchapter I, II (insofar as motor carriers of 
property are concerned), of chapter 105 of this title, or that 
a classification, rule, or practice of that carrier, does or 
will violate this subtitle, the Commission may prescribe the 
rate (including a maximum or minimum rate, or both), 
classification, rule, or practice to be followed. The 
Commission 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 Commission.
  [(2) The Commission shall maintain and revise as necessary 
standards and procedures for establishing revenue levels for 
rail carriers providing transportation subject to its 
jurisdiction under that subchapter 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 Commission shall make an 
adequate and continuing effort to assist those carriers in 
attaining revenue levels prescribed under this paragraph. 
However, a rate, classification, rule, or practice of a rail 
carrier may be maintained at a particular level to protect the 
traffic of another carrier or mode of transportation only if 
the Commission finds that the rate or classification, or rule 
or practice related to it, reduces or would reduce the going 
concern value of the carrier charging the rate. 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) The Commission shall conclude a proceeding under 
paragraph (2) of this subsection within 180 days after the 
effective date of the Staggers Rail Act of 1980 and thereafter 
as necessary.
  [(4) On the basis of the standards and procedures under 
paragraph (2) of this subsection, the Commission shall, within 
180 days after the effective date of the Staggers Rail Act of 
1980 and on an annual basis thereafter, determine which rail 
carriers are earning adequate revenues.
  [(b)(1) When the Commission decides that a rate charged or 
collected by--
          [(A) a motor common carrier for providing 
        transportation subject to its jurisdiction under 
        subchapter II of chapter 105 of this title by itself, 
        with another motor common carrier, with a rail, 
        express, or water common carrier, or any of them;
          [(B) a water common carrier for providing 
        transportation subject to its jurisdiction under 
        subchapter III of chapter 105 of this title; or
          [(C) a household goods freight forwarder for 
        providing service subject to its jurisdiction under 
        subchapter IV of chapter 105 of this title;
or that a classification, rule, or practice of that carrier, 
does or will violate this chapter, the Commission shall 
prescribe the rate (including a maximum or minimum rate, or 
both), classification, rule, or practice to be followed.
  [(2)(A) When prescribing a rate, classification, rule, or 
practice for transportation or service by common carriers other 
than by rail carrier, the Commission shall consider, among 
other factors, the effect of the prescribed rate, 
classification, rule, or practice on the movement of traffic by 
that carrier.
  [(B) When prescribing a rate, classification, rule, or 
practice for transportation or service by common carriers other 
than by rail carrier or motor carrier, the Commission shall 
consider, among other factors, the need for revenues that are 
sufficient, under honest, economical, and efficient management, 
to let the carrier provide that transportation or service.
  [(3) If the carrier is a motor or water common carrier or a 
household goods freight forwarder, the Commission shall also 
consider the need, in the public interest, of adequate and 
efficient transportation or service by that carrier at the 
lowest costs consistent with providing that transportation or 
service.
  [(4) If the carrier is a motor common carrier or a household 
goods freight forwarder, the Commission shall also consider the 
inherent advantages of transportation by motor common carrier 
or the inherent nature of household goods freight forwarding, 
respectively.
  [(c)(1) When the Commission finds that a minimum rate of a 
contract carrier for transportation subject to the jurisdiction 
of the Commission under subchapter II or III of chapter 105 of 
this title, or a rule or practice related to the rate or the 
value of the service under it, violates this chapter or the 
transportation policy of section 10101 of this title, the 
Commission may prescribe the minimum rate, rule, or practice 
for the carrier that is desirable in the public interest and 
will promote that policy. In prescribing the rate, the 
Commission may not give a motor or water contract carrier an 
advantage or preference in competition with a motor or water 
common carrier, respectively, if an advantage or preference is 
unreasonable or inconsistent with the public interest and the 
transportation policy of section 10101 of this title.
  [(2) When prescribing a minimum rate, or rule or practice 
related to a rate, for a contract carrier, the Commission shall 
consider--
          [(A) the cost of the transportation provided by the 
        carrier; and
          [(B) the effect of a prescribed minimum rate, or rule 
        or practice, on the movement of traffic by that 
        carrier.
  [(d) In a proceeding involving competition between carriers 
of different modes of transportation subject to this subtitle, 
except rail carriers, the Commission, in determining whether a 
rate is less than a reasonable minimum rate, shall consider the 
facts and circumstances involved in moving the traffic by the 
mode of carrier to which the rate is applicable. Subject to the 
transportation policy of section 10101 of this title, rates of 
a carrier may not be maintained at a particular level to 
protect the traffic of another mode of transportation.
  [(e) In a proceeding involving a proposed increase or 
decrease in rail carrier rates, the Commission shall 
specifically consider allegations that the increase or decrease 
would (1) change the rate relationships between commodities, 
ports, places, regions, areas, or other particular descriptions 
of traffic (without regard to previous Commission consideration 
or approval of those relationships), and (2) have a significant 
adverse effect on the competitive position of shippers or 
consignees served by the rail carrier proposing the increase or 
decrease. The Commission shall investigate to determine whether 
the change or effect violates this subtitle when it finds that 
those allegations are substantially supported on the record. 
The investigation may be made either before or after the 
proposed increase or decrease becomes effective and either in 
that proceeding or in another proceeding.
  [(f) The Commission may begin a proceeding under this section 
on its own initiative or on complaint. A complaint under 
subsection (a) of this section must be made under section 11701 
of this title, but the proceeding may also be in extension of a 
complaint pending before the Commission. A complaint under 
subsection (c) of this section must contain a full statement of 
the facts and the reasons for the complaint and must be made 
under oath.

[Sec. 10705. Authority: through routes, joint classifications, rates, 
                    and divisions prescribed by Interstate Commerce 
                    Commission

  [(a)(1) The Interstate Commerce Commission may, and shall 
when it considers it desirable in the public interest, 
prescribe through routes, joint classifications, joint rates 
(including maximum or minimum rates or both), the division of 
joint rates, and the conditions under which those routes must 
be operated, for a common carrier providing transportation 
subject to the jurisdiction of the Commission under subchapter 
I, II (except a motor common carrier of property), or III of 
chapter 105 of this title. When one of the carriers on a 
through route is a water carrier, the Commission shall 
prescribe a differential between an all-rail rate and a joint 
rate related to the water carrier if the differential is 
justified.
  [(2) The Commission 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 10741-10744 or 11103 of 
        this title;
          [(B) one of the carriers is a water carrier;
          [(C) inclusion of those lines would make the through 
        route unreasonably long when compared with a 
        practicable alternative through route that could be 
        established; or
          [(D) the Commission decides that the proposed through 
        route is needed to provide adequate, and more efficient 
        or economic, transportation.
The Commission shall give reasonable preference, subject to 
this subsection, to the rail carrier originating the traffic 
when prescribing through routes.
  [(3) The Commission may not prescribe--
          [(A) a through route, classification, practice, or 
        rate between a street electric passenger railway not 
        engaged in the general business of transporting freight 
        in addition to its passenger and express business and 
        (i) a rail carrier of a different character, or (ii) a 
        water common carrier; or
          [(B) a through route or joint rate applicable to it 
        to assist a participating carrier to meet its financial 
        needs.
  [(b)(1) The Interstate Commerce Commission may, and shall 
when it considers it desirable in the public interest, 
prescribe through routes, joint classifications, joint rates 
(including maximum or minimum rates or both), the division of 
joint rates, and the conditions under which those routes must 
be operated, for a motor common carrier of property providing 
transportation subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title with another 
such carrier or with a water common carrier of property.
  [(2) The Commission may not require a motor common carrier of 
property, without its consent, to include in a through route 
substantially less than the entire length of its route and the 
route of any intermediate carrier which is operated in 
conjunction and under common management or control with such 
motor common carrier of property which lies between the termini 
of such proposed through routes (A) unless inclusion of such 
routes would make the through route unreasonably circuitous as 
compared with another practicable through route which could 
otherwise be established, or (B) unless the Commission finds 
that the through route proposed to be established is needed in 
order to provide adequate, more efficient, or more economic 
transportation. In prescribing through routes the Commission 
shall, so far as is consistent with the public interest, and 
subject to the preceding sentence, give reasonable preference 
to the carrier which originates the traffic.
  [(c) The Commission shall prescribe the division of joint 
rates to be received by a carrier providing transportation 
subject to its jurisdiction under chapter 105 of this title 
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 Commission under subsection (a) or 
(b) of this section, does or will violate section 10701 of this 
title. When prescribing the division of joint rates of a rail 
carrier, water carrier, or motor common carrier of property 
under this subsection, the Commission shall consider--
          [(1) the efficiency with which the carriers concerned 
        are operated;
          [(2) the amount of revenue required by the carriers 
        to pay their operating expenses and taxes and receive a 
        fair return on the property held and used for 
        transportation;
          [(3) the importance of the transportation to the 
        public;
          [(4) whether a particular participating carrier is an 
        originating, intermediate, or delivering line; and
          [(5) other circumstances that ordinarily, without 
        regard to the mileage traveled, entitle one carrier to 
        a different proportion of a rate than another carrier.
  [(d) If a division of a joint rate prescribed under a 
decision of the Commission is later found to violate section 
10701 of this title, the Commission 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 
Commission decides is justified. The Commission may make a 
decision under this paragraph effective as part of its original 
decision.
  [(e) When the Commission suspends, for investigation, a rail 
or water common carrier tariff that would cancel a through 
route, joint rate, or classification without the consent of all 
carriers that are parties to it or without authorization of the 
Commission, the carrier proposing the cancellation has the 
burden of proving that cancellation is consistent with the 
public interest without regard to subsection (a)(2) of this 
section. In determining whether a cancellation involving a rail 
carrier is consistent with the public interest, the Commission 
shall, to the extent applicable--
          [(1) compare the distance traveled and the average 
        transportation time and expense required using (A) the 
        through route, and (B) alternative routes, between the 
        places served by the through route;
          [(2) consider any reduction in energy consumption 
        that may result from cancellation; and
          [(3) consider the overall impact of cancellation on 
        the shippers and carriers that are affected by it.
  [(f)(1) The Commission may begin a proceeding under 
subsection (a) or (b) of this section on its own initiative or 
on complaint. The Commission must complete all evidentiary 
proceedings to adjust the division of joint rates for 
transportation by a rail carrier within 9 months after the 
complaint is filed if the proceeding is brought on complaint or 
within 18 months after the commencement of a proceeding on the 
initiative of the Commission. The Commission must take final 
action by the 180th day after completion of the evidentiary 
proceedings, except that--
          [(A) when the proceeding involves a railroad in 
        reorganization or a contention that the divisions at 
        issue do not cover the variable costs of handling the 
        traffic, the Commission shall give the proceedings 
        preference over all other proceedings and shall take 
        final action at the earliest practicable time, which in 
        no event may exceed 100 days after the completion of 
        the evidentiary proceedings; and
          [(B) in all cases other than those specified in 
        subparagraph (A) of this subparagraph, the Commission 
        may decide to extend such a proceeding to permit its 
        fair and expeditious completion, but whenever the 
        Commission decides to extend a proceeding pursuant to 
        this clause, it must report its reasons to Congress.
  [(2) When a carrier begins a proceeding to adjust the 
division of joint rates for transportation by a rail carrier 
under this section by filing a complaint with the Commission, 
the carrier must also file all of the evidence in support of 
its position with the complaint and, during the course of the 
proceeding may only file rebuttal or reply evidence unless 
otherwise ordered by the Commission.
  [(3) When the Commission receives a notice of intent to begin 
a proceeding to adjust the division of joint rates for 
transportation by a rail carrier under this section, the 
Commission shall allow the party filing the notice the same 
right to discovery that a party would have on filing a 
complaint under this section.
  [(g) When there is a shortage of equipment, congestion of 
traffic, or other emergency declared by the Commission, it may 
prescribe temporary through routes that are desirable in the 
public interest on its own initiative or on application without 
regard to subsection (f) of this section, subchapter II of 
chapter 103 of this title, and subchapter II of chapter 5 of 
title 5.
  [(h) Any motor common carrier of property who is a party to a 
through route and joint rate, whether established by such 
carrier under section 10703 of this title or prescribed by the 
Commission under subsection (b) of this section, shall promptly 
pay divisions or make interline settlements, as the case may 
be, with other carriers which are parties to such through route 
and joint rate. In the event of undue delinquency in the 
settlement of such divisions or interline settlements, such 
through routes and joint rates may be suspended or canceled 
under rules prescribed by the Commission.

[Sec. 10705a. Joint rate surcharges and cancellations

  [(a)(1)(A) Except as provided in subparagraph (B) of this 
paragraph, a rail carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title may publish and apply 
a surcharge increasing or decreasing the through charge 
applicable to any movement between points designated by the 
surcharging carrier subject to a joint rate. Such a surcharge 
may be applied without the concurrence of the other carriers 
that are party in such joint rate.
  [(B) A carrier earning adequate revenues, as determined under 
section 10704(a)(2) of this title, may not apply such a 
surcharge to any movement on a line operated by such carrier 
which carried more than 3,000,000 gross ton miles of traffic 
per mile in the preceding calendar year.
  [(C) Any surcharge applied pursuant to this subsection must 
be applied in equal dollar amounts to the movement subject to 
the surcharge over all routes between the points designated by 
the surcharging carrier which such carrier participates in 
under the joint rate involved, and when the surcharge increases 
the through charges, under any of such carriers single line 
rates between the same points.
  [(2)(A) Whenever a rail carrier applies a surcharge 
increasing a through charge pursuant to paragraph (1) of this 
subsection, any other rail carrier that participates in any 
movement subject to such surcharge may cancel the application 
of such surcharge to any route participated in by such other 
carrier, if such carrier makes the demonstration described in 
subparagraph (B) of this paragraph.
  [(B) A rail carrier may cancel the application of a surcharge 
under this paragraph if such carrier demonstrates to the 
Commission that the surcharging carrier's share of the 
revenues, at the time the surcharge was filed with the 
Commission, from its participation in the movement over the 
route involved would have been equal to or greater than 110 
percent of its variable cost of providing service over such 
route, under either--
          [(i) the applicable joint rate in effect at the time 
        the surcharge was filed with the Commission, without 
        the surcharge;
          [(ii) a new rate division increasing the share of the 
        surcharging carrier;
          [(iii) a new higher lawful rate published by the 
        canceling carrier; or
          [(iv) a new, lesser surcharge which shall be 
        prescribed by the Commission upon and in conformity 
        with the request of the carrier proposing to cancel the 
        surcharge. Any such prescribed surcharge shall in 
        conjunction with the surcharging carrier's division of 
        the joint rate in effect on the date the original 
        surcharge was filed with the Commission, provide the 
        carrier proposing the original surcharge revenues equal 
        to or greater than 110 percent of such surcharging 
        carrier's variable cost of providing service over such 
        route.
  [(C)(i) The canceling tariff shall only become effective if 
the rail carrier proposing to cancel the application of the 
surcharge makes the demonstration described in subparagraph (B) 
of this paragraph.
  [(ii) If the demonstration described in clause (i) of this 
subparagraph is made on the basis of the applicable joint rate 
in effect at the time the surcharge was filed with the 
Commission, without the surcharge, the tariff shall become 
effective on one day's notice after such determination is made.
  [(iii) If the demonstration described in clause (i) of this 
subparagraph is made on the basis of a new rate, division, or 
surcharge prescribed pursuant to subpargraph (B)(iv) of this 
paragraph, the tariff shall become effective on the date such 
new rate, division, or surcharge becomes effective.
  [(D) The remedy available to a rail carrier canceling the 
application of a surcharge under this paragraph shall be in 
addition to any other remedy available to such carrier under 
this chapter.
  [(3)(A) The Commission may cancel the application of a 
surcharge to a route to which such surcharge applies if a 
shipper moving traffic over such route demonstrates to the 
Commission that--
          [(i) there is no competitive alternative to such 
        route for the movement of the traffic involved that is 
        not subject to such surcharge; and
          [(ii) the surcharging carrier's share of the revenues 
        from its participation in the movement over the route 
        to which such surcharge applies, under the applicable 
        joint rate in effect at the time the surcharge was 
        filed with the Commission, with the surcharge, would be 
        greater than 110 percent of its variable cost of 
        providing service over such route.
  [(B) If the Commission cancels the application of a surcharge 
to a particular route pursuant to subparagraph (A) of this 
paragraph, the Commission shall determine the level of 
surcharge which, in conjunction with the surcharging carrier's 
division of the joint rate in effect at the time the surcharge 
was filed with the Commission, would equal 110 percent of the 
surcharging carrier's variable cost of providing service over 
such route, and shall authorize such carrier immediately to 
apply such a surcharge without any further proceedings under 
this subsection.
  [(4) A rail carrier may not apply a surcharge under this 
subsection unless, for the one-year period preceding the 
surcharge, such carrier has concurred in all rate increases of 
general applicability applicable to the joint rate to which 
such surcharge applies and agreed to by all other carriers that 
are party to such joint rate.
  [(5) A rail carrier may not apply a surcharge under this 
subsection increasing a through charge applicable to a 
particular movement more than once each calendar year.
  [(6) Notwithstanding any other provision of this subsection, 
a rail carrier may, by tariff, reduce the total charges 
applicable to a movement over any specific joint line or single 
line route or routes in which such carrier participates, if 
such reduction does not lower the total charges applicable to 
such movement to a level that is less than the lowest total 
charges applicable to the same movement over a competing route. 
Any such reduction may be made without the concurrence of any 
other rail carrier, and shall be borne solely by the carrier 
reducing the charge. Nothing in this paragraph shall be 
construed to limit the right of a carrier to reduce rates over 
routes not in direct competition between the same points with 
routes to which it has applied a surcharge.
  [(b)(1) Notwithstanding subsection (a) of this section--
          [(A) a rail carrier not earning adequate revenues, as 
        determined under section 10704(a)(2) of this title, may 
        publish and apply a surcharge applicable to traffic 
        originating or terminating upon any of its lines that 
        carried less than 3,000,000 gross ton miles of traffic 
        per mile in the most recent calendar year for which 
        traffic data is available; and
          [(B) a rail carrier earning adequate revenues, as so 
        determined, may publish and apply a surcharge 
        applicable to traffic originating or terminating upon 
        any of its lines that carried less than 1,000,000 gross 
        ton miles of traffic per mile in such most recent 
        calendar year.
Such a surcharge may be applied without the concurrence of any 
rail carrier. Any such surcharge may be allocated, subject to 
the provisions of paragraph (4) of this subsection, in 
different amounts among different movements between different 
origins and destinations, and shall accrue solely to the 
surcharging carrier.
  [(2) A rail carrier may apply a surcharge under this 
subsection if, prior to the application of such surcharge, that 
portion of the charges applicable to traffic to and from the 
line to which the surcharge applies and accruing to the 
surcharging carrier does not provide such carrier revenues 
adequate to cover--
          [(A) 110 percent of such carrier's variable cost of 
        transporting the traffic involved to or from such line; 
        plus
          [(B) 100 percent of such carrier's reasonably 
        expected costs of continuing to operate such line, 
        which shall include all costs necessary to sustain 
        service on the line.
The Commission shall, within 120 days after the effective date 
of the Staggers Rail Act of 1980, complete a proceeding to 
define the term ``reasonably expected costs'' as used in 
subparagraph (B) of this paragraph. In the interim, the term 
shall be construed in accordance with Rail Services Planning 
Office subsidy standards.
  [(3)(A) Upon petition of a shipper located upon a line to 
which a surcharge under this subsection is applied, the 
Commission may cancel the application of a surcharge under this 
subsection if such shipper demonstrates to the Commission that, 
after application of the surcharge, the surcharging carrier's 
revenues from all traffic originating or terminating upon the 
line to which the surcharge applies exceed 110 percent of such 
carrier's variable cost of transporting all traffic to or from 
such line plus such carrier's reasonably expected costs of 
continuing to operate such line.
  [(B)(i) A rail carrier's revenue from all traffic originating 
or terminating upon a line shall be presumed to exceed 110 
percent of its variable cost of transporting all traffic to or 
from such line plus its reasonably expected costs of continuing 
to operate such line if the complaining shipper demonstrates 
that the carrier is earning revenues from all traffic 
originating or terminating upon such line that result in a 
revenue-variable cost percentage that is equal to or greater 
than the revenue-variable cost percentage applicable in that 
year under section 10709(d) of this title.
  [(ii) A surcharging carrier may rebut the presumption set 
forth in clause (i) of this subparagraph by demonstrating to 
the Commission that its reasonably expected costs for operating 
the line to which the surcharge applies exceed the percentage 
of variable cost set forth in such clause (i).
  [(C) Upon a finding by the Commission that application of the 
surcharge will produce revenues in excess of 110 percent of the 
surcharging carrier's variable cost of transporting traffic to 
or from the line plus its reasonably expected costs of 
operating the line, the Commission shall determine the level of 
surcharge which would produce revenues equal to such figure and 
shall authorize such carrier immediately to apply such 
surcharges as will generate such revenues without any further 
proceedings, subject only to the right of a shipper to proceed 
under paragraph (4) of this subsection.
  [(4)(A) A rail carrier may not apply a surcharge under this 
subsection that results in any shipper being required to bear 
more than a reasonable proportion of the reasonably expected 
costs of continuing to operate the line to which such surcharge 
applies.
  [(B) Upon complaint of a shipper, the Commission shall 
determine whether the shipper is being required to bear more 
than a reasonable proportion of the costs described in 
subparagraph (A) of this paragraph.
  [(C) If the Commission finds that a complaining shipper is 
being required to bear more than a reasonable proportion of the 
costs described in subparagraph (A) of this paragraph, the 
Commission may reallocate the surcharge among the traffic 
originating or terminating on the line to which the surcharge 
applies, but may not order relief which would result in the 
surcharging carrier earning revenues less than those which the 
carrier would have earned had the surcharge been applied as 
filed.
  [(5) A shipper may, in a single complaint, seek relief under 
paragraphs (3) and (4) of this subsection. In any such 
complaint, the Commission shall first determine the right to 
relief under paragraph (3) and shall grant such relief as is 
appropriate under such paragraph.
  [(6) In any proceeding brought before the Commission 
challenging the application or amount of a surcharge under this 
subsection, whether the surcharge is claimed to violate this 
subsection or some other provision of this chapter, the 
Commission shall not suspend the application of any such 
surcharge unless the person filing the verified statement 
required by section 10707(c) of this title, in addition to the 
matters required by such section, also makes the demonstration 
required by paragraph (3)(A) of this subsection. If the 
demonstration required by such paragraph (3)(A) is made, the 
Commission may suspend the application of only so much of the 
surcharge as will produce revenues in excess of the amount so 
demonstrated.
  [(c)(1) Notwithstanding any other provision of this title, 
any prior agreement in effect on the effective date of the 
Staggers Rail Act of 1980, or any requirement of the 
Commission, a rail carrier may cancel the application of a 
joint rate to a through route in which it participates, without 
the concurrence of any other rail carrier that is a party to 
such joint rate, unless another rail carrier that participates 
in such through route or a shipper that has no competitive 
alternative to such route makes the demonstration described in 
paragraph (2) of this subsection.
  [(2) The application of a joint rate to a through route may 
not be canceled under this subsection if a rail carrier that 
participates in such through route or a shipper that has no 
competition alternative to such route from an origin or 
destination served by such route demonstrates to the Commission 
that the canceling carrier's share of the revenues, under the 
joint rate in effect at the time the application of the joint 
rate is canceled, is equal to or greater than--
          [(A) 110 percent of the canceling carrier's variable 
        cost of providing service over such route; or
          [(B) such lesser percent of the canceling carrier's 
        variable cost as such carrier earns over a competing 
        through route to which application of the joint rate 
        has not been canceled, or over a competing single line 
        route.
  [(3) When a complaining party is unable to make the 
demonstration required by paragraph (2) of this subsection, the 
Commission may suspend the tariff canceling the joint rate only 
if--
          [(A) a complaining carrier publishes a new rate 
        division or a new higher lawful rate which increases 
        the canceling carrier's share of the revenues over such 
        route to the amount calculated under paragraph (2)(A) 
        or (2)(B) of this subsection, whichever is less; or
          [(B) a complaining carrier or shipper petitions the 
        Commission and the Commission imposes a surcharge, in 
        conformity with such petition, upon the joint rate 
        which will accrue solely to the canceling carrier and 
        which, in conjunction with the canceling carrier's 
        division of the joint rate in effect on the date the 
        tariff canceling the joint rate was filed, will provide 
        the canceling carrier revenues equal to or greater than 
        110 percent of its variable cost of providing service 
        over such route.
Unless a new rate, division, or surcharge described in this 
paragraph becomes effective within 120 days after the proposed 
effective date of the rate cancellation, the canceling tariff 
shall, nevertheless, become effective.
  [(4) If the demonstration described in paragraph (2) is made 
or a new rate, division, or surcharge described in paragraph 
(3) becomes effective, the tariff canceling the joint rate 
shall be considered by the Commission in accordance with 
section 10705 of this title. The existing joint rate or the new 
rate, division, or surcharge, shall remain in effect during the 
pendency of the Commission's consideration.
  [(5) Whenever the application of a joint rate to a through 
route is canceled under this subsection and a rate other than a 
joint rate is or has been published by the canceling carrier to 
apply to such route, such rate shall thereafter apply in lieu 
of all other rates (except joint rates subsequently agreed to 
by such carrier) and any through rate of which such rate is a 
factor shall divide as the separate factors of such rate are 
made.
  [(6) Nothing in this subsection shall be construed to limit 
the authority of the Commission under section 10705(a) of this 
title to prescribe joint rates which provide a rail carrier 
participating in such joint rate revenues equal to or greater 
than 110 percent of its variable cost of providing service over 
each route to which such rate applies.
  [(d)(1) Except as provided in paragraph (2) of this 
subsection, any increase or decrease in revenue resulting from 
the application of a surcharge under subsection (a) of this 
section, or from the cancellation of the application of a joint 
rate under subsection (c) of this section, shall accrue solely 
to or be borne solely by the carrier applying the surcharge or 
canceling the application of the joint rate, as the case may 
be.
  [(2) Whenever a class III rail carrier which participates in 
a through route to which a surcharge has been applied under 
subsection (a) of this section by a carrier operating in the 
same rate territory as such class III carrier demonstrates to 
the Commission that the application of such surcharge to such 
route provides, in the absence of any increase in the joint 
rate in effect on the date the surcharge was filed with the 
Commission, revenues from traffic moving over such route to 
such surcharging carrier in excess of 110 percent of its 
variable costs over such route, such surcharging carrier shall, 
from the date of such demonstration, share those revenues from 
such route, from the surcharge and the applicable joint rate in 
effect on the date the surcharge was filed with the Commission, 
in excess of 110 percent of its variable costs with all class 
III rail carriers in the same rate territory participating in 
such route, on the basis of their existing divisions of the 
joint rate to which the surcharge applies.
  [(e)(1) Except as provided in paragraph (2) of this 
subsection, whenever a rail carrier proposes to apply a 
surcharge under subsection (a) of this section or to cancel the 
application of a joint rate under subsection (c) of this 
section and other rail carrier subsequently agrees to a new 
rate division or a new lawful rate that increases the 
surcharging or canceling carrier's share of the total through 
charges for a movement over a particular through route subject 
to a joint rate, such other rail carrier shall also agree to 
any other new rate division and new lawful rate--
          [(A) that is proposed within 120 days after the date 
        of the first agreement; and
          [(B) that increases the surcharging or canceling 
        carrier's share of the total through charges for 
        movements over a competing through route subject to 
        such joint rate.
  [(2) A rail carrier shall not be required to agree under this 
subsection to any proposed new division or new rate which 
would--
          [(A) reduce such carrier's share of the total through 
        charges for a movement over any through route to less 
        than (i) 110 percent of its variable costs of providing 
        service over such route, or (ii) such lesser percent of 
        its variable costs as such carrier earns from such 
        movement over a competing through route with respect to 
        which such carrier has agreed to a new division or 
        rate;
          [(B) increase the surcharging or canceling carrier's 
        share of the total through charges for a movement over 
        any through route to an amount in excess of 110 percent 
        of its variable costs of providing service over such 
        route;
          [(C) reduce such carrier's share of the total through 
        charges for a movement over any through route by a 
        dollar amount in excess of the greatest dollar 
        reduction which such carrier has agreed to make, for 
        purposes of increasing the surcharging or canceling 
        carrier's share, to its share of the total through 
        charges for a movement over any competing through 
        route; or
          [(D) reduce such carrier's share of the total through 
        charges for a movement over any through route in an 
        amount in excess of such carrier's pro rata share 
        (based on established divisions for movements over such 
        route) of the increase of the surcharging or canceling 
        carrier's share of the total through charges for 
        movements over such route.
  [(f) A rail carrier applying a surcharge or canceling the 
application of a joint rate under this section shall file a 
tariff with the Commission in accordance with section 10762 of 
this title. Such a tariff may not become effective until the 
expiration of the 45-day period (or such longer period as the 
filing carrier specifies) beginning on the date such tariff is 
filed.
  [(g)(1) Any rail rate to which a surcharge is applied under 
this section shall be subject to section 10701a and 10709 of 
this title, and any such surcharge shall constitute a rate 
increase for purposes of such sections.
  [(2) For purposes of rate regulation under section 10701a of 
this title--
          [(A) only the rail carrier proposing a surcharge 
        under this section shall be required to defend such 
        surcharge; and
          [(B) the reasonableness of the surcharge and the 
        revenues received by the rail carrier proposing the 
        surcharge under the joint rate to which the surcharge 
        applies shall be determined without regard to amount 
        received and services performed by other rail carriers 
        that are party to such joint rate.
  [(3) Except as provided in subsection (i), (j), or (k) of 
this section, if the application of a surcharge or the 
cancellation of the application of a joint rate under this 
section is found to constitute a violation of any provision of 
this subtitle, such violation shall not be ordered remedied in 
any manner which--
          [(A) requires the carrier applying a surcharge under 
        subsection (a) of this section or canceling the 
        application of a joint rate under subsection (c) of 
        this section to provide service over any route under a 
        rate that provides revenues to such carrier that are 
        less than 110 percent of its variable costs of 
        providing such service; or
          [(B) which requires the carrier applying a surcharge 
        under subsection (b) of this section to provide service 
        over the route to which such surcharge applies in a 
        manner that provides revenues to such carrier that are 
        less than 110 percent of such carrier's variable cost 
        of transporting the traffic involved to or from the 
        line to which the surcharge applies, plus such 
        carrier's reasonably expected costs of providing 
        service over such line.
  [(h) Within 5 days after the request of a rail carrier 
participating in a joint rate subject to a surcharge or 
cancellation under this section, a shipper moving traffic over 
a route to which such surcharge or cancellation applies, or an 
affected port, the Commission shall make available to such 
carrier, shipper, or port the Commission's determination of the 
variable costs and revenues, over the route or routes to which 
the surcharge or cancellation applies, of the carrier applying 
the surcharge or canceling the application of the joint rate.
  [(i)(1) Whenever a class III rail carrier, in a protest filed 
with the Commission, makes a prima facie showing that the 
application of a surcharge under subsection (a) of this section 
or the cancellation of the application of a joint rate under 
subsection (c) of this section will have an adverse effect on 
competition, the Commission shall investigate such protest. If, 
on the basis of such investigation, the Commission finds that 
the protested surcharge or cancellation is or is intended to be 
anticompetitive, the Commission shall, within 30 days after the 
date such protest is filed, enter an order rescinding such 
surcharge or cancellation, and may, on presentation of an 
adequate record, prescribe new joint rates or divisions of 
joint rates.
  [(2) No order prescribed under this subsection shall require 
a carrier to provide service over any route under a rate which 
provides revenues less than 110 percent of the variable cost of 
providing such service unless the Commission determines that 
the public interest requires a lesser revenue to variable cost 
ratio to avoid anticompetitive action and to preserve service 
on the route involved.
  [(j)(1) Any class III rail carrier which originates or 
terminates traffic subject to the application of a surcharge 
under subsection (a) of this section or the cancellation of the 
application of a joint rate under subsection (c) of this 
section may protest such surcharge or cancellation whenever--
          [(A) such surcharge or cancellation affects the sole 
        remaining route available to that carrier for that 
        traffic; and
          [(B)(i) such carrier demonstrates that alternative 
        transportation is available or that a shipper dependent 
        on that carrier will suffer significant market loss 
        because of such surcharge or cancellation; or
          [(ii) such surcharge or cancellation, alone or when 
        considered in conjunction with other surcharges or 
        cancellations affecting the carrier, is likely to 
        unduly impair a carrier's ability to earn an adequate 
        rate of return.
  [(2)(A) The Commission may, after an investigation on the 
basis of a protest under this subsection, prescribe a lesser 
surcharge or a different division of the joint rate. The 
Commission shall grant the surcharging or canceling carrier 
revenues not less than 110 percent of its variable cost of the 
movement involved, unless it determines that the public 
interest requires a lesser revenue to available cost ratio to 
preserve service on the route involved. Any action by the 
Commission based on a protest under this subsection shall be 
taken within 30 days after the date such protest is filed.
  [(B) If the Commission prescribes a different division of a 
joint rate under this paragraph, the Commission shall, upon 
petition of the surcharging or canceling carrier or the 
protesting class III rail carrier, reopen the proceeding in 
which such division was prescribed to reconsider whether such 
prescribed division is reasonable. If, on the basis of such 
reconsideration, the Commission determines that such division 
is not reasonable, it shall prescribe a new, reasonable 
division of the joint rate to which the surcharge or 
cancellation applied.
  [(k)(1) Upon the complaint of a class III rail carrier which 
originates or terminates traffic subject to the application of 
a surcharge under subsection (a) of this section or the 
cancellation of the application of a joint rate under 
subsection (c) of this section that such surcharge or 
cancellation will result in differences or greater differences 
in rates, including any surcharges, for the traffic to which 
the surcharge or cancellation applies over different routes in 
which the surcharging or canceling carrier participates--
          [(A) from a single origin point to destination points 
        within a 75 mile direct radius from the destination 
        point on such class III rail carrier; or
          [(B) to a single destination point from origin points 
        within a 75 mile direct radius from the origin point on 
        such class III rail carrier,
the Commission shall investigate such complaint and shall, 
within 30 days after the date such complaint is filed, take 
such actions, including rescinding surcharges or cancellations 
or prescribing new joint rates or surcharges, as it determines 
are required to eliminate such differences in rates, unless it 
finds that such actions are not warranted by the public 
interest in ensuring effective competition among rail carriers 
or in the preservation of rail service on the route involved.
  [(2) No action taken by the Commission under this subsection 
shall require a carrier to provide service over any route under 
a rate which provides a revenue to variable cost ratio over 
such route less than that provided under the joint rate to 
which the surcharge or cancellation was applied or less than 
110 percent, whichever is greater, unless the Commission 
determines that the public interest in ensuring effective 
competition among rail carriers or in preserving service over 
such route warrants requiring the surcharging or canceling 
carrier to provide service at a lesser revenue to variable cost 
ratio.
  [(3) Notwithstanding subsection (m)(1) of this section, if in 
a proceeding under this subsection or under subsection (i) or 
(j) of this section, the Commission considers whether to 
require the revenues of a carrier applying a surcharge under 
subsection (a) of this section or canceling the application of 
a joint rate under subsection (c) of this section to be less 
than 110 percent of its variable costs (as calculated using the 
Commission's Rail Form A cost finding methodology), such 
surcharging or canceling carrier may prove its actual variable 
costs on the basis of evidence other than unadjusted costs 
calculated using such Rail Form A cost finding methodology. 
Such evidence shall be prepared in accordance with generally 
accepted accounting principles.
  [(l) Whenever the application of a joint rate to a through 
route is canceled under subsection (c) of this section, the 
Commission shall, upon petition by a class II or III rail 
carrier participating in such route, prescribe a new 
compensatory through rate or rates over such route within 30 
days after the date such petition is filed.
  [(m) For purposes of this section--
          [(1) variable costs for a class I rail carrier shall 
        be determined only by using such carrier's unadjusted 
        costs, calculated using the Commission's Rail Form A 
        cost finding methodology (or an alternative methodology 
        adopted by the Commission in lieu thereof) and indexed 
        quarterly to account for current wage and price levels 
        in the region in which the carrier operates;
          [(2) variable costs for a rail carrier other than 
        class I shall be presumed to be the average variable 
        costs of all class I rail carriers in the region in 
        which such carrier operates (as determined under 
        paragraph (1) of this subsection) unless a rail carrier 
        rebuts such presumption with other proof of variable 
        costs; and
          [(3) at the option of a carrier applying a surcharge 
        or canceling the application of a joint rate under this 
        section, revenue share may be determined by reference 
        to past revenue settlements actually made in the most 
        recent calendar year by connecting lines.
  [(n) Surcharges applied under subsection (a) or (c) of this 
section and cancellations under subsection (c) of this section 
shall not be subject to the provisions of section 
10726(a)(1)(B) of this title.
  [(o) The Special Counsel of the Commission may, consistent 
with the rail transportation policy in section 10101a of this 
title, provide assistance to class III rail carriers and small 
businesses in preparing actions under this section.
  [(p)(1) The authority to apply a surcharge under subsection 
(a) of this section, and (except as provided in paragraph (2)) 
the authority to cancel such a surcharge, shall expire 3 years 
after the effective date of the Staggers Rail Act of 1980 
unless extended for one additional year by the Commission upon 
petition of any rail carrier and for good cause shown.
  [(2) Any surcharge lawfully applied under subsection (a) of 
this section shall remain in effect in accordance with its 
terms following the expiration of the provisions of this 
section. Any such surcharge applied during the 45-day period 
immediately preceding the date of the expiration of the 
provisions of this section shall, notwithstanding such 
expiration, be subject to cancellation under subsection (a)(2) 
or (a)(3) of this section during the 45-day period beginning on 
the date such surcharge is applied.

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

  [(a)(1) In this subsection--
          [(A) ``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) ``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.
          [(C) ``Practicably participates in the movement'' 
        shall have such meaning as the Commission shall by 
        regulation prescribe.
  [(2)(A) A rail carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title that is a party to an 
agreement of at least 2 rail carriers or an agreement with a 
class of carriers referred to in subsection (d)(1) (B)-(E) of 
this section, 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 Commission for approval of that agreement under this 
subsection. The Commission shall approve the agreement only 
when it finds that the making and carrying out of the agreement 
will further the transportation policy of section 10101a 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 Commission approves the agreement, it may be 
made and carried out under its terms and under the conditions 
required by the Commission, 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, as amended (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 Commission 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 Commission may approve an agreement under 
subparagraph (A) of this paragraph only when the carriers 
applying for approval file a verified statement with the 
Commission. 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 tariff 
        changes only, if the Commission 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 that 
        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. This 
        clause shall take effect on January 1, 1984, or on such 
        earlier date as the Commission determines. If the 
        Commission 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) Until January 1, 1984, subparagraph (A)(ii) and (A)(iii) 
of this paragraph do not apply to--
          [(i) general rate increases to cover inflationary 
        cost increases, or general rate decreases, for joint 
        rates if the agreement gives shippers, under specified 
        procedures, at least 15 days notice of the proposal and 
        an opportunity to present comments on it before a 
        tariff containing the increases or decreases is filed 
        with the Commission; or
          [(ii) broad tariff changes that are of at least 
        substantially general application throughout the area 
        where the changes will apply, except single line rates 
        where subparagraph (A)(i) of this paragraph prohibits 
        the participation of carriers with single line rates.
If the Commission finds at any time that the implementation of 
this subparagraph is not feasible, it may delay or suspend such 
implementation in whole or in part.
  [(C)(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 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 carrier and one or more other 
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 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 clause (I) or (II) are satisfied 
before allowing the introduction of any such evidence.
  [(D) 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 Commission 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 Commission 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, as amended (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 Commission 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 Commission 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 
Commission under subchapter I of chapter 105 of this title, for 
use by such rail carriers of rolling stock owned or leased by 
such shippers, the shippers shall apply to the Commission for 
approval of that agreement under this paragraph. The Commission 
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 10101a of this title 
and may require compliance with conditions necessary to make 
the agreement further that policy as a condition of approval. 
If the Commission approves the agreement, it may be made and 
carried out under its terms and under the terms required by the 
Commission, 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 
Commission 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 Commission 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 Commission. The 
Commission 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 Commission.
  [(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)(1) In this subsection, ``single-line rate'' refers to a 
rate, charge, or allowance proposed by a single motor common 
carrier that is applicable only over its line and for which the 
transportation can be provided by that carrier.
  [(2) As provided by this subsection, a motor common carrier 
providing transportation or service subject to the jurisdiction 
of the Commission under subchapter II of chapter 105 of this 
title may enter into an agreement with one or more such 
carriers concerning rates (including charges between carriers 
and compensation paid or received for the use of facilities and 
equipment), allowances, classifications, divisions, or rules 
related to them, or procedures for joint consideration, 
initiation, or establishment of them. Such agreement may be 
submitted to the Commission for approval by any carrier or 
carriers which are parties to such agreement and shall be 
approved by the Commission upon a finding that the agreement 
fulfills each requirement of this subsection, unless the 
Commission finds that such agreement is inconsistent with the 
transportation policy set forth in section 10101(a) of this 
title. The Commission may require compliance with reasonable 
conditions consistent with this subtitle to assure that the 
agreement furthers such transportation policy. If the 
Commission approves the agreement, it may be made and carried 
out under its terms and under the conditions required by the 
Commission, 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.
  [(3) Agreements submitted to the Commission under this 
subsection may be approved by the Commission only if each of 
the following conditions are met:
          [(A) Each carrier which is a party to an agreement 
        must file with the Commission a verified statement that 
        specifies its name, mailing address, and telephone 
        number of its main office; the names of each of its 
        affiliates; the names, addresses, and affiliates of 
        each of its officers and directors; the names, 
        addresses, and affiliates 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. In this subparagraph, ``affiliate'' means a 
        person controlling, controlled by, or under common 
        control or ownership with another person and 
        ``ownership'' means equity holdings in a business 
        entity of at least 5 percent.
          [(B) Any organization established or continued under 
        an agreement approved under this subsection must comply 
        with the following requirements:
                  [(i) subject to the provisions of 
                subparagraphs (C), (D), (E), and (F) of this 
                paragraph, (I) the organization may allow any 
                member carrier to discuss any rate proposal 
                docketed, but (II) after January 1, 1981, only 
                those carriers with authority to participate in 
                the transportation to which the rate proposal 
                applies may vote upon such rate proposal;
                  [(ii) the organization may not interfere with 
                each carrier's right of independent action and 
                may not change or cancel any rate established 
                by independent action after the date of 
                enactment of this subsection, other than a 
                general increase or broad rate restructuring, 
                except that changes in such rates may be 
                effected, with the consent of the carrier or 
                carriers that initiated the independent action, 
                for the purpose of tariff simplification, 
                removal of discrimination, or elimination of 
                obsolete items;
                  [(iii) the organization may not file a 
                protest or complaint with the Commission 
                against any tariff item published by or for the 
                account of any motor carrier;
                  [(iv) the organization may not permit one of 
                its employees or any employee committee to 
                docket or act upon any proposal effecting a 
                change in any tariff item published by or for 
                the account of any of its member carriers;
                  [(v) upon request, the organization must 
                divulge to any person the name of the proponent 
                of a rule or rate docketed with it, must admit 
                any person to any meeting at which rates or 
                rules will be discussed or voted upon, and must 
                divulge to any person the vote cast by any 
                member carrier on any proposal before the 
                organization;
                  [(vi) the organization may not allow a 
                carrier to vote for one or more other carriers 
                without specific written authority from the 
                carrier being represented; and
                  [(vii) the organization shall make a final 
                disposition of a rule or rate docketed with it 
                by the 120th day after the proposal is 
                docketed, except that if unusual circumstances 
                require, the organization may extend such 
                period, subject to review by the Commission.
          [(C) No agreement approved under this subsection may 
        provide for discussion of or voting on rates to which 
        the provisions of section 10708(d) or 10730(b) of this 
        title apply, except that rates established or filed 
        under section 10730 of this title before the date of 
        enactment of the Motor Carrier Act of 1980 or changes 
        with respect to such rates may be discussed or voted on 
        under agreements approved under this subsection until 
        January 1, 1984.
          [(D) No agreement approved under this subsection may 
        provide for discussion of or voting upon single-line 
        rates on or after January 1, 1984, except that such 
        date shall be July 1, 1984, if the Motor Carrier 
        Ratemaking Study Commission does not submit its final 
        report under section 14(b)(4) of the Motor Carrier Act 
        of 1980 on or before January 1, 1983. This subparagraph 
        shall not apply to any single-line rate proposed by a 
        motor common carrier of passengers. This subparagraph 
        and subparagraph (B)(i)(II) of this paragraph shall not 
        apply to the following:
                  [(i) general rate increases or decreases if 
                the agreement gives shippers, under specified 
                procedures, at least 15 days' notice of the 
                proposal and an opportunity to present comments 
                on it before a tariff containing the increases 
                or decreases is filed with the Commission and 
                if discussion of such increases or decreases is 
                limited to industry average carrier costs and, 
                after the date of elimination of the antitrust 
                immunity by this subparagraph, does not include 
                discussion of individual markets or particular 
                single-line rates;
                  [(ii) changes in commodity classifications;
                  [(iii) changes in tariff structures if 
                discussion of such changes is limited to 
                industry average carrier costs and, after the 
                date of elimination of antitrust immunity by 
                this subparagraph, does not include discussion 
                of individual markets or particular single-line 
                rates;
                  [(iv) publishing of tariffs, filing of 
                independent actions for individual members 
                carriers, providing of support services for 
                members, and changes in rules or regulations 
                which are of at least substantially general 
                application throughout the area in which such 
                changes will apply.
          [(E) On and after January 1, 1983, no agreement 
        approved under this subsection may provide for 
        discussion of or voting upon any single-line rate 
        proposed by a motor common carrier of passengers. On 
        and after January 1, 1984, no agreement approved under 
        this subsection may provide for discussion of or voting 
        upon any joint rate proposed by one or more motor 
        common carriers of passengers. This subparagraph shall 
        not apply to any rate applicable to special or charter 
        transportation. This subparagraph and subparagraph 
        (B)(i)(II) of this paragraph shall not apply to the 
        following:
                  [(i) any general rate increase or decrease, 
                broad change in tariff structure, or 
                promotional or innovative fare change, as 
                defined by the Commission and subject to such 
                notice requirements as the Commission may 
                specify by regulation, if discussion of such 
                general increase or decrease is limited to 
                industry average carrier costs and intermodal 
                competitive factors and does not include 
                discussion of individual markets or particular 
                single-line rates or joint rates; and
                  [(ii) publishing of tariffs, filing of 
                independent actions for individual member 
                carriers, providing of support services for 
                members, and changes in rules or regulations 
                which are of at least substantially general 
                application throughout the area in which such 
                changes will apply.
          [(F) After the effective date of this subparagraph, 
        no agreement approved under this subsection may provide 
        for discussion of or voting upon any rate applicable to 
        special or charter transportation proposed by a motor 
        common carrier of passengers. This subparagraph shall 
        not apply to publication of any such rate.
          [(G) In any proceeding in which a party to such 
        proceeding alleges that a carrier voted, discussed, or 
        agreed on a rate or allowance in violation of this 
        subsection, that party has the burden of showing that 
        the vote, discussion, or agreement occurred. A showing 
        of parallel behavior does not satisfy that burden by 
        itself.
          [(H) The Commission shall, by regulation, determine 
        reasonable quorum standards to be applied for meetings 
        of organizations established or continued under an 
        agreement approved under this subsection.
  [(4) Notwithstanding any other provision of this subtitle, 
before the date on which the antitrust immunity is eliminated 
for discussion of or voting on single-line rates by paragraph 
(3)(D) of this subsection, the Commission may not take any 
action which would, on the basis of the type of carrier service 
involved (including service by carriers singly or in 
combination with other carriers), result in the exclusion of 
one or more motor common carriers of property from discussion 
or voting under agreements authorized by this subsection on 
matters concerning rates, allowances, classifications, or 
divisions, except that before such date, the Commission may 
issue regulations which take effect on or after such date to 
carry out the provisions of such paragraph.
  [(5) Notwithstanding any other provision of this subtitle 
(other than paragraph (3)(F) of this subsection, relating to 
special and charter transportation of passengers), before 
January 1, 1983, the Commission may not take any action which 
would, on the basis of the type of carrier service involved 
(including service by carriers singly or in combination with 
other carriers), result in the exclusion of one or more motor 
common carriers of passengers from discussion or voting under 
agreements authorized by this subsection on matters concerning 
rates, allowances, or divisions, except that before January 1, 
1983, the Commission may issue regulations which take effect on 
or after January 1, 1983, to carry out the provisions of 
paragraph (3)(E) of this subsection.
  [(c) A common carrier providing transportation or service 
subject to the jurisdiction of the Commission under chapter 105 
of this title (except a rail carrier or a motor common carrier 
that is a party to an agreement of at least 2 carriers related 
to rates (including charges between carriers and compensation 
paid or received for the use of facilities and equipment), 
allowances, classifications, divisions, or rules related to 
them, or procedures for joint consideration, initiation, or 
establishment of them, may apply to the Commission for approval 
of that agreement under this subsection. The Commission 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 approval. If the 
Commission approves the agreement, it may be made and carried 
out under its terms and under the conditions required by the 
Commission, 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.
  [(d)(1) In this subsection, carriers are classified as 
follows:
          [(A) Rail, express, and sleeping car carriers are a 
        class.
          [(B) Pipeline carriers are a class.
          [(C) Motor carriers are a class.
          [(D) Water carriers are a class.
          [(E) Household goods freight forwarders are a class.
  [(2) The Commission may not approve an agreement under this 
section--
          [(A) between or among carriers of different classes 
        unless, in addition to the finding required under 
        subsection (a), (b), or (c) of this section, the 
        Commission finds that the agreement is limited to 
        matters related to transportation under joint rates or 
        over through routes;
          [(B) related to a pooling, division, or other matter 
        to which subchapter III of chapter 113 of this title 
        applies; or
          [(C) establishing a procedure for determination of a 
        matter through joint consideration unless the 
        Commission finds that each party to the agreement has 
        the absolute right under it to take independent action 
        before or after a determination is made under that 
        procedure.
  [(e) The Commission may require an organization established 
or continued under an agreement approved under this section to 
maintain records and submit reports. The Commission, or its 
delegate, may inspect a record maintained under this section.
  [(f) The Commission may review an agreement approved under 
subsection (a), (b), or (c) of this section and shall change 
the conditions of approval or terminate it when necessary to 
comply with (1) the public interest and subsection (a), or (2) 
subsection (b) or (c). The Commission 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.
  [(g) The Commission may begin a proceeding under this section 
on its own initiative or on application. Action of the 
Commission 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), (b), or (c) of 
this section.
  [(h) The Commission shall review each agreement approved 
under subsection (a) of this section periodically, but at least 
once every 3 years (1) to determine whether the agreement or an 
organization established or continued under one of those 
agreements still complies with the requirements of that 
subsection and the public interest, and (2) to evaluate the 
success and effect of that agreement or organization on the 
consuming public and the national rail freight transportation 
system. If the Commission finds that an agreement or 
organization does not conform to the requirements of that 
subsection, it shall end or suspend its approval. The 
Commission shall report to the President and Congress the 
results of the review as a part of its annual report under 
section 10311 of this title.
  [(i)(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 
Commission 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 subtitle and of the 
        transportation policy of section 10101a of this title.
  [(2) Reports received by the Commission under this subsection 
shall be published and made available to the public under 
section 552(a) of title 5.

[Sec. 10707. Investigation and suspension of new rail carrier rates, 
                    classifications, rules, and practices

  [(a) When a new individual or joint rate or individual or 
joint classification, rule, or practice related to a rate is 
filed with the Interstate Commerce Commission by a rail carrier 
providing transportation subject to its jurisdiction under 
subchapter I of chapter 105 of this title, the Commission may 
begin a proceeding, on its own initiative or on complaint of an 
interested party, to determine whether the proposed rate, 
classification, rule, or practice violates this subtitle. The 
Commission must give reasonable notice to interested parties 
before beginning a proceeding under this subsection but may act 
without allowing an interested party to file an answer or other 
formal pleading in response to its decision to begin the 
proceeding.
  [(b)(1) The Commission must complete a proceeding under this 
section and make its final decision by the end of the 5th month 
after the rate, classification, rule, or practice was to become 
effective, except that if the Commission reports to the 
Congress by the end of such 5th month that it cannot make a 
final decision by that time and explains the reason for the 
delay, it may take an additional 3 months to complete the 
proceeding and make its final decision. If the Commission does 
not reach a final decision within the applicable time period, 
the rate, classification, rule, or practice--
          [(A) is effective at the end of that time period; or
          [(B) if already in effect at the end of that time 
        period, remains in effect.
  [(2) If an interested party has filed a complaint under 
subsection (a) of this section, the Commission may set aside a 
rate, classification, rule, or practice that has become 
effective under this section if the Commission finds it to be 
in violation of this chapter.
  [(c)(1) The Commission may not suspend a proposed rate, 
classification, rule, or practice during the course of a 
Commission proceeding under this section unless it appears from 
the specific facts shown by the verified statement of a person 
that--
          [(A) it is substantially likely that the protestant 
        will prevail on the merits;
          [(B) without suspension, the proposed rate change 
        will cause substantial injury to the protestant or the 
        party represented by the protestant; and
          [(C) because of the peculiar economic circumstances 
        of the protestant, the provisions of subsection (d) of 
        this section do not protect the protestant.
  [(2) The burden shall be on the protestant to prove the 
matters described in paragraph (1) (A), (B), and (C) of this 
subsection.
  [(d)(1) If the Commission does not suspend a proposed rate 
increase under subsection (c) of this section, the Commission 
shall require the rail carrier to account for all amounts 
received under the increase until the Commission completes its 
proceedings under subsection (b) of this section. The 
accounting shall specify by whom and for whom the amounts are 
paid. When the Commission takes final action, it shall require 
the carrier to refund to the person for whom the amounts were 
paid that part of the increased rate found to be unreasonable, 
plus interest at a rate equal to the average yield (on the date 
the statement is filed) of marketable securities of the United 
States Government having a duration of 90 days.
  [(2) If a rate is suspended under subsection (c) of this 
section and any portion of such rate is later found to be 
reasonable under this subtitle, the carrier shall collect from 
each person using the transportation to which the rate applies 
the difference between the original rate and the portion of the 
suspended rate found to be reasonable for any services 
performed during the period of suspension, plus interest at a 
rate equal to the average yield (on the date the statement is 
filed) of marketable securities of the United States Government 
having a duration of 90 days, except that this paragraph shall 
not apply to general rate increases under section 10706 of this 
title.
  [(3) If any portion of a proposed rate decrease is suspended 
under subsection (c) of this section and later found to be 
reasonable under this subtitle, the rail carrier may refund any 
part of the portion of the decrease found to comply with this 
subtitle if the carrier makes the refund available to each 
shipper who participated in the rate, in accordance with the 
relative amount of such shipper's traffic transported at such 
rate.
  [(4) Notwithstanding the provisions of section 10741 or 
section 10761 of this title, the Commission shall, by rule, 
establish standards and procedures permitting a rail carrier to 
waive the collection of amounts due under this subsection if 
such amounts are not significant.

[Sec. 10707a. Zone of rail carrier rate flexibility

  [(a) In this section--
          [(1)(A) ``base rate'' means, with respect to the 
        transportation of a particular commodity (i) for the 
        24-month period beginning on October 1, 1980, the rate 
        in effect on October 1, 1980, (ii) for the 24-month 
        period beginning on October 1, 1982, the rate in effect 
        on October 1, 1982, and (iii) for the 5-year period 
        beginning on October 1, 1984, and for each subsequent 
        5-year period, the rate in effect on the first day of 
        the applicable 5-year period.
          [(B) If no rate exists for the transportation of a 
        particular commodity on October 1, 1980, the base rate 
        for the transportation of such commodity shall be the 
        rate established by the rail carrier (divided by the 
        latest rail cost adjustment factor published by the 
        Commission), unless such rate is found to be 
        unreasonable by the Commission, in which case the base 
        rate shall be the rate authorized by the Commission 
        (divided by the latest rail cost adjustment factor 
        published by the Commission).
          [(2)(A) ``adjusted base rate'' means the base rate 
        for the transportation of a particular commodity 
        multiplied by the latest rail cost adjustment factor 
        published by the Commission pursuant to this paragraph.
          [(B) Commencing with the fourth quarter of 1980, the 
        Commission 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 Commission, with appropriate 
        adjustments to reflect the changing composition of 
        railroad costs, including the quality and mix of 
        material and labor), and the denominator of which is 
        the same index for the fourth quarter of 1980, or for 
        the fourth quarter of 1982 or for the fourth quarter of 
        every fifth year thereafter, as appropriate.
  [(b)(1) Except as provided in paragraph (3) of this 
subsection, a rail carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title may increase any rate 
over which the Commission has juridiction under section 10709 
of this title so long as the increased rate is not greater than 
the adjusted base rate for the transportation involved, plus 
any rate increases implemented under subsection (c) or (d) of 
this section.
  [(2) A rate increase authorized under this subsection may not 
be found to exceed a reasonable maximum for the transportation 
involved.
  [(3) A rail carrier may not increase a rate under this 
subsection to the extent that the cost increases to such 
carrier due to inflation are recovered through (A) general rate 
increases pursuant to section 10706 of this title, or (B) 
inflation-based rate increases under section 10712 of this 
title applicable to that rate.
  [(c)(1) During the 12-month period beginning on the effective 
date of the Staggers Rail Act of 1980 and during each of the 3 
succeeding 12-month periods, a rail carrier may, in addition to 
rate increases authorized under subsection (b) of this section, 
increase any rate over which the Commission has jurisdiction 
under section 10709 of this title by an annual amount of not 
more than 6 percent of the adjusted base rate, except that in 
no event shall the total increase under this subsection result 
in a rate which is more than 118 percent of the adjusted base 
rate.
  [(2)(A) If any portion of a rate increase under this 
subsection is not implemented in the year in which it is 
authorized, such portion may, except as provided in 
subparagraph (B) of this paragraph, be implemented only in the 
next succeeding year.
  [(B) If any portion of the total rate increase authorized 
under this subsection is not implemented by the end of the 4-
year period beginning on the effective date of the Staggers 
Rail Act of 1980, such portion may be implemented in the next 2 
succeeding years, except that in no event may a rail carrier 
increase a rate under this subsection or under subsection (d) 
of this section in either of such 2 succeeding years by an 
annual amount of more than 10 percent of the adjusted base 
rate.
  [(d)(1) Except as provided in paragraph (3) of this 
subsection, during the 12-month period beginning on October 1, 
1984, and during each succeeding 12-month period, a rail 
carrier may, in addition to rate increases under subsection (b) 
of this section, increase any rate over which the Commission 
has jurisdiction under section 10709 of this title by an annual 
amount of not more than 4 percent of the adjusted base rate.
  [(2) No portion of any rate increase under this subsection 
which is not implemented in the year in which it is authorized 
may be implemented in any other year.
  [(3)(A) The provisions of this subsection shall not apply to 
a rail carrier proposing to increase a single line rate if such 
carrier earns adequate revenues, as determined by the 
Commission under section 10704(a)(2) of this title.
  [(B) The Commission shall, after a hearing on the record, 
prescribe such rules with respect to joint rates as necessary 
to ensure that rail carriers which earn adequate revenues, as 
determined under section 10704(a)(2) of this title, do not 
receive the rate increases authorized by this subsection unless 
the Commission determines that it is unable to prescribe such 
rules without precluding rail carriers not earning adequate 
revenues from receiving the rate increases authorized under 
this subsection.
  [(e)(1) Notwithstanding the provisions of section 10707 of 
this title, in the case of any rate increase by a rail carrier 
that is authorized under subsection (c) or (d) of this 
section--
          [(A)(i) the Commission may not suspend such rate 
        increase pending final Commission action; and
          [(ii) except as provided in paragraph (2) of this 
        subsection, the Commission may not begin an 
        investigation proceeding under section 10707 of this 
        title with respect to the reasonableness of such rate 
        increase; but
          [(B) an interested party may file a complaint under 
        section 11701(b) of this title alleging that such rate 
        increase violates the provisions of this subtitle.
In considering any complaint challenging a rate increase that 
is authorized under subsection (c) of this section and that 
results in a revenue-variable cost percentage that is less than 
the lesser of the percentages described in clauses (i) and (ii) 
of paragraph (2)(A), the Commission shall, in determining the 
reasonableness of such rate increase, give due consideration to 
whether the carrier proposing the rate increase has attained 
adequate revenues, as determined by the Commission under 
section 10704(a)(2) of this title, giving regard to preventing 
a carrier with adequate revenues from realizing excessive 
profits on the traffic involved and also the policy of bringing 
to an adequate level the revenues of carriers not having an 
adequate revenue level.
  [(2)(A) If a rate increase authorized under this section in 
any year results in a revenue-variable cost percentage for the 
transportation to which the rate applies that is equal to or 
greater than--
          [(i) 20 percentage points above the revenue-variable 
        cost percentage applicable in that year under section 
        10709(d) of this title; or
          [(ii) a revenue-variable cost percentage of 190 
        percent,
whichever is less, the Commission may, on its own initiative, 
or on complaint of an interested party, begin an investigation 
proceeding to determine whether the proposed rate increase 
violates this subtitle.
  [(B) In determining whether to investigate or not to 
investigate any proposed rate increase that results in a 
revenue-variable cost percentage for the transportation to 
which the rate applies that is equal to or greater than the 
lesser of the percentages described in clauses (i) and (ii) of 
subparagraph (A) of this paragraph (without regard to whether 
such rate increase is authorized under this section), the 
Commission shall set forth its reasons therefor, giving due 
consideration to the following factors:
          [(i) the amount of traffic which is transported at 
        revenues which do not contribute to going concern value 
        and efforts made to minimize such traffic;
          [(ii) the amount of traffic which contributes only 
        marginally to fixed costs and the extent to which, if 
        any, rates on such traffic can be changed to maximize 
        the revenues from such traffic; and
          [(iii) the impact of the proposed rate or rate 
        increase on the attainment of the national energy goals 
        and the rail transportation policy under section 10101a 
        of this title, taking into account the railroads' role 
        as a primary source of energy transportation and the 
        need for a sound rail transportation system in 
        accordance with the revenue adequacy goals of section 
        10704 of this title.
This subparagraph shall not be construed to change existing law 
with regard to the nonreviewability of such determination.
  [(C) In determining whether a rate is reasonable, the 
Commission shall consider, among other factors, evidence of the 
following:
          [(i) the amount of traffic which is transported at 
        revenues which do not contribute to going concern value 
        and efforts made to minimize such traffic;
          [(ii) the amount of traffic which contributes only 
        marginally to fixed costs and the extent to which, if 
        any, rates on such traffic can be changed to maximize 
        the revenues from such traffic; and
          [(iii) the carrier's mix of rail traffic to determine 
        whether one commodity is paying an unreasonable share 
        of the carrier's overall revenues.
  [(f) In any proceeding under this section, evidence of the 
underlying rail carrier rate is admissible.
  [(g) A finding by the Commission that a rate increase exceeds 
the increase authorized under this section does not establish a 
presumption that (1) the rail carrier proposing such rate 
increase has or does not have market dominance over the 
transportation to which the rate applies, or (2) the proposed 
rate exceeds or does not exceed a reasonable maximum.
  [(h) The authority of the Commission to determine and 
prescribe reasonable rules, classifications, and practices may 
not be used, directly or indirectly, to limit the rates which 
rail carriers are otherwise authorized to establish under this 
subtitle.

[Sec. 10708. Investigation and suspension of new nonrail carrier rates, 
                    classifications, rules, and practices

  [(a)(1) The Interstate Commerce Commission may begin a 
proceeding to determine the lawfulness of a proposed rate, 
classification, rule, or practice immediately, on its own 
initiative or on application of an interested party when--
          [(A) a new individual or joint rate or individual or 
        joint classification, rule, or practice affecting a 
        rate is filed with the Commission by a common carrier, 
        other than a rail carrier, under this subtitle; or
          [(B) a new or reduced rate or rule or practice that 
        causes a reduction of a rate is filed with the 
        Commission by a contract carrier under this subtitle.
  [(2) The Commission must give reasonable notice before 
beginning a proceeding under this section but may act without 
allowing an interested carrier to file an answer or other 
formal pleading in response to its decision to begin the 
proceeding. The Commission may take whatever final action on a 
rate, classification, rule, or practice under this section, 
after a full hearing (whether completed before or after the 
rate, classification, rule, or practices goes into effect), as 
it could in a proceeding begun after a rate, classification, 
rule, or practice became effective.
  [(b) Pending final Commission action in a proceeding under 
subsection (a) of this section, the Commission may suspend the 
proposed rate, classification, rule, or practice at any time 
for not more than 7 months beyond the time it would otherwise 
go into effect by (1) delivering to each affected carrier, and 
(2) filing with the proposed rate, classification, rule, or 
practice, a statement of reasons for the suspension. If the 
Commission does not take final action during the suspension 
period, the proposed rate, classification, rule, or practice is 
effective at the end of that period. However, if an increase in 
a rate for, or related to, transportation of property by an 
express, sleeping car, or pipeline carrier becomes effective 
under this subsection, the Commission may require the 
interested carrier to account for all amounts received under it 
and specify by whom and on whose behalf those amounts were 
paid. When the Commission takes final action, it may require 
the carrier to refund, with interest, to the persons on whose 
behalf those amounts were paid, the part of the increased rate 
found to be in violation of this subtitle.
  [(c) In a proceeding under this section, the burden is on the 
carrier proposing the changed rate, classification, rule, or 
practice to prove that the change is reasonable. The Commission 
shall give proceedings under this section preference over all 
other proceedings related to that type of carrier pending 
before it and make its decision at the earliest practical time.
  [(d)(1) Notwithstanding any other provision of this title, 
the Commission may not investigate, suspend, revise, or revoke 
any rate proposed by a motor common carrier of property or 
household goods freight forwarder on the grounds that such rate 
is unreasonable on the basis that it is too high or too low 
if--
          [(A) the carrier notifies the Commission that it 
        wishes to have the rate considered pursuant to this 
        subsection; and
          [(B) the aggregate of increases and decreases in any 
        such rate is not more than 10 percent above the rate in 
        effect one year prior to the effective date of the 
        proposed rate, nor more than 10 percent below the 
        lesser of the rate in effect on July 1, 1980 (or, in 
        the case of any rate which a carrier first establishes 
        after July 1, 1980, for a service not provided by such 
        carrier on such date, such rate on the date such rate 
        first becomes effective), or the rate in effect one 
        year prior to the effective date of the proposed rate.
  [(2) The Commission, by rule, may increase the percentages 
specified in paragraph (1)(B) of this subsection for any group 
of motor common carriers of property or household goods freight 
forwarders if it finds that--
          [(A) there is sufficient actual and potential 
        competition to regulate rates; and
          [(B) there are benefits to (i) carriers or household 
        goods freight forwarders, (ii) shippers, and (iii) the 
        public from further rate flexibility;
except that the Commission may not increase such percentages by 
more than 5 percentage points during any one-year period.
  [(3)(A) In determining, pursuant to paragraph (1)(B) of this 
subsection whether the aggregate of increases and decreases in 
a proposed rate that is to take effect on or before the 730th 
day following the date of enactment of this paragraph is more 
than 10 percent (or such other percentage as the Commission may 
establish under paragraph (2) of this subsection) above the 
rate in effect one year prior to the effective date of the 
proposed rate, general rate increases obtained in the one-year 
period prior to the effective date of the proposed rate shall 
not be included in such aggregate, except to the extent that 
such general rate increases exceed 5 percent of the rate in 
effect one year prior to the effective date of the proposed 
rate.
  [(B) In the case of a proposed rate that is to take effect 
after the 730th day following the date of enactment of this 
paragraph, the percentage which first appears in paragraph 
(1)(B) of this subsection (relating to the upper limit of the 
zone of ratemaking freedom), or such other percentage as the 
Commission may establish under paragraph (2) of this subsection 
in lieu of such percentage, 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 one-year period prior to the effective date 
of the proposed rate.
  [(4) Notwithstanding any other provision of this title, the 
Commission may not investigate, suspend, revise, or revoke any 
single-line rate proposed by a motor common carrier of 
passengers, or joint rate proposed by one or more such 
carriers, applicable to any transportation (other than special 
or charter transportation) on the grounds that such rate is 
unreasonable on the basis that it is too high or too low if--
          [(A) the carrier or carriers notify the Commission 
        that they wish to have the rate considered pursuant to 
        this subsection; and
          [(B) the aggregate of increases and decreases in any 
        such rate is not more than 10 percent above the rate in 
        effect one year prior to the effective date of the 
        proposed rate, nor more than 20 percent below the 
        lesser of the rate in effect on the effective date of 
        this paragraph (or, in case of any rate which the 
        carrier or carriers first establish after such date for 
        a service not provided by the carrier or carriers on 
        such date, such rate on the date such rate first 
        becomes effective), or the rate in effect one year 
        prior to the effective date of the proposed rate.
  [(5) One year after the effective date of this paragraph, the 
first and second percentages specified in paragraph (4)(B) of 
this subsection shall change to 15 percent and 25 percent, 
respectively. Two years after the effective date, the first and 
second percentages specified in paragraph (4)(B) of this 
subsection shall change to 20 percent and 30 percent, 
respectively.
  [(6) Any rate implemented by a carrier pursuant to this 
subsection shall be subject to the antitrust laws, as defined 
in the first section of the Clayton Act (15 U.S.C. 12), except 
that the docketing and publication of such rate by the carrier 
under section 10706(b) of this title shall not be construed as 
a violation of the antitrust laws. Evidence that any motor 
common carrier of passengers established pursuant to this 
subsection a joint or single-line rate applicable to 
transportation over any route which is the same as or similar 
to a joint rate applicable to transportation over such route 
which such carrier together with one or more other motor common 
carriers of passengers established pursuant to this subsection 
shall not be in and of itself sufficient to establish a 
violation of any such antitrust law. Nothing in this subsection 
shall limit the Commission's authority to suspend and 
investigate proposed rates on the basis that such rates may 
violate the provisions of section 10741 of this title or 
constitute predatory practices in contravention of the 
transportation policy set forth in section 10101(a) of this 
title.
  [(e) Notwithstanding any other provision of this title, 3 
years after the effective date of this subsection, the 
Commission may not investigate, suspend, revise, or revoke any 
rate proposed by a motor common carrier of passengers on the 
grounds that such rate is unreasonable on the basis that it is 
too high or too low, unless the proposed rate is established 
collectively in accordance with the procedures of an agreement 
approved by the Commission under section 10706(b) of this 
title. In publishing and filing a tariff under section 10762 of 
this title, the carrier shall disclose whether such rate is the 
result of collective ratemaking procedures pursuant to an 
agreement approved by the Commission under section 10706(b) of 
this title.
  [(f) Notwithstanding any other provision of this title, an 
interested party may file a complaint under section 11701 of 
this title challenging the reasonableness of a rate filed under 
this section by a motor carrier of passengers. Any such 
complaint proceeding shall be finally determined by the 
Commission no later than 90 days after the filing of the 
complaint.
  [(g) Notwithstanding any other provision of this title, the 
Commission may not investigate, suspend, revise, or revoke any 
rate proposed by a motor common carrier of passengers 
applicable to special or charter transportation. Nothing in 
this subsection shall limit the Commission's authority to 
suspend and investigate proposed rates on the basis that such 
rates constitute predatory practices in contravention of the 
transportation policy set forth in section 10101(a) of this 
title.

[Sec. 10709. Determination of market dominance in rail carrier rate 
                    proceedings

  [(a) In this section, ``market dominance'' means an absence 
of effective competition from other 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 
Interstate Commerce Commission under subchapter I of chapter 
105 of this title is challenged as being unreasonably high, the 
Commission shall determine, within 90 days after the start of a 
proceeding under section 10707 of this title to investigate the 
lawfulness of that rate, whether the carrier proposing the rate 
has market dominance over the transportation to which the rate 
applies. The Commission may make that determination on its own 
initiative or on complaint. A finding by the Commission that 
the carrier does not have market dominance is determinative in 
a proceeding under this subtitle related to that rate or 
transportation unless changed or set aside by the Commission or 
set aside by a court of competent jurisdiction.
  [(c) When the Commission 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. This subsection does not limit the power of the 
Commission to suspend a rate under section 10707(c) of this 
title. However, if the Commission has found that a carrier does 
not have market dominance over the transportation to which the 
rate applies, the Commission may suspend an increase in that 
rate as being in excess of a reasonable maximum for that 
transportation only if it specifically changes or sets aside 
its prior determination of market dominance.
  [(d)(1) In this subsection--
          [(A) ``fixed and variable cost'' means all cost 
        incurred by rail carriers in the transportation of 
        freight, but limiting the return on equity capital to a 
        rate equal to the embedded cost of debt.
          [(B)(i) ``cost recovery percentage'' means the lowest 
        revenue-variable cost percentage which, if all 
        movements that produced revenues resulting in revenue-
        variable cost percentages in excess of the cost 
        recovery percentage are deemed to have produced only 
        revenues resulting in the cost recovery percentage, 
        would produce revenues which would be equal, when 
        combined with total revenues produced by all other 
        traffic transported by rail carrier, to the total fixed 
        and variable cost of the transportation of all traffic 
        by rail carrier.
          [(ii) for purposes of determining the cost recovery 
        percentage only, ``revenue-variable cost percentage'' 
        means the quotient, expressed as a percentage figure, 
        obtained by dividing the total revenues produced by the 
        transportation of all traffic received by rail carriers 
        for rail transportation by the total variable cost of 
        such transportation.
  [(2) In making a determination under this section, the 
Commission 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--
          [(A) 160 percent during the period beginning on the 
        effective date of the Staggers Rail Act of 1980 and 
        ending September 30, 1981;
          [(B) 165 percent during the period beginning October 
        1, 1981, and ending September 30, 1982;
          [(C) 170 percent during the period beginning October 
        1, 1982, and ending September 30, 1983;
          [(D) 175 percent or the cost recovery percentage, 
        whichever is less, during the period beginning October 
        1, 1983, and ending September 30, 1984; and
          [(E) the cost recovery percentage, during each 12-
        month period beginning on or after October 1, 1984.
For purposes of subparagraphs (D) and (E) of this paragraph, 
the cost recovery percentage shall in no event be less than a 
revenue-variable cost percentage of 170 percent or more than a 
revenue-variable cost percentage of 180 percent.
  [(3) For purposes of determining the revenue-variable cost 
percentage for a particular transportation, variable costs 
shall be determined pursuant to section 10705a(m)(1) of this 
title, with adjustments specified by the Commission. A rail 
carrier may meet its burden of proof under this subsection by 
establishing its variable costs in accordance with such section 
10705a(m)(1), but a shipper may rebut that showing by evidence 
of such type, and in accordance with such burden of proof, as 
the Commission shall prescribe.
  [(4) A finding by the Commission 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 the applicable percentage under paragraph (2) 
of this subsection 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.
  [(5)(A) Within 180 days after the effective date of the 
Staggers Rail Act of 1980 and on an annual basis thereafter, 
the Commission shall determine the cost recovery percentage for 
the transportation of all traffic received by rail carriers. 
The Commission shall make such determination after considering 
each individual revenue-variable cost percentage resulting from 
the revenues and costs of a valid and reliable statistical 
sample of all movements of commodities transported by class I 
rail carriers during the most recent calendar year for which 
such information is available.
  [(B) If, on the basis of calculations under subparagraph (A) 
of this paragraph, the Commission determines that revenues 
earned by all class I rail carriers during the previous 
calendar year do not exceed the fixed and variable costs of 
such carriers, then the cost recovery percentage for purposes 
of this section shall be deemed to be equal to the cost 
recovery percentage last determined by the Commission.
  [(C) The Commission shall, in its annual report submitted to 
the Congress under section 10311 of this title, set forth the 
cost recovery percentage determined for that year under 
subparagraph (A) of this paragraph.

[Sec. 10710. Elimination of discrimination against recyclable materials

  [The Interstate Commerce Commission shall maintain 
regulations that will eliminate discrimination against the 
transportation of recyclable materials in rate structures and 
in other Commission practices where discrimination exists.

[Sec. 10711. Effect of certain sections on rail rates and practices

  [Sections 10701 (a) and (b), 10707, 10709, 10727, and 10728 
of this title, related to rail carriers, do not--
          [(1) modify the application of sections 10701(c), 
        10726, 10741-10744, or 11103 of this title in 
        determining whether a rate or practice complies with 
        this subtitle;
          [(2) make a competitive practice that is unfair, 
        destructive, predatory, or otherwise undermines 
        competition that is necessary in the public interest 
        comply with this subtitle;
          [(3) affect a law in existence on February 5, 1976, 
        or the authority of the Interstate Commerce Commission 
        related to rate relationships between ports; or
          [(4) affect the authority and responsibility of the 
        Commission to guarantee the equalization of rates in 
        the same port.

[Sec. 10712. Inflation-based rate increases

  [(a) The Commission may, on a quarterly basis and consistent 
with the rail transportation policy set forth in section 10101a 
of this title, prescribe a percentage rate increase or rate 
index for rail carriers in order to compensate for inflationary 
cost increases. Such percentage rate increase or rate index may 
be applicable on an industry-wide, territory-wide, or carrier-
by-carrier basis.
  [(b) Within 60 days after the date the Commission prescribes 
a percentage rate increase or rate index under subsection (a) 
of this section, each rail carrier or group of rail carriers 
shall notify the Commission of any rate or group of rates which 
such carrier or carriers intend to be excluded from the 
application of such percentage rate increase or rate index.
  [(c) For purposes of this section, a percentage rate index 
may permit rate increases within a specified range to allow 
carriers to recover a total revenue increase specified by the 
Commission as necessary to compensate for inflationary cost 
increases.

[Sec. 10713. Contracts

  [(a) One or more rail carriers providing transportation 
subject to the jurisdiction of the Interstate Commerce 
Commission under subchapter I of chapter 105 of this title may 
enter into a contract with one or more purchasers of rail 
services to provide specified services under specified rates 
and conditions. Such a rail carrier may not enter into a 
contract with purchasers of rail service except as provided in 
this section.
  [(b)(1) Each contract entered into under this section shall 
be filed with the Commission, together with a summary of the 
contract containing such nonconfidential information as the 
Commission prescribes. The Commission shall publish special 
tariff rules for such contracts in order to assure that the 
essential terms of the contract are available to the general 
public in tariff format.
  [(2)(A) The essential terms of any contract for the 
transportation of agricultural commodities to be made available 
to the general public in tariff format under this subsection 
shall include, but shall not be limited to (i) the identity of 
the shipper party to the contract; (ii) the specific origins, 
transit points and other shipper facilities subject to the 
contract, and destinations served under such contract; (iii) 
the duration of the contract, including provisions for optional 
extension; (iv) the actual volume requirements, if any; (v) 
whether any transporation service has begun under a contract 
before the date such contract is filed with or approved by the 
Commission, and (vi) the date on which the contract became 
applicable to the transportation services provided under the 
contract. The Commission shall interpret this subsection to 
provide for liberal discovery to shippers seeking remedies 
under subsection (d)(2)(B) of this section.
  [(B) Any amendment, supplement, or change to any term or 
provision of any contract described in subparagraph (A), 
including extensions of such contract, changes of origin, 
transit points, affected shipper facilities, destination 
points, or negotiated economic terms, shall be deemed to be a 
separate and new contract for the purposes of this subsection. 
Such amendments, supplements, or changes shall be filed 
separately with the Commission as provided in paragraph (1).
  [(C) Within 60 days after the date of the enactment of the 
Conrail Privatization Act, the Commission shall issue 
regulations which require that essential terms of contracts 
described in subparagraph (A) shall be made available to the 
general public in tariff format as provided in this paragraph.
  [(D) The railroad contract rate advisory service established 
pursuant to subsection (m) of this section shall assess the 
impact on competition among argicultural shippers of variations 
between contract rates for various shipments and the published 
single car rates, and shall submit a report to the Congress not 
later than 120 days after the date of the enactment of the 
Conrail Privatization Act.
  [(c) A contract filed under this section shall be approved by 
the Commission, as provided in subsection (e) of this section, 
unless the Commission determines in a proceeding under 
subsection (d) of this section that such contract is in 
violation of this section.
  [(d)(1) No later than 30 days after the date of filing of a 
contract under this section, the Commission may, on its own 
initiative or on complaint, begin a proceeding to review such 
contract on the grounds described in this subsection.
  [(2)(A) In the case of a contract other than a contract for 
the transportation of agricultural commodities (including 
forest products and paper), a complaint may be filed--
          [(i) by a shipper only on the grounds that such 
        shipper individually will be harmed because the 
        proposed contract unduly impairs the ability of the 
        contracting 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 the case of a contract for the transportation of 
agricultural commodities (including forest products and paper), 
in addition to the grounds for a complaint described in 
subparagraph (A) of this paragraph, a complaint may be filed by 
a shipper 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 subtitle.
In making a determination under clause (ii) of this 
subparagraph, the Commission 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 Commission may 
establish, the Commission shall determine whether the contract 
that is the subject of such proceeding is in violation of this 
section.
  [(B) If the Commission 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 carrier, the Commission 
shall, subject to the provisions of this section, order such 
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.
  [(e) Approval of a contract filed under this section shall be 
effective--
          [(1) on the date the Commission expressly approves 
        such contract, but in no event before the end of the 
        30-day period beginning on the date such contract is 
        filed or after the end of the 60-day period beginning 
        on such date; or
          [(2) if the Commission has not disapproved such 
        contract by the end of the 60-day period beginning on 
        the date such contract is filed, at the end of such 60-
        day period.
  [(f) The Commission may limit the right of a rail carrier to 
enter into future contracts under this section following a 
determination that additional contracts would impair the 
ability of the rail carrier to fulfill its common carrier 
obligations under section 11101 of this title.
  [(g) The Commission may not require a rail carrier to violate 
the terms of a contract that has been approved under this 
section, except to the extent necessary to comply with section 
11128 of this title.
  [(h) 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.
  [(i)(1) A contract that is approved by the Commission under 
this section, and transportation under such contract, shall not 
be subject to this subtitle, and may not be subsequently 
challenged before the Commission or in any court on the grounds 
that such contract violates a provision of this subtitle.
  [(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.
  [(j) The provisions of this section shall not affect the 
status of any lawful contract between a rail carrier and one or 
more purchasers of rail service that is in effect on the 
effective date of the Staggers Rail Act of 1980. Any such 
contract shall hereafter have the same force and effect as if 
it has been entered into in accordance with the provisions of 
this section. Nothing in this section shall affect the rights 
of the parties to challenge the existence of such a contract.
  [(k)(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), except that in the case of a proposed contract 
between a class I carrier and a shipper originating an average 
of 1,000 cars or more per year during the prior 3-year period 
by major car type on a particular carrier, not more than 40 
percent of carrier owned or leased equipment utilized on the 
average during the prior 3-year period may be used for such 
contract without prior authorization by the Commission.
  [(2) The Commission 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 
Commission 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.
  [(l) Service under a contract approved under this section 
shall be deemed to be a separate and distinct class of service, 
and the equipment used in the fulfillment of such a contract 
shall not be subject to car service decisions under section 
11123 of this title.
  [(m) The Commission shall establish a railroad contract rate 
advisory service. The advisory service shall--
          [(1) compile and disseminate to interested parties 
        nonconfidential summaries of the provisions of 
        individual contract information relating to the 
        provisions of contracts entered into under this section 
        with regard to various goods, items, and commodities 
        covered by such contracts;
          [(2) provide the Commission and interested parties 
        with advice regarding contracts; and
          [(3) assess the impact on competition among shippers 
        of variations between contract rates for various 
        shipments and the published single car rates, and 
        submit a report on such impact to the Congress not 
        later than 90 days after the effective date of the 
        Staggers Rail Act of 1980.

                 [SUBCHAPTER II--SPECIAL CIRCUMSTANCES

[Sec. 10721. Government traffic

  [(a)(1) Except as provided in this section, the full 
applicable commercial rate shall be paid for transportation for 
the United States Government by a common carrier providing 
transportation or service subject to the jurisdiction of the 
Interstate Commerce Commission under this subtitle. 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 common carrier lawfully operating in the area where the 
transportation will be provided. When prescribing rates for 
transportation or service by those common carriers, the 
Commission shall consider increased revenues those carriers 
receive under this subsection to reflect those increases in 
appropriate readjustments of their rates.
  [(2) Paragraph (1) of this subsection does not apply, and the 
law related to compensation for transportation for the United 
States Government in effect immediately before September 18, 
1940, applies to a rail carrier if that carrier, or its 
predecessor in interest, received a grant of land from the 
United States to aid in constructing the railroad it operates 
but did not file a release with the Secretary of the Interior 
before September 18, 1941, of claims against the United States 
Government to, or arising out of, lands that were granted, 
claimed to have been granted, or claimed should have been 
granted to that carrier or its predecessor in interest. This 
paragraph does not require a rail carrier to reconvey to the 
United States land patented or certified to it or prevent the 
patent of land that the Secretary of the Interior found was 
sold by the carrier to an innocent purchaser for value or as 
preventing the patent of land listed or selected by the carrier 
and finally approved by the Secretary of the Interior to the 
extent that issuance of those patents is authorized by law.
  [(b)(1) A common carrier providing transportation subject to 
the jurisdiction of the Commission under subchapter I, II, or 
III of chapter 105 of this title may transport individuals for 
the United States Government without charge or at reduced 
rates. The carriers may transport custom inspectors and 
immigration officers without charge. A common carrier providing 
transportation or service subject to the jurisdiction of the 
Commission under chapter 105 of this title shall provide 
transportation for the United States Postal Service under 
chapters 50 and 52 of title 39, and may transport property for 
the United States Government, a State, or municipal government 
without charge or at reduced rates; except that any rates for 
the transportation of household goods for the United States 
Government shall not be predatory.
  [(2) Unless a carrier is advised by the United States 
Government that disclosure of a quotation or tender of a rate 
established under paragraph (1) of this subsection for 
transportation provided to the United States Government would 
endanger the national security, the carrier shall file the 
quoted or tendered rate, including a retroactive rate made 
after the transportation has been provided, concurrently, with 
the Commission and the department, agency, or instrumentality 
of the United States Government for which the quotation or 
tender was made or for which the proposed transportation is to 
be provided. A carrier may quote or tender a rate established 
under an agreement made and approved under section 10706 of 
this title, but the exemption from the antitrust laws provided 
by that section applies only when the filing requirements of 
this paragraph are met.
  [(3) Nothing in this subsection shall limit the Commission's 
authority to suspend and investigate proposed rates for the 
transportation of household goods for the United States 
Government on the basis that such rates constitute predatory 
practices in contravention of the transportation policy set 
forth in section 10101(a) of this title. However, pending final 
Commission action in a proceeding under section 10708 of this 
title to determine whether a proposed rate for the 
transportation of household goods for the United States 
Government under this subsection is predatory or not, the 
Commission may suspend the proposed rate under subsection (b) 
of such section 10708 only if it appears from specific facts 
shown by the verified complaint of a person that--
          [(A) without suspension, the proposed rate will cause 
        substantial injury to the complainant; and
          [(B) it is likely that the complainant will prevail 
        on the merits.
  [(c) A different policy, rule of rate making, system of 
accounting, method of determining costs of transportation, 
value of property, or rate of return may not be applied to a 
water carrier owned or controlled by the United States 
Government than is applied to a water carrier providing 
transportation subject to the jurisdiction of the Commission 
under subchapter III of chapter 105 of this title.

[Sec. 10722. Special passenger rates

  [(a) A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I, II, or III of chapter 105 of this title may 
establish mileage, excursion, and commutation passenger rates 
including joint interchangeable 5,000 mile passenger rates with 
the privilege of carrying an amount of baggage without charge 
for at least 1,000 miles. A carrier that establishes a rate 
under this subsection may issue tickets reflecting that rate. A 
carrier that establishes a joint interchangeable 5,000 mile 
passenger rate shall also establish rules related to that rate 
specifying the amount of baggage that may be carried without 
charge under it.
  [(b) A common carrier providing transportation subject to the 
jurisdiction of the Commission under one of those subchapters 
may establish reduced rates for individuals when the cost of 
that transportation is an expense of an individual who--
          [(1) is a member of the armed forces of the United 
        States or another country when that individual is 
        traveling in uniform on official leave, furlough, or 
        pass; or
          [(2) has been released from the armed forces of the 
        United States not more than 30 days before beginning 
        that transportation and is traveling home or to a 
        prospective place of abode.
  [(c) A common carrier providing transportation subject to the 
jurisdiction of the Commission under one of those subchapters 
may provide transportation without charge for an individual who 
is--
          [(1) a necessary caretaker of livestock, poultry, 
        milk, or fruit;
          [(2) an executive officer, general chairman, or 
        counsel of an employee organization authorized to 
        represent employees of that carrier under chapter 8 of 
        title 45;
          [(3) an employee in charge of the mails when working 
        or traveling to or from work;
          [(4) a newspaper carrier on a train;
          [(5) a baggage agent; or
          [(6) a witness attending a legal investigation in 
        which that carrier has an interest.
  [(d)(1) In this subsection--
          [(A) ``employee of a carrier'' includes an individual 
        who--
                  [(i) is furloughed, pensioned, or not on 
                active duty because of advanced age or 
                infirmity that occurred while the individual 
                was employed by that carrier;
                  [(ii) is being transported for purposes of 
                reemployment by that carrier; or
                  [(iii) was killed while employed by a 
                carrier.
          [(B) ``family'' refers to the family of an individual 
        named in clause (A) of this paragraph and includes the 
        surviving spouse or minor child of an employee who died 
        while employed by a carrier.
  [(2) A common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I, II, or III 
of chapter 105 of this title may provide transportation without 
charge for officers and employees (and their families) of that 
carrier, another carrier (by exchange of passes or tickets), or 
a telegraph, telephone, or cable company. A household goods 
freight forwarder providing service subject to the jurisdiction 
of the Commission under subchapter IV of that chapter may 
provide services related to movement of property for those 
individuals without charge. However, transportation of or 
service provided for, household goods, must be due to a change 
in the place of employment of an officer or employee while 
employed by that carrier.

[Sec. 10723. Charitable purposes

  [(a)(1) A common carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I, II, or III, of chapter 105 of this title may 
provide transportation without charge for--
          [(A) an indigent or homeless individual (including an 
        individual transported by a hospital, charitable 
        organization, or municipal government and the necessary 
        agents employed in that transportation);
          [(B) an individual who is confined to or about to 
        enter or return home after discharge from a--
                  [(i) facility of the Department of Veterans 
                Affairs;
                  [(ii) State home for disabled volunteer 
                soldiers; or
                  [(iii) soldiers' and sailors' home, under an 
                arrangement with the board of managers of that 
                facility;
          [(C) a minister of religion; and
          [(D) an individual who is confined to a hospital or 
        charitable facility.
  [(2) A common carrier providing transportation or service 
subject to the jurisdiction of the Commission under chapter 105 
of this title may provide transportation for property without 
charge or at a reduced rate for--
          [(A) a charitable purpose, including transportation 
        referred to in paragraph (1) of this subsection; or
          [(B) use in a public exhibition.
  [(b)(1) A common carrier subject to the jurisdiction of the 
Commission under subchapter I, II, or III of that chapter may 
provide transportation without charge to an individual who is--
          [(A) engaged only in charitable work;
          [(B) injured in an accident (together with the 
        physicians and nurses attending that individual); or
          [(C) an individual traveling on behalf of a nonprofit 
        organization which provides recreational, housing or 
        other services and benefits for the general welfare of 
        employees of common carriers.
  [(2) That carrier (other than a motor carrier of passengers) 
may also establish a rate and related rule equal to the rate 
charged for the transportation of one individual when that rate 
is for the transportation of--
          [(A) a totally blind individual and an accompanying 
        guide or a dog trained to guide the individual; or
          [(B) a disabled individual and accompanying attendant 
        when required because of the disability.
  [(3) In the case of a motor carrier of passengers, that 
carrier may also establish a rate and related rule equal to the 
rate charged for the transportation of 1 individual when that 
rate is for the transportation of--
          [(A) a totally blind individual and an accompanying 
        guide or a dog trained to guide the individual;
          [(B) a disabled individual and accompanying 
        attendant, or animal trained to assist the individual, 
        or both, when required because of disability; or
          [(C) a hearing-impaired individual and a dog trained 
        to assist the individual.

[Sec. 10724. Emergency rates

  [(a) A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under a 
subchapter I, II, or III of chapter 105 of this title may 
transport passengers without charge to provide relief during 
general emergencies.
  [(b)(1) The Commission may authorize a common carrier 
providing transportation or service subject to its jurisdiction 
under chapter 105 of this title to give reduced rates for 
service and transportation of property to or from an area in 
the United States to provide relief during emergencies. When 
the Commission takes action under this subsection, it must--
          [(A) define the area of the United States in which 
        the reduced rates will apply;
          [(B) specify the period during which the reduced 
        rates are to be in effect; and
          [(C) define the class of persons entitled to the 
        reduced rates.
  [(2) The Commission may specify those persons entitled to 
reduced rates by reference to those persons designated as being 
in need of relief by the United States Government or by a State 
government authorized to assist in providing relief during the 
emergency. The Commission may act under this subsection without 
regard to subchapter II of chapter 103 of this title and 
subchapter II of chapter 5 of title 5.

[Sec. 10725. Special freight forwarder rates

  [(a) A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I, II, or III of chapter 105 of this title may 
establish--
          [(1) assembling rates and related classifications and 
        rules for transportation of less-than-carload or less-
        than-truckload shipments to a place for further 
        movement as part of a carload or truckload shipment; 
        and
          [(2) distribution rates and related classifications 
        and rules for transportation of less-than-carload or 
        less-than-truckload shipments moving from a place to 
        which those shipments have moved as a part of a carload 
        or truckload shipment.
  [(b) A rate and related classification and rule established 
under subsection (a) of this section applies to household goods 
freight forwarders and other persons using common carrier 
transportation under like conditions and may differ from other 
rates and related classifications and rules that 
contemporaneously apply to the same common carrier 
transportation when the difference is justified by a difference 
in the respective conditions under which that transportation is 
used. A rate referred to in subsection (a) (1) or (2) of this 
section may not be established to cover the line-haul 
transportation between the principal concentration place and 
the principal break-bulk place.
  [(c) When establishing a rate, classification, rule, or 
practice, a motor common carrier providing transportation 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title may consider the type of 
property tendered to it by a household goods freight forwarder 
for transportation when the property is in parcels that do not 
exceed 70 pounds in weight or 100 inches in length and girth 
combined. The carrier may establish the lowest rate for the 
transportation that allows it to receive adequate compensation 
for transporting the property.

[Sec. 10726. Long and short haul transportation

  [(a)(1) A carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I or III of chapter 105 of this title (except an 
express carrier) may not charge or receive more compensation 
for the transportation of property of the same kind or of 
passengers--
          [(A) for a shorter distance than for a longer 
        distance over the same line or route in the same 
        direction (the shorter distance being included in the 
        longer distance); or
          [(B) under a through rate than under the total of the 
        intermediate rates it may charge or receive under this 
        chapter.
This paragraph does not authorize a carrier to charge or 
receive equal compensation for transportation over a shorter 
distance than a longer distance.
  [(2) Notwithstanding paragraph (1) of this subsection, a 
carrier operating over a circuitous line or route to or from a 
place in competition with another carrier of the same type that 
operates over a more direct line or route may establish a rate 
(otherwise complying with this chapter) for that transportation 
to meet the rate of the carrier operating over the more direct 
line or route. A rate established for transportation over a 
circuitous route under this subsection is not evidence of the 
compensatory character of rates in other proceedings.
  [(b) In special cases, the Commission may authorize a carrier 
to charge less for transportation over a longer distance than 
it charges for transportation over a shorter distance. The 
Commission may prescribe the extent to which a carrier 
authorized to charge less under this subsection may be granted 
relief from subsection (a) of this section. However, the 
Commission may not authorize a rate--
          [(1) to or from the more distant place unless it is 
        reasonably compensatory; or
          [(2) because of potential water competition not 
        actually in existence.
  [(d) The Commission shall begin a proceeding under subsection 
(b) of this section on application of a carrier. A carrier may 
file a proposed rate with its application, and if the 
application is approved, the Commission shall allow the rate to 
become effective one day after the approval becomes effective.

[Sec. 10728. Separate rates for distinct rail services

  [(a) A rail carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title may, on its own 
initiative or at the request of a shipper or receiver of 
property, establish separate rates for distinct rail services 
to--
          [(1) encourage competition;
          [(2) promote increased reinvestment by rail carriers; 
        and
          [(3) encourage and make easier increased non-railroad 
        investment in the production of rail services.
  [(b) The Commission shall maintain expeditious procedures to 
permit separate rates for distinct rail services to--
          [(1) encourage those services to be priced in 
        accordance with the cash-outlay incurred by the carrier 
        and the demand for them; and
          [(2) enable shippers and receivers to evaluate 
        transportation and related rates and alternatives.

[Sec. 10730. Rates and liability based on value

  [(a) The Interstate Commerce Commission may require or 
authorize a carrier (including a motor common carrier of 
household goods but excluding any other motor common carrier of 
property and excluding any rail carrier) providing 
transportation or service subject to its jurisdiction under 
subchapter I, II, or IV of chapter 105 of this title, to 
establish rates for transportation of property 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, when that value would be reasonable under 
the circumstances surrounding the transportation. A rate may be 
made applicable under this section to livestock only if the 
livestock is valuable chiefly for breeding, racing, show 
purposes, or other special uses. A tariff filed with the 
Commission by a household goods freight forwarder under 
subchapter IV of this chapter shall refer specifically to the 
action of the Commission under this section.
  [(b)(1) Subject to the provisions of paragraph (2) of this 
subsection, a motor common carrier providing transportation or 
service subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title or a freight 
forwarder may, subject to the provisions of this chapter 
(including, with respect to a motor carrier, the general tariff 
requirements of section 10762 of this title), establish rates 
for the transportation of property (other than household goods) 
under which the liability of the carrier or freight forwarder 
for such property is limited to a value established by written 
declaration of the shipper or by written agreement between the 
carrier or freight forwarder and shipper if that value would be 
reasonable under the circumstances surrounding the 
transportation.
  [(2) Before a carrier or freight forwarder may establish a 
rate for any service under paragraph (1) of this subsection, 
the Commission may require such carrier or freight forwarder to 
have in effect and keep in effect, during any period such rate 
is in effect under such paragraph, a rate for such service 
which does not limit the liability of the carrier or freight 
forwarder.
  [(c) A rail carrier providing transportation or service 
subject to the jurisdiction of the Commission under subchapter 
I of chapter 105 of this title may establish rates for 
transportation of property under which the liability of the 
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, and may provide in such 
written declaration or agreement for specified amounts to be 
deducted from any claim against the carrier for loss or damage 
to the property or for delay in the transportation of such 
property.

[Sec. 10731. Investigation of discriminatory rail rates for 
                    transportation of recyclable or recycled materials

  [(a) In this section--
          [(1) ``recyclable material'' means material collected 
        or recovered from waste for a commercial or industrial 
        use whether the collection or recovery follows end 
        usage as a product.
          [(2) ``virgin material'' means raw material including 
        previously unused metal or metal ore, woodpulp or 
        pulpwood, textile fiber or material, or other resource 
        that, through the application of technology, is or will 
        become a source of raw material for commercial or 
        industrial use.
  [(b) When appropriate, the Interstate Commerce Commission 
shall--
          [(1) investigate the rate structure for the 
        transportation of recyclable or recycled materials and 
        competing virgin material by rail carriers providing 
        transportation subject to the jurisdiction of the 
        Commission under subchapter I of chapter 105 of this 
        title and the manner in which that rate structure has 
        been affected by successive general rate increases 
        approved by the Commission for those carriers;
          [(2) determine whether those rate increases affect 
        any part of the rate structure in violation of section 
        10701 or 10741 of this title and order the rate found 
        to be in violation of either of those sections removed 
        from the rate structure; and
          [(3) report to the President and Congress, in each of 
        the annual reports of the Commission for 1978 and 1979, 
        and in other appropriate reports, all proceedings 
        started or completed under this subsection.
  [(c) A determination under subsection (b)(2) of this section 
may be made only after a public hearing. During the hearing, 
the rail carriers have the burden of proving that rate 
increases that affect the rate structure applicable to the 
transportation of those competing materials comply with section 
10701 and 10741 of this title.
  [(d) In cooperation with the Commission, the Secretary of 
Transportation shall maintain a research, development, and 
demonstration program to develop and improve transport terminal 
operations, transport service characteristics, transport 
equipment, and collection and processing methods to facilitate 
the competitive and efficient transportation of recyclable or 
recycled materials by rail carriers providing transportation 
subject to the jurisdiction of the Commission under subchapter 
I of chapter 105 of this title.
  [(e) Notwithstanding any other provision of this subtitle or 
any other law, within 90 days after the effective date of the 
Staggers Rail Act of 1980, all rail carriers providing 
transportation subject to the jurisdiction of the Commission 
under subchapter I of chapter 105 of this title shall take all 
actions necessary to reduce and thereafter maintain rates for 
the transportation of recyclable or recycled materials, other 
than recyclable or recycled iron or steel, at revenue-to-
variable cost ratio levels that are equal to or less than the 
average revenue-to-variable cost ratio that rail carriers would 
be required to realize, under honest, economical, and efficient 
management, in order 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 sufficient to attract and retain capital in amounts 
adequate to provide a sound transportation system in the United 
States. As long as any such rate equals or exceeds such average 
revenue-to-variable cost ratio established by the Commission, 
such rate shall not be required to bear any further rate 
increase. The Commission shall have jurisdiction to issue all 
orders necessary to enforce the requirements of this 
subsection.

[Sec. 10732. Food and grocery transportation

  [(a) 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) 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.

[Sec. 10733. Rates for transportation of recyclable materials

  [(a) A motor carrier of property providing transportation 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title may provide transportation of 
recyclable materials without charge or at a reduced rate.
  [(b) In this section, ``recyclable materials'' means waste 
products for recycling or reuse in the furtherance of 
recognized pollution control programs.

[Sec. 10734. Car utilization

  [In order to encourage more efficient use of freight cars, 
notwithstanding any other provision of this subtitle, rail 
carriers shall be permitted to establish tariffs containing 
premium charges for special services or special levels of 
services not provided in any tariff otherwise applicable to the 
movement. The Commission shall facilitate development of such 
tariffs so as to increase the utilization of equipment.

[Sec. 10735. Household goods rates--estimates; guarantees of service

  [(a)(1) Subject to the provisions of paragraph (2) of this 
subsection, a motor common carrier providing transportation of 
household goods subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title may, subject 
to the provisions of this chapter (including the general tariff 
requirements of section 10762 of this title), establish a rate 
for the transportation of household goods which is based on the 
carrier's written, binding estimate of charges for providing 
such transportation.
  [(2) Any rate established under this subsection must be 
available on a nonpreferential basis to shippers and must not 
result in charges to shippers which are predatory.
  [(b)(1) Subject to the provisions of paragraph (2) of this 
subsection, a motor common carrier providing transportation of 
household goods subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title may, subject 
to the provisions of this chapter (including the general tariff 
requirements of section 10762 of this title) 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 but must be 
contained in the tariff the carrier publishes for such services 
under this subtitle.
  [(2) Before a carrier may establish a rate for any service 
under paragraph (1) of this subsection, the Commission may 
require such carrier to have in effect and keep in effect, 
during any period such rate is in effect under such paragraph, 
a rate for such service which does not guarantee the pickup 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.

                      [SUBCHAPTER III--LIMITATIONS

[Sec. 10741. Prohibitions against discrimination by common carriers

  [(a) A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title may not charge or 
receive from a person a different compensation (by using a 
special rate, rebate, drawback, or another means) for a service 
rendered, or to be rendered, in transportation the carrier may 
perform under this subtitle 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. A common carrier that 
charges or receives such a different compensation for that 
service unreasonably discriminates.
  [(b) A common carrier providing transportation or service 
subject to the jurisdiction of the Commission under chapter 105 
of this title may not subject a person, place, port, or type of 
traffic to unreasonable discrimination. However, subject to 
subsection (c) of this section, this subsection does not apply 
to discrimination against the traffic of another carrier 
providing transportation by any mode.
  [(c) A common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I, II, or III 
of that chapter may not subject a household goods freight 
forwarder providing service subject to the jurisdiction of the 
Commission under subchapter IV of that chapter to unreasonable 
discrimination whether or not the household goods freight 
forwarder is controlled by that carrier.
  [(d) Differences between the rates, classifications, rules, 
and practices of water and rail common carriers in effect for 
their respective types of transportation do not constitute a 
violation of this section or an unfair or destructive 
competitive practice under this subtitle.
  [(e) Differences between rates, classifications, rules, and 
practices of rail carriers providing transportation subject to 
the jurisdiction of the Commission under subchapter I of 
chapter 105 of this title do not constitute a violation of this 
section if such differences result from different services 
provided by rail carriers.
  [(f) This section shall not apply to--
          [(1) contracts approved under section 10713 of this 
        title, other than as provided in subsection 
        (d)(2)(A)(ii) and (d)(2)(B) of such section;
          [(2) surcharges or cancellations under section 10705a 
        of this title;
          [(3) separate rates for distinct rail services under 
        section 10728 of this title;
          [(4) rail rates applicable to different routes; or
          [(5) expenses authorized under section 10751 of this 
        title,
except that with respect to rates described in paragraphs (2), 
(3), and (4), nothing in this subsection shall affect the 
authority of the Commission under this section with respect to 
rate relationships between ports or within the same port.

[Sec. 10742. Facilities for interchange of traffic

  [A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I or III of chapter 105 of this title 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 common carrier under either of those subchapters.

[Sec. 10743. Payment of rates

  [(a) Except as provided in subsection (b) of this section, a 
common carrier (except a pipeline or sleeping car carrier) 
providing transportation or service subject to the jurisdiction 
of the Interstate Commerce Commission under this subtitle shall 
give up possession at destination of property transported by it 
only when payment for the transportation or service is made.
  [(b)(1) Under regulations of the Commission 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 
Commission may provide for weekly or monthly payment for 
transportation provided by motor common carriers and for 
periodic payment for transportation provided by water common 
carriers.
  [(2) Such a carrier (including a motor common 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. 10744. 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, 
motor, or water common carrier under this subtitle. 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--
          [(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 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, 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 or 
express carrier under this subtitle. When the shipper or 
consignor gives written notice, before delivery of the 
property, to the line-haul 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 clause (2) of this subsection on delivery. 
However, if the party gives written notice to the delivering 
carrier before delivery that the party is not the beneficial 
owner of the property and gives the 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 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 carrier 
must bring the action during the period provided in section 
11706(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 water common carrier may bring an action to enforce 
liability under subsection (a) of this section. That carrier 
must bring the action by the end of the 2d year after the claim 
accrues or by end of the 6th month after final judgment against 
it in an action against the consignee or beneficial owner named 
by the consignee by the end of that 2-year period.
  [(3) A rail or express 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 
11706(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. 10745. Continuous carriage of freight

  [A carrier providing transportation or service subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title 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 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 subtitle.

[Sec. 10746. Transportation of commodities manufactured or produced by 
                    a rail carrier

  [A rail carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title may not transport 
from a State or territory or possession of the United States to 
another State, territory, or possession or a foreign country, 
an article or commodity that--
          [(1) is manufactured, mined, or produced by the 
        carrier or under its authority; or
          [(2) is owned by the carrier or in which it has an 
        interest.
However, a rail carrier may transport such an article or 
commodity when it is necessary and intended for use in the 
business of that carrier. This section does not apply to timber 
and products manufactured from timber.

[Sec. 10747. Transportation services or facilities furnished by shipper

  [A carrier providing transportation or service subject to the 
jurisdiction of the Interstate Commerce Commission under 
chapter 105 of this title may publish in a tariff filed with 
the Commission under subchapter IV of this chapter 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 Commission may prescribe the 
maximum reasonable charge or allowance a carrier subject to its 
jurisdiction may pay for a service or instrumentality furnished 
under this section. The Commission may begin a proceeding under 
this section on its own initiative or on application.

[Sec. 10748. Transportation of livestock by rail carrier

  [(a) Transportation entirely by railroad of ordinary 
livestock in carload lots to public stockyards shall include 
necessary services of unloading and reloading in route, 
delivery of inbound shipments at those stockyards into suitable 
pens, and receiving and loading outbound shipments at those 
stockyards. A rail carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title may charge a shipper, 
consignee, or owner an extra amount for those services only if, 
under Commission regulations, the unloading or reloading in 
route is at the request of the shipper, consignee, or owner, to 
try an intermediate market, or to comply with quarantine 
regulations.
  [(b) Subsection (a) of this section does not affect the 
duties and liabilities of a rail carrier in existence on 
February 28, 1920, under a law related to the transportation of 
other than ordinary livestock or the duty of providing 
transportation for shipments other than shipments to or from 
public stockyards.

[Sec. 10749. Exchange of services and limitation on use of common 
                    carriers by household goods freight forwarders

  [(a) A common carrier, or a motor contract carrier of 
property providing transportation or service subject to the 
jurisdiction of the Interstate Commerce Commission under 
chapter 105 of this title may contract with a telephone, 
telegraph, or cable company to exchange services.
  [(b) A household goods freight forwarder providing service 
subject to the jurisdiction of the Commission under subchapter 
IV of chapter 105 of this title may use a carrier, including a 
carrier referred to in this subsection, to transfer, collect, 
or deliver in a terminal area. However, to provide other 
services, a household goods freight forwarder may only use--
          [(1) a rail, express, motor, or water common carrier, 
        or a motor contract carrier of property providing 
        transportation subject to the jurisdiction of the 
        Commission under chapter 105 of this title including--
                  [(A) a motor common carrier providing exempt 
                transportation under section 10525 or 
                10526(a)(8) of this title; or
                  [(B) a water common carrier providing exempt 
                transportation under section 10542(a) of this 
                title or transportation between places in 
                Alaska or Hawaii and between those places and 
                other places in the United States; or
          [(2) an air carrier subject to the jurisdiction of 
        the Secretary of Transportation under part A of 
        subtitle VII of this title.

[Sec. 10750. Demurrage charges

  [A rail carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title 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. 10751. Business entertainment expenses

  [(a) Any business entertainment expense incurred by a person 
providing transportation subject to the jurisdiction of the 
Commission under chapter 105 of this title shall not constitute 
a violation of section 10741 or 10761 of this title if such 
expense would not be unlawful if incurred by a person or 
corporation not subject to such jurisdiction of the Commission.
  [(b) Any business entertainment expense authorized under this 
section that is paid or incurred by a person providing 
transportation subject to the jurisdiction of the Commission 
under chapter 105 of this title shall not be taken into account 
in determining the cost of service or the rate base for 
purposes of this subtitle.
  [(c) Within 180 days after the date of enactment of the Motor 
Carrier Act of 1980, the Commission shall institute a 
rulemaking proceeding pursuant to which it shall issue rules 
establishing appropriate standards and guidelines for 
authorized business entertainment expenses under this section. 
Such standards and guidelines shall be consistent with 
standards and guidelines applicable under existing law to 
persons not subject to this subtitle, including competing 
unregulated surface transportation carriers.

                  [SUBCHAPTER IV--TARIFFS AND TRAFFIC

[Sec. 10761. Transportation prohibited without tariff

  [(a) Except as provided in this subtitle, a carrier providing 
transportation or service subject to the jurisdiction of the 
Interstate Commerce Commission under chapter 105 of this title 
(excluding a motor common carrier providing transportation of 
property, other than household goods, under an individually 
determined rate, classification, rule, or practice, as defined 
in section 10102(13) or in noncontiguous domestic trade) shall 
provide that transportation or service only if the rate for the 
transportation or service is contained in a tariff that is in 
effect under this subchapter, except that a motor carrier of 
property the application of whose rates is determined or 
governed by a tariff on file with the Commission cannot collect 
its rates unless the carrier is a participant in those tariffs. 
A carrier subject to this subsection may not charge or receive 
a different compensation for that transportation or service 
than the rate specified in the tariff whether by returning a 
part of that rate to a person, giving a person a privilege, 
allowing the use of a facility that affects the value of that 
transportation or service, or another device, except that a 
motor carrier of property the application of whose rates are 
determined or governed by a tariff on file with the Commission 
shall issue a power of attorney to the tariff publishing agent 
of such tariff and, upon its acceptance, the agent shall issue 
a notice to the participating carrier certifying its continuing 
participation in such tariff, which certification shall be kept 
open for public inspection.
  [(b) The Commission may grant relief from subsection (a) of 
this section to contract carriers when relief is consistent 
with the public interest and the transportation policy of 
section 10101 of this title. The Commission may begin a 
proceeding under this subsection on application of a contract 
carrier or group of contract carriers and on its own initiative 
for a water contract carrier or group of water contract 
carriers.
  [(c) This section shall not apply to expenses authorized 
under section 10751 of this title.

[Sec. 10762. General tariff requirements

  [(a)(1) A carrier providing transportation or service subject 
to the jurisdiction of the Interstate Commerce Commission under 
chapter 105 of this title (except a motor common carrier) shall 
publish and file with the Commission tariffs containing the 
rates and (A) if a common carrier, classifications, rules and 
practices related to those rates, and (B) if a contract 
carrier, rules and practices related to those rates, 
established under this chapter for transportation or service it 
may provide under this subtitle. A motor common carrier 
(excluding a motor common carrier providing transportation of 
property, other than household goods, under an individually 
determined rate, classification, rule, or practice, as defined 
in section 10102(13), or in noncontiguous domestic trade) shall 
publish and file with the Commission tariffs containing the 
rates for transportation it may provide under this subtitle. 
The Commission may prescribe other information that motor 
common carriers (excluding a motor common carrier providing 
transportation of property, other than household goods, under 
an individually determined rate, classification, rule, or 
practice, as defined in section 10102(13), or in noncontiguous 
domestic trade) shall include in their tariffs. A motor 
contract carrier of property is not required to publish or file 
actual or minimum rates under this subtitle. Except as provided 
in the Negotiated Rates Act of 1993 and the amendments made by 
that Act, nothing in the Trucking Industry Regulatory Reform 
Act of 1994 (and the amendments made by that Act) creates any 
obligation for a shipper based solely on a rate that was on 
file with the Commission or elsewhere on the date of enactment 
of such Act.
    [(2) Carriers that publish tariffs under paragraph (1) of 
this subsection shall keep them open for public inspection. A 
rate contained in a tariff filed by a common carrier providing 
transportation or service subject to the jurisdiction of the 
Commission under subchapter II, III, or IV of chapter 105 shall 
be stated in money of the United States. A tariff filed by a 
motor or water contract carrier or by a household goods freight 
forwarder providing transportation or service subject to the 
jurisdiction of the Commission under subchapter II, III, or IV 
of that chapter, respectively, may not become effective for 30 
days after it is filed.
    [(3) A motor common carrier of property (other than a motor 
common carrier providing transportation of household goods or 
in noncontiguous domestic trade) shall provide to the shipper, 
on request of the shipper, a written or electronic copy of the 
rate, classification, rules, and practices, upon which any rate 
agreed to between the shipper and carrier may have been based. 
When the applicability or reasonableness of the rates and 
related provisions billed by a motor common carrier is 
challenged by the person paying the freight charges, the 
Commission shall determine whether such rates and provisions 
are reasonable or applicable based on the record before it. In 
those cases where a motor common carrier (other than a motor 
common 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 Commission 
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 original bill in order to have the right to collect such 
charges.
    [(4) If a shipper seeks to contest the charges originally 
billed, the shipper may request that the Commission determine 
whether the charges originally billed must be paid. A shipper 
must contest the original bill within 180 days in order to have 
the right to contest such charges.
    [(5) Any tariff on file with the Commission on the date of 
enactment of the Trucking Industry Regulatory Reform Act of 
1994 not required to be filed with the Commission after the 
enactment of that Act is null and void beginning on that date.
  [(b)(1) The Commission shall prescribe the form and manner of 
publishing, filing, and keeping tariffs open for public 
inspection under this section. The Commission may prescribe 
specific charges to be identified in a tariff published by a 
common carrier providing transportation or service subject to 
its jurisdiction under subchapter I, III, or IV of that 
chapter, but those tariffs must identify plainly--
          [(A) the places between which property and passengers 
        will be transported;
          [(B) terminal, storage, and icing charges (stated 
        separately) if a carrier providing transportation 
        subject to the jurisdiction of the Commission under 
        subchapter I of that chapter;
          [(C) terminal charges if a common carrier providing 
        transportation or service subject to the jurisdiction 
        of the Commission under subchapter III or IV of that 
        chapter;
          [(D) privileges given and facilities allowed; and
          [(E) any rules that change, affect, or determine any 
        part of the published rate.
  [(2) A joint tariff filed by a carrier providing 
transportation subject to the jurisdiction of the Commission 
under subchapter I of that chapter shall identify the carriers 
that are parties to it. The carriers that are parties to a 
joint tariff, other than the carrier filing it, must file a 
concurrence or acceptance of the tariff with the Commission but 
are not required to file a copy of the tariff. The Commission 
may prescribe or approve what constitutes a concurrence or 
acceptance.
  [(c)(1) When a common carrier (excluding a motor common 
carrier providing transportation of property other than 
household goods, under an individually determined rate, 
classification, rule, or practice defined in section 10102(13), 
or in a noncontiguous domestic trade) providing transportation 
or service subject to the jurisdiction of the Commission (A) 
under subchapter I of chapter 105 of this title proposes to 
change a rate, or (B) under another subchapter of that chapter 
proposes to change a rate, classification, rule, or practice, 
the carrier shall publish, file, and keep open for public 
inspection a notice of the proposed change as required under 
subsections (a) and (b) of this section.
  [(2) When a contract carrier (except a motor contract carrier 
of property) providing transportation subject to the 
jurisdiction of the Commission under subchapter II or III of 
chapter 105 of this title proposes to establish a new rate or 
to reduce a rate, directly or by changing a rule or practice 
related to the rate or the value of service under the rate, the 
carrier shall publish, file, and keep open for public 
inspection a notice of the new or reduced rate as required 
under subsections (a) and (b) of this section.
  [(3) A notice filed under this subsection shall plainly 
identify the proposed change or new or reduced rate and 
indicate its proposed effective date. In the case of a carrier 
other than a rail carrier, a proposed rate change or a new or 
reduced rate may not become effective for 30 days after the 
notice is published, filed, and held open as required under 
subsections (a) and (b) of this section. In the case of a rail 
carrier and motor common carrier of passengers with respect to 
special or charter transportation, a proposed rate change 
resulting in an increased rate or a new rate shall not become 
effective for 20 days after the notice is published and a 
proposed rate change resulting in a reduced rate shall not 
become effective for 10 days after the notice is published, 
except that a contract authorized under section 10713 of this 
title shall become effective in accordance with the provisions 
of such section. In the case of a motor common carrier of 
passengers, a proposed rate change resulting in an increased 
rate or a new rate applicable to special or charter 
transportation shall not become effective for 30 days after the 
notice is published, and a proposed rate change resulting in a 
reduced rate applicable to special or charter transportation 
shall not become effective for 10 days after the notice is 
published.
  [(d)(1) The Commission may reduce the notice period of 
subsections (a) and (c) of this section if cause exists. The 
Commission may change the other requirements of this section if 
cause exists in particular instances or as they apply to 
special circumstances.
  [(2) The commission may prescribe regulations for the 
simplification of tariffs by carriers providing transportation 
subject to its jurisdiction under subchapter I of chapter 105 
of this title and permit them to change rates, classifications, 
rules, and practices without filing complete tariffs that cover 
matter that is not being changed when the Commission finds that 
action to be consistent with the public interest. Those 
carriers may publish new tariffs that incorporate changes or 
plainly indicate the proposed changes in the tariffs then in 
effect and kept open for public inspection. However, the 
Commission shall require that all rates of rail carriers and 
rail rate-making associations be incorporated in their 
individual tariffs by the end of the 2d year after initial 
publication of the rate, or by the end of the 2d year after a 
change in a rate becomes effective, whichever is later. The 
Commission may extend those periods if cause exists, but if it 
does, it must send a notice of the extension and a statement of 
the reasons for the extension to Congress. A rate not 
incorporated in an individual tariff as required by the 
Commission is void.
  [(e) The Commission may reject a tariff submitted to it by a 
common carrier under this section if that tariff violates this 
section or regulation of the Commission carrying out this 
section.
  [(f) The Commission may grant relief from this section to 
contract carriers when relief is consistent with the public 
interest and the transportation policy of section 10101 of this 
title. The Commission may begin a proceeding under this 
subsection on application of a contract carrier or group of 
contract carriers and on its own initiative for a water 
contract carrier or group of water contract carriers.
  [(g) The Commission shall streamline and simplify, to the 
maximum extent practicable, the filing requirements applicable 
under this section to motor common carriers of property with 
respect to transportation provided under certificates to which 
the provisions of section 10922(b)(4)(E) of this title apply 
and to motor contract carriers of property with respect to 
transportation provided under permits to which the provisions 
of section 10923(b)(5) of this title apply.
  [(h) Customer Account Codes.--No tariff filed by a motor 
carrier of property with the Commission before, on, or after 
the date of the enactment of this subsection may be held 
invalid solely on the basis that a numerical or alpha account 
code is used in such tariff to designate customers or to 
describe the applicability of rates. For transportation 
performed on and after the 180th day following such date of 
enactment, the name of the customer for each account code must 
be set forth in the tariff (other than the tariff of a motor 
carrier providing transportation of household goods).
  [(i) Range Tariffs.--No tariff filed by a motor carrier of 
property with the Commission before, on, or after the date of 
the enactment of this subsection may be held invalid solely on 
the basis that the tariff does not show a specific rate or 
discount for a specific shipment if the tariff is based on a 
range of rates or discounts for specific classes of shipments. 
For transportation performed on or after the 180th day 
following such date of enactment, such a range tariff must 
identify the specific rate or discount from among the range of 
rates or discounts contained in such range tariff which is 
applicable to each specific shipment or must contain an 
objective means for determining the rate.
  [(j) Nothing in this section shall affect the application of 
the provisions of the Negotiated Rates Act of 1993 (or the 
amendments made by that Act) to undercharge claims for 
transportation provided prior to the date of enactment of the 
Trucking Industry Regulatory Reform Act of 1994.

[Sec. 10763. Designation of certain routes by shippers or Interstate 
                    Commerce Commission

  [(a)(1) When a person delivers property to a rail carrier for 
transportation subject to the jurisdiction of the Interstate 
Commerce Commission under subchapter I of chapter 105 of this 
title, the person may direct the 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 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 carrier is a party to those routes and 
        rates.
  [(2) A 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 carrier, that carrier must also 
receive and transport it according to the routing instructions 
and deliver it to the next succeeding carrier or consignee 
according to the instructions.
  [(b) If no direction is made under subsection (a) of this 
section, the Commission may designate the route over which the 
property may be transported after arrival at the end of the 
route of one carrier or at a junction with the route of another 
carrier when the property is to be delivered to another carrier 
for further transportation. The Commission may act under this 
subsection when the public interest and a fair distribution of 
traffic require that action.
  [(c) The Commission may prescribe exceptions to the authority 
of a person to direct the movement of traffic under subsection 
(a) of this section.

[Sec. 10764. Arrangements between carriers: copy to be filed with 
                    Interstate Commerce Commission

  [(a)(1) A common carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title shall file with the 
Commission a copy of each arrangement related to transportation 
affected by this subtitle that the carrier has with another 
common carrier. The Commission may require other carriers and 
brokers subject to its jurisdiction under chapter 105 to file a 
copy of each arrangement related to transportation or service 
affected by this subtitle that they have with other persons.
  [(2) When the Commission finds that filing a class of 
arrangements by a carrier subject to its jurisdiction under 
subchapter I of that chapter is not necessary in the public 
interest, the Commission may except the class from paragraph 
(1) of this subsection.
  [(b) The Commission may disclose the existence or contents of 
an arrangement between a contract carrier and a shipper filed 
under subsection (a) of this section only if the disclosure 
is--
          [(1) limited to those parts of the arrangement that 
        are necessary to indicate the extent of its failure to 
        conform to a tariff then in effect under section 10762 
        of this title; or
          [(2) consistent with the public interest and made as 
        a part of the record in a formal proceeding.

[Sec. 10765. Water transportation under arrangements with certain other 
                    carriers

  [(a) The Interstate Commerce Commission may require a common 
carrier providing transportation or service subject to its 
jurisdiction under chapter 105 of this title that makes an 
arrangement with a water carrier (whether or not subject to its 
jurisdiction under this subtitle) providing transportation from 
a port in the United States to another country for the through 
transportation of property from a place in the interior of the 
United States to another country to make similar arrangements 
with steamship lines that provide transportation from that port 
to that country.
  [(b) A carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 
105 of this title that transports property from a place in the 
United States through another country to a place in the United 
States shall publish and keep open for public inspection 
tariffs as required under section 10762 of this title. The 
tariffs shall identify the through rate established for that 
transportation to the United States from another country to 
which the carrier accepts property for shipment from the United 
States. Unless the through rates are available for public 
inspection under that section, the property is subject to 
customs duties applicable to property produced in another 
country before the property may be admitted to the United 
States.

[Sec. 10766. Freight forwarder traffic agreements

  [(a) A household goods freight forwarder providing service 
subject to the jurisdiction of the Interstate Commerce 
Commission under subchapter IV of chapter 105 of this title may 
agree with another household goods freight forwarder to load 
traffic jointly between places served under this subtitle. 
However, the Commission may cancel, suspend, or require changes 
in the agreement when the Commission finds the agreement is 
inconsistent with the transportation policy of section 10101 of 
this title.
  [(b) A freight forwarder providing service subject to the 
jurisdiction of the Commission under that subchapter may 
contract with motor common carriers, and motor contract 
carriers of property, providing transportation subject to the 
jurisdiction of the Commission under subchapter II of that 
chapter, to provide transportation for the forwarder. A copy of 
that contract must be filed with the Commission. The contract 
may govern use by the household goods freight forwarder of the 
services and instrumentalities of the motor common carrier or 
the motor contract carrier of property and the compensation to 
be paid for the transportation. However, the parties to a 
contract must establish reasonable conditions and compensation 
that are consistent with the transportation policy of section 
10101 of this title and do not unreasonably discriminate 
against a party or another household goods freight forwarder. 
When the Commission finds that a contract, or its conditions or 
compensation, under this subsection is or will be inconsistent 
with this subsection, the Commission shall prescribe consistent 
conditions and compensation.
  [(c) Authority of Freight Forwarders To Enter Into 
Contracts.--A freight forwarder (other than a household goods 
freight forwarder) providing service which, on the day before 
the date of the enactment of the Surface Freight Forwarder 
Deregulation Act of 1986, would have been service subject to 
the jurisdiction of the Commission under subchapter IV of 
chapter 105 of this title may contract with--
          [(1) a rail carrier,
          [(2) a water common carrier providing transportation 
        subject to the Shipping Act, 1916 (46 U.S.C. App. 801-
        842) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 
        App. 843-848),
          [(3) a motor common carrier providing transportation 
        subject to the jurisdiction of the Commission under 
        subchapter II of such chapter,
          [(4) a motor contract carrier of property providing 
        transportation subject to the jurisdiction of the 
        Commission under such subchapter II, and
          [(5) a shipper.
  [(d) The Commission may begin a proceeding under this section 
on its own initiative or on complaint.

[Sec. 10767. Billing and collecting practices

  [(a) Regulations Limiting Reduced Rates.--Not later than 120 
days after the date of the enactment of this section, the 
Commission shall issue regulations that prohibit a motor 
carrier subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title from providing a 
reduction in a rate set forth in its tariff or contract for the 
provision of transportation of property to any person other 
than (1) the person paying the motor carrier directly for the 
transportation service according to the bill of lading, 
receipt, or contract, or (2) an agent of the person paying for 
the transportation.
  [(b) Disclosure of Actual Rates, Charges, and Allowances.--
The regulations of the Commission issued pursuant to this 
section shall require a motor carrier to disclose, when a 
document is presented or transmitted electronically 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 the transportation service and shall 
prohibit any person from causing 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. 
Where 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 for the payment that a reduction, 
allowance, or other adjustment may apply.
  [(c) Payments or Allowances for Certain Services.--The 
regulations issued by the Commission pursuant to this section 
shall not prohibit a motor carrier from making payments or 
allowances to a party to the transaction for services that 
would otherwise be performed by the motor carrier, such as a 
loading or unloading service, if the payments or allowances are 
reasonably related to the cost that such party knows or has 
reason to know would otherwise be incurred by the motor 
carrier.

                  [SUBCHAPTER V--VALUATION OF PROPERTY

[Sec. 10781. Investigation and report by Interstate Commerce Commission

  [(a) The Interstate Commerce Commission shall investigate, 
establish, and report the value of all property owned or used 
by each carrier providing transportation subject to its 
jurisdiction under subchapter I of chapter 105 of this title, 
except a street, suburban, or interurban electric rail carrier 
not operated as a part of a general railroad system of 
transportation. However, the Commission may investigate, 
establish, and report the value of property owned or used by 
such an electric rail carrier when the Commission decides that 
action is desirable in the public interest. When the Commission 
makes an investigation required to be made under this section, 
it must--
          [(1) inventory and list the property of that carrier 
        in detail;
          [(2) indicate the value established under section 
        10782 of this title for that property; and
          [(3) classify the physical property under 
        classifications that conform, as nearly as practicable, 
        to the classification of expenditures prescribed by the 
        Commission for railroads and equipment.
  [(b) Except as provided in subsection (a) of this section, 
the Commission may prescribe--
          [(1) the procedure to be followed when conducting an 
        investigation under this subchapter;
          [(2) the form in which to submit the results of the 
        valuation; and
          [(3) the classification of the elements that make up 
        the established value.
The report for each investigation conducted under this 
subchapter shall indicate the value of the property of each 
common carrier as a whole and separately identify the value of 
its property in each State and territory and possession of the 
United States in which the property is located.

[Sec. 10782. Requirements for establishing value

  [(a) In carrying out an investigation of a common carrier 
required under section 10781 of this title, the Interstate 
Commerce Commission shall--
          [(1) establish, for each piece of property except 
        land owned or used by the carrier as a common carrier, 
        the original cost to date, cost of reproduction new and 
        cost of reproduction less depreciation, and analyze the 
        methods used to establish those costs and the reasons 
        for differences among them;
          [(2) establish other values, and elements of value, 
        of that property and analyze the methods used to 
        establish them and the reasons for differences between 
        them and the cost values established under clause (1) 
        of this subsection;
          [(3) establish separately from improvements, the 
        original cost on the date of dedication to public use, 
        of all lands, rights of way, and terminals owned or 
        used by the carrier as a common carrier and establish 
        their current value;
          [(4) identify property not held by the carrier as a 
        common carrier, its original cost, and current value 
        and analyze the methods of valuation used;
          [(5) establish the amount and value of assistance or 
        grant of right of way made to the carrier, or to a 
        previous corporation that operated its property, by the 
        United States Government or by a State, county, or 
        municipal government, or by an individual, association, 
        or corporation and the amount and value of any 
        concession and allowance made by the United States 
        Government or another of those governments in 
        consideration of that assistance; and
          [(6) identify the grants of land to that carrier, or 
        to a previous corporation that operated its property, 
        by the United States Government, or by a State, county, 
        or municipal government, the amount of money derived 
        from the sale of part of those grants, the value of the 
        unsold parts (established as of the date acquired and 
        currently), and the amount and value of any concession 
        and allowance made by the carrier to the United States 
        Government, or another of those governments, in 
        consideration of that assistance or grant of land.
  [(b) The Commission may prescribe elements to consider in 
establishing the cost to date of property owned or used by a 
carrier. However, in establishing that cost, the Commission 
shall investigate and include in those elements--
          [(1) the history and organization of the corporation 
        that currently operates the property and of previous 
        corporations that also operated that property;
          [(2) increases or decreases of securities during 
        reorganization of that corporation or such a previous 
        corporation;
          [(3) money received through the issuance of 
        securities by that corporation or such a previous 
        corporation;
          [(4) syndicating, banking, and other financial 
        arrangements under which those securities were issued 
        and the expenses thereof;
          [(5) the net and gross earnings of those 
        corporations; and
          [(6) the expenditure of all money and the purposes of 
        those expenditures in as much detail as the Commission 
        determines to be necessary.

[Sec. 10783. Cooperation and assistance of carriers

  [(a) Each common carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title shall cooperate with 
and assist the Commission in valuing property under this 
subchapter. The Commission may order those carriers to--
          [(1) give to the Commission maps, profiles, 
        contracts, engineering reports, and other records to 
        assist it in investigating and establishing the value 
        of that carrier's property; and
          [(2) assist the Commission in valuing property under 
        this subchapter in other ways, including giving its 
        agents free access to its right-of-way, property, and 
        records on request.
  [(b) A rail carrier whose property is being valued under this 
subchapter shall--
          [(1) transport employees of the United States 
        Government who are making surveys and other 
        examinations of the physical property of that carrier 
        in the course of that valuation when reasonably 
        required by them in the actual discharge of their 
        duties;
          [(2) transport and store the cars of the United 
        States Government that are used to house and maintain 
        those employees when reasonably required during the 
        valuation; and
          [(3) transport supplies necessary to maintain those 
        employees and the property of the United States 
        Government actually used on the railroad during the 
        valuation.
  [(c) The transportation required to be provided under 
subsection (b) of this section is considered a special service 
for which the Commission may prescribe the compensation to be 
paid. A rail carrier shall give the Commission an accurate 
accounting of the transportation provided under this section 
when required by the Commission.
  [(d) The Commission shall keep records compiled under this 
subchapter open for public inspection. However, the Commission 
may order those records closed to the public, but must state 
its reasons for closing them.

[Sec. 10784. Revision of property valuations

  [(a) When the Interstate Commerce Commission completes an 
initial valuation of property under this subchapter, it shall 
keep itself informed of new construction, changes in condition, 
quantity, use, and classification of property on which an 
initial valuation was made and the cost of all improvements to, 
and changes in investment, in that property. The Commission may 
keep itself informed of current changes in costs and values of 
railroad property to carry out this section. When necessary, 
the Commission may correct, revise, and supplement an inventory 
or valuation of property it has made.
  [(b) The Commission may order a carrier providing 
transportation subject to the jurisdiction of the Commission 
under subchapter I of chapter 105 of this title to give it 
reports and information needed to carry out this section.

[Sec. 10785. Finality of valuation: notice, protest, and review

  [(a) The Interstate Commerce Commission shall notify the 
carrier, the Attorney General, and the chief executive officer 
of each State in which property being valued under this 
subchapter is located, of the completion of a tentative 
valuation of that property. The Commission may also notify 
other parties. The notice must be sent by certified mail and 
must indicate the valuation established for each of that 
carrier's classes of property. A valuation of property under 
this subchapter becomes final if a protest is not filed within 
30 days after notice of the tentative valuation of that 
property is given. When the tentative valuation becomes final 
under this subsection, the effective date is the date of the 
tentative valuation.
  [(b) When a carrier files a protest of a tentative valuation, 
the Commission shall begin a proceeding to consider the 
protest. If the Commission decides that a tentative valuation 
should be changed, it may make the necessary changes. The 
tentative valuation, as changed, becomes final and is effective 
on the date of the final action of the Commission under this 
subsection.
  [(c) The Commission shall publish final valuations and 
classifications of property established under this subchapter. 
A final valuation or classification that has become effective 
under this subchapter is prima facie evidence of the value of 
the property in a proceeding under this subtitle and in a 
judicial proceeding to enforce, enjoin, set aside, annul, or 
suspend an action of the Commission.
  [(d) When evidence is introduced at the trial of an action 
involving a final valuation of property established by the 
Commission and found by the court to be different from the 
evidence offered to the Commission during a proceeding under 
subsection (b) of this section or in addition to that evidence 
and substantially affecting the valuation, the court shall send 
a copy of that evidence to the Commission and stay further 
proceedings in the action. The court may determine the duration 
of the stay of proceedings. The Commission shall consider the 
evidence and may change the final valuation established under 
this subchapter. The Commission shall complete its action and 
report to the court in the time determined by the court. If the 
Commission changes the valuation, the court must substitute the 
valuation as changed for the original valuation and give its 
judgment on the substituted valuation. If the Commission does 
not change the original valuation, the court must give judgment 
on the original valuation.

[Sec. 10786. Applicability

  [In addition to common carriers providing transportation 
subject to the jurisdiction of the Interstate Commerce 
Commission under subchapter I of chapter 105 of this title, 
this subchapter applies to receivers and operating trustees of 
those carriers.

                        [CHAPTER 109--LICENSING

                  [SUBCHAPTER I--RAILROADS AND FERRIES

[Sec.
[10901. Authorizing construction and operation of railroad lines.
[10902. Authorizing action to provide adequate, efficient, and safe 
          facilities.
[10903. Authorizing abandonment and discontinuance of railroad lines and 
          rail transportation.
[10904. Filing and procedure for applications to abandon or discontinue.
[10905. Offers of financial assistance to avoid abandonment and 
          discontinuance.
[10906. Offering abandoned rail properties for sale for public purposes.
[10907. Exceptions.
[10908. Discontinuing or changing interstate train or ferry 
          transportation subject to State law.
[10909. Discontinuing or changing train or ferry transportation in one 
          State.
[10910. Railroad development.

        [SUBCHAPTER II--OTHER CARRIERS AND MOTOR CARRIER BROKERS

[10921. Requirement for certificate, permit, or license.
[10922. Certificates of motor and water common carriers.
[10923. Permits of motor and water contract carriers and household goods 
          freight forwarders.
[10924. Licenses of motor carrier brokers.
[10925. Effective periods of certificates, permits, and licenses.
[10926. Transfers of certificates and permits.
[10927. Security of motor carriers, brokers, and freight forwarders.
[10928. Temporary authority for motor and water carriers.
[10929. Temporary authority for previously exempt water transportation.
[10930. Limitations on certificates and permits.
[10931. Motor common carriers providing transportation entirely in one 
          State.
[10932. Motor carrier savings provisions.
[10933. Authorizing abandonment of household goods freight forwarder 
          service.
[10934. Household goods agents.
[10935. Discontinuing bus transportation in one State.
[10936. Limitation on State regulation of intrastate passengers by bus.

                  [SUBCHAPTER I--RAILROADS AND FERRIES

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

  [(a) A rail carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title may--
          [(1) construct an extension to any of its railroad 
        lines;
          [(2) construct an additional railroad line;
          [(3) acquire or operate an extended or additional 
        railroad line; or
          [(4) provide transportation over, or by means of, an 
        extended or additional railroad line;
only if the Commission finds that the present or future public 
convenience and necessity require or permit the construction or 
acquisition (or both) and operation of the railroad line.
  [(b) A proceeding to grant authority under subsection (a) of 
this section begins when an application is filed. On receiving 
the application, the Commission shall--
          [(1) send a copy of the application to the chief 
        executive officer of each State that would be directly 
        affected by the construction or operation of the 
        railroad line;
          [(2) send an accurate and understandable summary of 
        the application to a newspaper of general circulation 
        in each area that would be affected by the construction 
        or operation of the railroad line;
          [(3) have a copy of the summary published in the 
        Federal Register;
          [(4) take other reasonable and effective steps to 
        publicize the application; and
          [(5) indicate in each transmission and publication 
        that each interested person is entitled to recommend to 
        the Commission that it approve, deny, or take other 
        action concerning the application.
  [(c)(1) If the Commission--
          [(A) finds public convenience and necessity, it may--
                  [(i) approve the application as filed; or
                  [(ii) approve the application with 
                modifications and require compliance with 
                conditions the Commission finds necessary in 
                the public interest; or
          [(B) fails to find public convenience and necessity, 
        it may deny the application.
  [(2) On approval, the Commission shall issue to the rail 
carrier a certificate describing the construction or 
acquisition (or both) and operation approved by the Commission.
  [(d)(1) Where a rail carrier has been issued a certificate of 
public convenience and necessity by the Commission authorizing 
the construction or extension of a railroad line, no other rail 
carrier may block such construction or extension 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 carriers 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 Commission for determination.
  [(e) The Commission may require any rail carrier proposing 
both to construct and operate a new railroad line pursuant to 
this section to provide a fair and equitable arrangement for 
the protection of the interests of railroad employees who may 
be affected thereby no less protective of and beneficial to the 
interests of such employees than those established pursuant to 
section 11347 of this title.

[Sec. 10902. Authorizing action to provide adequate, and safe 
                    facilities

  [The Interstate Commerce Commission may authorize a rail 
carrier providing transportation subject to the jurisdiction of 
the Commission under subchapter I of chapter 105 of this title 
to take action necessary to provide adequate, efficient, and 
safe facilities to enable the rail carrier to perform its 
obligations under this subtitle, including extension of any of 
the carrier's railroad lines after issuance of a certificate 
under section 10901 of this title. The Commission may authorize 
a rail carrier to act under this section only if it finds that 
the expense involved will not impair the ability of the carrier 
to perform its obligations to the public. The Commission may 
conduct a proceeding on its own initiative or on application of 
an interested party.

[Sec. 10903. Authorizing abandonment and discontinuance of railroad 
                    lines and rail transportation

  [(a) A rail carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title 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 Commission finds that the present or future public 
convenience and necessity require or permit the abandonment or 
discontinuance. In making the finding, the Commission shall 
consider whether the abandonment or discontinuance will have a 
serious, adverse impact on rural and community development.
  [(b)(1) Subject to sections 10904-10906 of this title, if the 
Commission--
          [(A) finds public convenience and necessity, it 
        shall--
                  [(i) approve the application as filed; or
                  [(ii) approve the application with 
                modifications and require compliance with 
                conditions that the Commission finds are 
                required by public convenience and necessity; 
                or
          [(B) fails to find public convenience and necessity, 
        it shall deny the application.
  [(2) On approval, the Commission shall issue to the rail 
carrier a certificate describing the abandonment or 
discontinuance approved by the Commission. Each certificate 
shall also contain provisions to protect the interests of 
employees. The provisions shall be at least as beneficial to 
those interests as the provisions established under sections 
11347 and 24706(c) of this title.

[Sec. 10904. Filing and procedure for applications to abandon or 
                    discontinue

  [(a)(1) An application for a certificate of abandonment or 
discontinuance under section 10903 of this title, and a notice 
of intent to abandon or discontinue, must be filed with the 
Interstate Commerce Commission.
  [(2) When a rail carrier providing transportation subject to 
the jurisdiction of the Commission under subchapter I of 
chapter 105 of this title files an application and notice of 
intent, the notice shall include--
          [(A) an accurate and understandable summary of the 
        rail carrier's application and the reasons for the 
        proposed abandonment or discontinuance;
          [(B) a statement indicating that each interested 
        person is entitled to recommend to the Commission that 
        it approve, deny, or take other action concerning the 
        application; and
          [(C)(i) a statement that the line is available for 
        subsidy or sale in accordance with section 10905 of 
        this title, (ii) a statement that the carrier will 
        promptly provide to each interested party an estimate 
        of the subsidy and minimum purchase price required to 
        keep the line in operation, calculated in accordance 
        with section 10905 of this title and (iii) the name and 
        business address of the person who is authorized to 
        discuss sale or subsidy terms for the carrier.
  [(3) The rail carrier shall--
          [(A) send by certified mail a copy of the notice of 
        intent to the chief executive officer of each State 
        that would be directly affected by the proposed 
        abandonment or discontinuance;
          [(B) post a copy of the notice in each terminal and 
        station on each portion of a railroad line proposed to 
        be abandoned or over which all transportation is to be 
        discontinued;
          [(C) publish a copy of the notice for 3 consecutive 
        weeks in a newspaper of general circulation in each 
        county in which each such portion is located;
          [(D) mail a copy of the notice, to the extent 
        practicable, to all shippers that have made significant 
        use (as designated by the Commission) of the railroad 
        line during the 12 months preceding the filing of the 
        application; and
          [(E) attach to the notice filed with the Commission 
        an affidavit certifying the manner in which clauses 
        (A)-(D) of this paragraph have been satisfied, and 
        certifying that clauses (A)-(D) have been satisfied 
        within the most recent 30 days prior to the date the 
        application is filed.
  [(b) If no protest is received within 30 days after the 
application is filed, the Commission shall find that the public 
convenience and necessity require or permit the abandonment or 
discontinuance. In such a case, the Commission shall, within 45 
days after the application is filed, issue a certificate which 
permits the abandonment or discontinuance to occur within 75 
days after the application is filed.
  [(c)(1) If a protest is received within 30 days after the 
application is filed, the Commission shall, within 45 days 
after the application is filed, determine whether an 
investigation is needed to assist in determining what 
disposition to make of the application.
  [(2) If the Commission decides that no investigation is to be 
undertaken, the Commission shall, within 75 days after the 
application is filed, decide whether the present or future 
public convenience and necessity require or permit the 
abandonment or discontinuance, taking into consideration the 
application of the rail carrier and any materials submitted by 
protestants. If the Commission finds that the present or future 
public convenience and necessity require or permit the 
abandonment, it shall, within 90 days after the date of 
application, issue a certificate which permits the abandonment 
or discontinuance to occur within 120 days after the 
application is filed.
  [(3) If the Commission decides that an investigation should 
be undertaken under this section, the investigation must be 
completed within 135 days, and an initial decision must be 
rendered within 165 days, after the date the application is 
filed. Thirty days after such decision, the initial decision 
shall become the final decision of the Commission unless, 
during the interim, the Commission decides to hear appeals. If 
an initial decision is appealed and considered by the 
Commission, the Commission shall issue a final decision within 
255 days after the date of application. Whenever the Commission 
decides upon investigation that the present or future public 
convenience and necessity require or permit the abandonment or 
discontinuance of rail service, it shall, within 15 days of the 
final decision, issue a certificate which permits the 
abandonment or discontinuance to occur within 75 days of the 
date of the final decision.
  [(4) The effective date of any certificate which permits 
abandonment or discontinuance may be stayed by the Commission 
pursuant to the provisions of section 10905 of this title.
  [(d)(1) The burden is on the person applying for the 
certificate to prove that the present or future public 
convenience and necessity require or permit the abandonment or 
discontinuance.
  [(2) For applications approved by the Secretary of 
Transportation as part of a plan or proposal under section 
333(a)-(d) of this title, the Commission shall consider whether 
any detriment from the abandonment or discontinuance exceeds 
the transportation benefit from the plan or proposal as a 
whole.
  [(e)(1) In this subsection, ``potentially subject to 
abandonment'' has the meaning given the term in regulations of 
the Commission. 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 carrier. The carrier shall submit to the Commission 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 
        carrier plans to file an application for a certificate 
        under subsection (a) of this section.
  [(3) If an application for a certificate is opposed by--
          [(A) a shipper or other person that has made 
        significant use (as determined by the Commission) of 
        the railroad line involved in the proposed abandonment 
        or discontinuance during the 12-month period before the 
        filing of the application for a certificate; or
          [(B) a State or political subdivision of a State in 
        which any part of the railroad line is located;
the Commission may issue a certificate under section 10903 of 
this title only if the railroad line has been described and 
identified in the diagram or amendment to the diagram of the 
rail carrier that was submitted to the Commission at least 4 
months before the date on which the application was filed, 
except that the requirement of such description or 
identification in such diagram may be waived by the Commission 
if the application was approved by the Secretary of 
Transportation as part of a plan or proposal under section 
333(a)-(d) of this title, or the application is filed by a 
railroad in bankruptcy.

[Sec. 10905. Offers of financial assistance to avoid abandonment and 
                    discontinuance

  [(a) In this section--
          [(1) ``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.
          [(2) ``reasonable return'' means--
                  [(A) if a rail carrier is not in 
                reorganization, the cost of capital to the rail 
                carrier, as determined by the Interstate 
                Commerce Commission; and
                  [(B) if a rail carrier is in reorganization, 
                the mean cost of capital of rail carriers not 
                in reorganization, as determined by the 
                Commission.
  [(b) Any rail carrier which has filed an application for a 
certificate of abandonment or discontinuance shall provide 
promptly to a party considering an offer of financial 
assistance and shall provide concurrently to the Commission--
          [(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 Commission may 
        deem necessary to allow a potential offeror to 
        calculate an adequate subsidy or purchase offer.
  [(c) When the Commission finds under section 10903 of this 
title that the public convenience and necessity require or 
permit abandonment or discontinuance of a particular railroad 
line, it shall, concurrently with service of the decision upon 
the parties, publish the finding in the Federal Register. 
Within 10 days following the publication, any person may offer 
to pay the carrier a subsidy or offer to purchase the line. 
Such offer shall be filed concurrently with the Commission. If 
the offer to subsidize or purchase the line is less than the 
carrier's estimate provided under subsection (b)(1) of this 
section, the offer shall explain the basis of the disparity, 
and the manner in which the offer of subsidy or purchase is 
calculated.
  [(d) If, within 15 days after the publication required in 
subsection (c) of this section, the Commission finds that--
          [(1) a financially responsible person (including a 
        governmental authority) has offered financial 
        assistance to enable the rail transportation to be 
        continued over that part of the railroad line to be 
        abandoned or over which all rail transportation is to 
        be discontinued; and
          [(2) it is likely that the assistance would be equal 
        to--
                  [(A) 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; or
                  [(B) the acquisition cost of that part of the 
                railroad line;
the Commission shall postpone the issuance of a certificate 
authorizing abandonment or discontinuance in accordance with 
subsections (e) and (f) of this section.
  [(e) If the carrier and a person offering financial 
assistance enter into an agreement which will provide continued 
rail service, the Commission shall postpone the issuance of the 
certificate for so long as the agreement, or an extension or 
modification of the agreement, is in effect. If the carrier and 
a person offering to purchase a line enter into an agreement 
which will provide continued rail service, the Commission shall 
approve the transaction and dismiss the application for 
abandonment or discontinuance. If the carrier and a financially 
responsible person (including a governmental authority) fail to 
agree on the amount or terms of the subsidy or purchase, either 
party may, within 30 days after the offer is made, request that 
the Commission establish the conditions and amount of 
compensation. If no agreement is reached within 30 days after 
the offer is made and neither party requests that the 
Commission establish the conditions and amount of compensation 
during that same period, the Commission shall immediately issue 
a certificate authorizing the abandonment or discontinuance.
  [(f)(1) Whenever the Commission is requested to establish the 
conditions and amount of compensation under this section--
          [(A) the Commission shall render its decision within 
        60 days;
          [(B) where subsidy has been offered, the Commission 
        shall determine the amount and terms of subsidy based 
        on the avoidable cost of providing continued rail 
        transportation, plus a reasonable return on the value 
        of the line; and
          [(C) where an offer of purchase has been made in 
        order to continue rail service on the line, the 
        Commission shall determine the price and other terms of 
        sale. In no case shall the Commission set a price which 
        is below the fair market value of the line (including, 
        unless otherwise mutually agreed, all facilities on the 
        line or portion necessary to provide effective 
        transportation services).
  [(2) The decision of the Commission 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 
Commission's decision. In such a case, the Commission shall 
immediately issue a certificate authorizing the abandonment or 
discontinuance, unless other offers are being considered 
pursuant to paragraph (3) of this subsection.
  [(3) If a carrier receives more than one offer to purchase or 
subsidize, it shall select the offeror with whom it wishes to 
transact business, and complete the sale or subsidy agreement, 
or request that the Commission establish the conditions and 
amount of compensation prior to the 40th day after the date on 
which notice was published under subsection (c) of this 
section. If no agreement on subsidy or sale is reached within 
the 40-day period and the Commission has not been requested to 
establish the conditions and amount of compensation, any other 
offeror may request that the Commission establish the 
conditions and amount of compensation. If the Commission has 
established the conditions and amount of compensation and the 
original offer has been withdrawn, any other offeror may accept 
the Commission's decision within 20 days of such decision, and 
the Commission shall require the carrier to enter into a sale 
or subsidy agreement with such offeror, if such sale or 
agreement incorporates the Commission's decision.
  [(4) No purchaser of a line or portion of line sold under 
this section may transfer or discontinue service on such line 
prior to the end of the second year after consummation of the 
sale, nor may such purchaser transfer such line, except to the 
carrier from whom it was purchased, prior to the end of the 
fifth year after consummation of the sale.
  [(5) Any subsidy provided under this section may be 
discontinued on notice of 60 days. Unless, within such 60-day 
period, another financially responsible party enters into a 
subsidy agreement at least as beneficial to the carrier as that 
which was or was to be discontinued, the Commission shall, at 
the carrier's request, immediately issue a certificate 
authorizing the abandonment or discontinuance of service on the 
line.

[Sec. 10906. Offering abandoned rail properties for sale for public 
                    purposes

  [When the Interstate Commerce Commission finds under section 
10903 of this title that the present or future public 
convenience and necessity require or permit abandonment or 
discontinuance, the Commission shall find further whether the 
rail properties that are involved in the proposed abandonment 
or discontinuance are suitable for use for public purposes, 
including highways, other forms of mass transportation, 
conservation, energy production or transmission, or recreation. 
If the Commission finds that the rail properties proposed to be 
abandoned are suitable for public purposes, the properties may 
be sold, leased, exchanged, or otherwise disposed of only under 
conditions provided in the order of the Commission. 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. 10907. Exceptions

  [(a) Notwithstanding sections 10901 and 10902 and subchapter 
III of chapter 113 of this title, and without the approval of 
the Interstate Commerce Commission, a rail carrier providing 
transportation subject to the jurisdiction of the Commission 
under subchapter I of chapter 105 of this title may enter into 
arrangements for the joint ownership or joint use of spur, 
industrial, team, switching, or side tracks.
  [(b) The Commission does not have authority under sections 
10901-10906 of this title over--
          [(1) the construction, acquisition, operation, 
        abandonment, or discontinuance of spur, industrial, 
        team, switching, or side tracks if the tracks are 
        located, or intended to be located, entirely in one 
        State; or
          [(2) a street, suburban, or interurban electric 
        railway that is not operated as part of a general 
        system of rail transportation.

[Sec. 10908. Discontinuing or changing interstate train or ferry 
                    transportation subject to State law

  [(a) When a discontinuance or change in any part of the 
transportation of a train or ferry operating between a place in 
a State and a place in another State--
          [(1) is proposed by a carrier providing 
        transportation subject to the jurisdiction of the 
        Interstate Commerce Commission under subchapter I of 
        chapter 105 of this title; and
          [(2) is subject to the law of a State, or to a 
        regulation or order of, or proceeding pending before, a 
        court or other authority of a State;
the carrier, notwithstanding that law, regulation, order, or 
proceeding, may discontinue or change the transportation--
          [(A) if it files a notice of the proposed 
        discontinuance or change with the Commission at least 
        30 days before the discontinuance or change is intended 
        to be effective and carries out the discontinuance or 
        change under that notice;
          [(B) if it mails a copy of the notice to the chief 
        executive officer of each State in which the train or 
        ferry is operated and posts a copy of the notice at 
        each station, depot, or other facility served by the 
        train or ferry; and
          [(C) except as otherwise provided by the Commission 
        under this section.
  [(b) On petition or on its own initiative, the Commission may 
conduct a proceeding on the proposed discontinuance or change 
if it begins the proceeding between the date the carrier files 
the notice under subsection (a) of this section and the date on 
which the discontinuance or change is intended to be effective. 
After the proceeding begins, the Commission may order the 
carrier proposing the discontinuance or change to continue any 
part of the transportation pending completion of the proceeding 
and the decision of the Commission if the Commission serves a 
copy of its order on the carrier at least 10 days before the 
date on which the carrier intended the discontinuance or change 
to be effective. However, the Commission may not order the 
transportation continued for more than 4 months after the date 
on which the carrier intended the discontinuance or change to 
be effective.
  [(c) If, after a proceeding completed either before or after 
the proposed discontinuance or change has become effective, the 
Commission finds that any part of the transportation is 
required or permitted by present or future public convenience 
and necessity and will not unreasonably burden interstate or 
foreign commerce, the Commission may order the carrier to 
continue or restore that transportation for not to exceed one 
year from the date of the Commission order. On expiration of 
the Commission order, the jurisdiction of each State involved 
in the discontinuance or change is no longer superseded except 
to the extent this section is again invoked.

[Sec. 10909. Discontinuing or changing train or ferry transportation in 
                    one State

  [(a) When a carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title has proposed a 
discontinuance or change of any part of the transportation of a 
train or ferry operated by it entirely in one State and--
          [(1) the law of the State prohibits the 
        discontinuance or change;
          [(2) the carrier has requested the State authority 
        having jurisdiction over the discontinuance or change 
        for permission to discontinue or change the 
        transportation and the request has been denied; or
          [(3) the State authority has not acted finally by the 
        120th day after the carrier made the request;
the carrier may petition the Commission for permission to 
discontinue or change the transportation.
  [(b) When a petition is filed under subsection (a) of this 
section, the Commission shall notify the chief executive 
officer of the State in which the train or ferry is operated 
concerning the petition. Before acting on the petition, the 
Commission shall give interested parties a full hearing. If 
such a hearing is requested, the Commission shall give all 
interested parties at least 30 days notice of the hearing and 
shall hold the hearing in the State in which the train or ferry 
is operated. The Commission may cooperate with, and use the 
services, records, and facilities of, the State in carrying out 
this section.
  [(c) The Commission may grant permission to the carrier to 
discontinue or change any part of the transportation if the 
Commission finds that--
          [(1) the present or future public convenience and 
        necessity require or permit the discontinuance or 
        change to be authorized by the Commission; and
          [(2) continuing the transportation, without the 
        proposed discontinuance or change, will constitute an 
        unreasonable burden on the interstate operations of the 
        carrier or on interstate commerce.

[Sec. 10910. Railroad development

  [(a) In this section--
          [(1) ``financially responsible person'' means a 
        person who (A) is capable of paying the constitutional 
        minimum value of the railroad line proposed to be 
        acquired, and (B) is able to assure that adequate 
        transportation will be provided over such line for a 
        period of not less than 3 years. Such term includes a 
        governmental authority but does not include a class I 
        or class II rail carrier.
          [(2) ``railroad line'' means (A) during the 3-year 
        period beginning on the effective date of the Staggers 
        Rail Act of 1980, a line of railroad which carried less 
        than 3,000,000 gross ton miles of traffic per mile in 
        the preceding calendar year, and (B) after the end of 
        such 3-year period, any line of railroad.
  [(b)(1) When the Interstate Commerce Commission 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 10904 of this title, but the 
        rail carrier owning such line has not filed an 
        application to abandon such line under sections 10903 
        and 10904 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, in accordance with regulations required under 
        subsection (k) of this section, by a financially 
        responsible person,
the Commission 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, but 
shall not include the cost of providing a protective 
arrangement under subsection (j) of this section.
  [(c)(1) For purposes of this section, the Commission may 
determine that the public convenience and necessity require or 
permit the sale of a railroad line if the Commission 
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 Commission 
finds under this subsection that the public convenience and 
necessity require or permit the sale of a particular railroad 
line, the Commission 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 Commission 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 Commission 
shall require the acquiring carrier to provide the selling 
carrier reasonable compensation for any such trackage rights.
  [(e) The Commission 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 Commission for joint rates applicable to traffic 
moving over through routes in which the purchasing carrier may 
practicably participate, the Commission 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 subtitle, 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 the effective date of the 
Staggers Rail Act of 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.
  [(j) In the case of any railroad line sold pursuant to this 
section, the Commission shall require the selling carrier to 
provide a fair arrangement at least as protective of the 
interests of employees as that established under section 11347 
of this title.
  [(k) The Commission shall, within 60 days after the effective 
date of the Staggers Rail Act of 1980, prescribe such 
regulations and procedures as may be necessary to carry out the 
provisons of this section.

        [SUBCHAPTER II--OTHER CARRIERS AND MOTOR CARRIER BROKERS

[Sec. 10921. Requirement for certificate, permit, or license

  [Except as provided in this subchapter or another law, a 
person may provide transportation or service subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter III, of chapter 105 of this title or be a broker for 
transportation subject to the jurisdiction of the Commission 
under subchapter II of that chapter, only if the person holds 
the appropriate certificate, permit, or license issued under 
this subchapter authorizing the transportation or service.

[Sec. 10922. Certificates of motor and water common carriers

  [(a) Except as provided in this section and section 10930(a) 
of this title, the Interstate Commerce Commission shall issue a 
certificate to a person authorizing that person to provide 
transportation subject to the jurisdiction of the Commission 
under subchapter III of chapter 105 of this title as a water 
common carrier, if the Commission finds that--
          [(1) the person is fit, willing, and able--
                  [(A) to provide the transportation to be 
                authorized by the certificate; and
                  [(B) to comply with this subtitle and 
                regulations of the Commission; and
          [(2) the transportation to be provided under the 
        certificate is or will be required by the present or 
        future public convenience and necessity.
  [(b)(1) Except as provided in this section, the Commission 
shall issue a certificate to a person authorizing that person 
to provide transportation subject to the jurisdiction of the 
Commission under subchapter II of chapter 105 of this title as 
a motor common carrier of property if the Commission finds that 
the person is able to comply with--
          [(A) this subtitle, the regulations of the 
        Commission, and any safety requirements imposed by the 
        Commission,
          [(B) the safety fitness requirements established by 
        the Secretary of Transportation in consultation with 
        the Commission under section 31144 of this title, and
          [(C) the minimum financial responsibility 
        requirements established by the Commission pursuant to 
        section 10927 of this title.
  [(2) In making a finding under paragraph (1), the Commission 
shall consider and, to the extent applicable, make findings on, 
any evidence demonstrating that the applicant is unable to 
comply with the requirements of subparagraph (A), (B), or (C) 
of that paragraph.
  [(3) The Commission shall find any applicant for authority to 
operate as a motor carrier under this section to be unfit if 
the applicant does not meet the safety and safety fitness 
requirements under paragraph (1)(A) or (1)(B) of this 
subsection and shall deny the application.
  [(4) A person may protest an application under this 
subsection to provide transportation only on the ground that 
the applicant fails or will fail to comply with this subtitle, 
the regulations of the Commission, the safety requirements of 
the Commission, or the safety fitness or minimum financial 
responsibility requirements of paragraph (1) of this 
subsection.
  [(c)(1) except as provided in this section, the Interstate 
Commerce Commission shall issue a certificate to a person 
authorizing that person to provide transportation subject to 
the jurisdiction of the Commission under subchapter II of 
chapter 105 of this title as a motor common carrier of 
household goods if the Commission finds--
          [(A) that the person is fit, willing, and able to 
        provide the transportation to be authorized by the 
        certificate and to comply with this subtitle and 
        regulations of the Commission; and
          [(B) on the basis of evidence presented by persons 
        supporting the issuance of the certificate, that the 
        service proposed will serve a useful public purpose, 
        responsive to a public demand or need;
unless the Commission finds, on the basis of evidence presented 
by persons objecting to the issuance of a certificate, that the 
transportation to be authorized by the certificate is 
inconsistent with the public convenience and necessity.
  [(2) In making a finding under paragraph (1) of this 
subsection, the Commission shall consider and, to the extent 
applicable, make findings on at least the following:
          [(A) the transportation policy of section 10101(a) of 
        this title; and
          [(B) the effect of issuance of the certificate on 
        existing carriers, except that the Commission shall not 
        find diversion of revenue or traffic from an existing 
        carrier to be in and of itself inconsistent with the 
        public convenience and necessity.
  [(3) The Commission may not make a finding relating to public 
convenience and necessity under paragraph (1) of this 
subsection which is based upon general findings developed in 
rulemaking proceedings.
  [(4) Notwithstanding any other provision of law, any motor 
carrier providing transportation of shipments weighing 100 
pounds or less transported in a motor vehicle in which no one 
package exceeds 100 pounds operating one or more commercial 
motor vehicles with a gross vehicle weight rating of 10,000 
pounds or more shall be subject to commercial motor vehicle 
safety regulations promulgated by the Secretary of 
Transportation pursuant to this title with respect to its 
entire operations, including the operations of commercial motor 
vehicles with gross vehicle weight ratings less than 10,000 
pounds.
  [(5) No motor common carrier of household goods may protest 
an application to provide transportation filed under this 
subsection unless--
          [(A)(i) it possesses authority to handle, in whole or 
        in part, the traffic for which authority is applied;
          [(ii) it is willing and able to provide service that 
        meets the reasonable needs of the shippers involved; 
        and
          [(iii) it has performed service within the scope of 
        the application during the previous 12-month period or 
        has, actively in good faith, solicited service within 
        the scope of the application during such period;
          [(B) it has pending before the Commission an 
        application filed prior in time to the application 
        being considered for substantially the same traffic; or
          [(C) the Commission grants leave to intervene upon a 
        showing of other interests that are not contrary to the 
        transportation policy set forth in section 10101(a) of 
        this title.
  [(6) No motor contract carrier of household goods may protest 
an application to provide transportation filed under this 
subsection.
  [(7) The provisions of paragraph (1) of this subsection 
(other than subparagraph (A)) shall not apply to applications 
under this subsection for authority to provide transportation 
for the United States Government of used household goods which 
transportation is incidental to a pack and crate service on 
behalf of the Department of Defense.
  [(d) Motor Common Carriers of Passengers.--
          [(1) Interstate transportation.--
                  [(A) Regular-route transportation.--The 
                Commission shall issue a certificate to a 
                person (including any private recipient of 
                governmental assistance) authorizing that 
                person to provide regular-route transportation 
                subject to the jurisdiction of the Commission 
                under subchapter II of chapter 105 of this 
                title as a motor common carrier of passengers 
                if the Commission finds that the person is fit, 
                willing and able to provide the transportation 
                to be authorized by the certificate and to 
                comply with this subtitle and regulations of 
                the Commission, unless the Commission finds, on 
                the basis of evidence presented by any person 
                objecting to the issuance of the certificate, 
                that the transportation to be authorized by the 
                certificate is not consistent with the public 
                interest.
                  [(B) Special and charter transportation.--
                          [(i) Private recipients of 
                        assistance.--The Commission shall issue 
                        a certificate to a private recipient of 
                        governmental assistance authorizing 
                        that recipient to provide special or 
                        charter transportation subject to the 
                        jurisdiction of the Commission under 
                        subchapter II of chapter 105 of this 
                        title as a motor common carrier of 
                        passengers if the Commission finds that 
                        the recipient is fit, willing, and able 
                        to provide the transportation to be 
                        authorized by the certificate and to 
                        comply with this subtitle and 
                        regulations of the Commission, unless 
                        the Commission funds, on the basis of 
                        evidence presented by any person 
                        objecting to the issuance of the 
                        certificate, that the transportation to 
                        be authorized by the certificate is not 
                        consistent with the public interest.
                          [(ii) Other persons.--The Commission 
                        shall issue a certificate to a person 
                        (other than a private recipient of 
                        governmental assistance) authorizing 
                        that person to provide special or 
                        charter transportation subject to the 
                        jurisdiction of the Commission under 
                        subchapter II of chapter 105 of this 
                        title as a motor common carrier of 
                        passengers if the Commission finds that 
                        the person is fit, willing, and able to 
                        provide the transportation to be 
                        authorized by the certificate and to 
                        comply with this subtitle and 
                        regulations of the Commission.
                  [(C) Public recipients for charter 
                transportation.--The Commission shall issue a 
                certificate to a public recipient of 
                governmental assistance authorizing that 
                recipient to provide special or charter 
                transportation subject to the jurisdiction of 
                the Commission under subchapter II of chapter 
                105 of this title as a motor common carrier of 
                passengers if the Commission finds that--
                          [(i) the recipient is fit, willing, 
                        and able to provide the transportation 
                        to be authorized by the certificate and 
                        to comply with this subtitle and 
                        regulations of the Commission; and
                          [(ii)(I) no motor common carrier of 
                        passengers (other than a motor common 
                        carrier of passengers which is a public 
                        recipient of governmental assistance) 
                        is providing, or is willing and able to 
                        provide, the transportation to be 
                        authorized by the certificate; or
                          [(II) the transportation to be 
                        authorized by the certificate is to be 
                        provided entirely in the area in which 
                        the public recipient provides regularly 
                        scheduled mass transportation services.
                  [(D) Public recipients for regular-route 
                transportation.--The Commission shall issue a 
                certificate to a public recipient of 
                governmental assistance authorizing that 
                recipient to provide regular-route 
                transportation subject to the jurisdiction of 
                the Commission under subchapter II of chapter 
                105 of this title as a motor common carrier of 
                passengers if the Commission finds that the 
                recipient is fit, willing, and able to provide 
                the transportation to be authorized by the 
                certificate and to comply with this subtitle 
                and regulations of the Commission, unless the 
                Commission finds, on the basis of evidence 
                presented by any person objecting to the 
                issuance of the certificate, that the 
                transportation to be authorized by the 
                certificate is not consistent with the public 
                interest.
                  [(E) Treatment of certain public 
                recipients.--Subject to section 10531 of this 
                title, any public recipient of governmental 
                assistance which is providing or seeking to 
                provide transportation of passengers subject to 
                the jurisdiction of the Commission under 
                subchapter II of chapter 105 of this title 
                shall, for purposes of this subtitle, be 
                treated as a person which is providing or 
                seeking to provide transportation of passengers 
                subject to such jurisdiction.
                  [(F) Definitions.--In this subsection--
                          [(i) 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 subclause (I), 
                                (II), (III), or (IV), and
                                  [(VI) any corporation, board, 
                                or other person owned by, 
                                controlled by, or under common 
                                control with, any entity 
                                described in subclause (I), 
                                (II), (III), (IV), or (V),
                        which before, on, or after the date of 
                        the enactment of this paragraph 
                        received governmental financial 
                        assistance for the purchase or 
                        operation of any bus.
                          [(ii) Private recipient of 
                        governmental assistance.--The term 
                        ``private recipient of governmental 
                        assistance'' means any person (other 
                        than a person described in clause (i)) 
                        who before, on, or after the date of 
                        the enactment of this paragraph 
                        received governmental financial 
                        assistance in the form of a subsidy for 
                        the purchase, lease, or operation of 
                        any bus.
          [(2)(A) The Commission shall issue a certificate to a 
        person authorizing that person to provide regular-route 
        transportation entirely in one State as a motor common 
        carrier of passengers if such intrastate transportation 
        is to be provided on a route over which the carrier has 
        authority on the effective date of this subsection to 
        provide interstate transportation of passengers if the 
        Commission finds that the person is fit, willing, and 
        able to provide the intrastate transportation to be 
        authorized by the certificate and to comply with this 
        subtitle and regulations of the Commission, unless the 
        Commission finds, on the basis of evidence presented by 
        any person objecting to the issuance of the 
        certificate, that the transportation to be authorized 
        would directly compete with a commuter bus operation 
        and it would have a significant adverse effect on 
        commuter bus service in the area in which the competing 
        service will be performed.
          [(B) The Commission shall issue a certificate to a 
        person authorizing that person to provide regular-route 
        transportation entirely in one State as a motor common 
        carrier of passengrs if such intrastate transportation 
        is to be provided on a route over which the carrier has 
        been granted authority, or will be granted authority, 
        after the effective date of this section to provide 
        interstate transportation of passengers if the 
        Commission finds that the person is fit, willing, and 
        able to provide the intrastate transportation to be 
        authorized by the certificate and to comply with this 
        subtitle and regulations of the Commission, unless the 
        Commission finds, on the basis of evidence presented by 
        any person objecting to the issuance of the 
        certificate, that the transportation to be authorized 
        is not consistent with the public interest.
          [(C) No State or political subdivision thereof and no 
        interstate agency or other political agency of two or 
        more States shall enact or enforce any law, rule, 
        regulation, standard or other provision having the 
        force and effect of law relating to the provision of 
        pickup and delivery of express packages, newspapers, or 
        mail in a commercial zone if the shipment has had or 
        will have a prior or subsequent movement by bus in 
        intrastate commerce and if a city within the commercial 
        zone, as defined in section 10526(b)(1) of this title, 
        is served by a motor common carrier of passengers 
        providing regular-route transportation of passengers 
        subject to the jurisdiction of the Commission under 
        subchapter II of chapter 105 of this title.
          [(D) Subject to subparagraph (F) of this paragraph, 
        any intrastate transportation authorized by issuance of 
        a certificate under this paragraph shall be deemed to 
        be transportation subject to the jurisdiction of the 
        Commission under subchapter II of chapter 105 of this 
        title. Upon issuance of such certificate, the carrier 
        shall establish initial rates, rules, and practices 
        applicable to such transportation to the same extent 
        and in the same manner as a motor common carrier of 
        passengers providing transportation subject to the 
        jurisdiction of the Commission under such subchapter 
        establishes rates, rules, and practices applicable to 
        such interstate transportation. Any such rate, rule, or 
        practice (including changes thereto) shall be subject 
        to the provisions of chapter 107 of this title as if 
        such rate, rule, or practice were related to interstate 
        transportation.
          [(E) Not later than 30 days after the date on which a 
        motor common carrier of passengers first begins 
        providing transportation entirely in one State pursuant 
        to a certificate issued under this paragraph, the 
        carrier shall take all action necessary to establish 
        under the laws of such State rates, rules, and 
        practices applicable to such transportation.
          [(F) Transportation entirely in one State authorized 
        by issuance of a certificate under this paragraph shall 
        remain subject to the jurisdiction of the Commission, 
        and rates, rules, and practices applicable to such 
        transportation established under subparagraph (D) of 
        this paragraph shall remain in effect, until permanent 
        rates, rules, and practices applicable to such 
        transportation are established under the laws of such 
        State.
          [(G) The Commission shall take final action upon an 
        application filed under subparagraph (A) of this 
        paragraph for authority to provide transportation 
        entirely in one State not later than 90 days after the 
        date the application is filed with the Commission.
          [(H) This paragraph shall not apply to any regular-
        route transportation of passengers provided entirely in 
        one State which is in the nature of a special 
        operation.
          [(I) Notwithstanding subparagraph (F) of this 
        paragraph, intrastate transportation authorized under 
        this paragraph may be suspended or revoked by the 
        Commission under section 10925 of this title.
          [(J) Limitation on intrastate certificates.--Each 
        certificate issued under this paragraph to provide 
        intrastate transportation of passengers on any route 
        shall be subject to a condition which limits the 
        authority of the carrier to provide intrastate 
        transportation service under the certificate only if 
        the carrier provides regularly scheduled interstate 
        transportation service on the route.
          [(3) In making any findings relating to public 
        interest under paragraphs (1) and (2)(B) of this 
        subsection, the Commission shall consider, to the 
        extent applicable--
                  [(A) the transportation policy of section 
                10101(a) of this title;
                  [(B) the value of competition to the 
                traveling and shipping public;
                  [(C) the effect of issuance of the 
                certificate on motor carrier of passenger 
                service to small communities;
                  [(D) whether issuance of the certificate 
                would impair the ability of any other motor 
                common carrier of passengers to provide a 
                substantial portion of the regular-route 
                passenger service which such carrier provides 
                over its entire regular-route system; except 
                that diversion of revenue or traffic from a 
                motor common carrier of passengers in and of 
                itself shall not be sufficient to support a 
                finding that issuance of the certificate would 
                impair the ability of the carrier to provide a 
                substantial portion of the regular-route 
                passenger service which the carrier provides 
                over its entire regular-route system.
                  [(E) the amount and extent of governmental 
                financial assistance which the applicant for 
                the certificate received before, on, or after 
                the date of the enactment of this subparagraph 
                for the purchase or operation of buses.
        In addition, in making any finding relating to public 
        interest under paragraph (1)(D) of this subsection, the 
        Commission shall consider whether or not the person 
        objecting to issuance of the certificate is a motor 
        common carrier of passengers which is providing, or is 
        willing and able to provide, the transportation to be 
        authorized by the certificate.
          [(4) The provisions of paragraph (1) of this 
        subsection relating to the Commission finding that 
        transportation to be authorized by issuance of a 
        certificate is not consistent with the public interest 
        shall not apply to any application under this 
        subsection for authority to provide--
                  [(A) interstate transportation service to any 
                community not regularly served by a motor 
                common carrier of passengers under this 
                section;
                  [(B) interstate transportation service which 
                will be a substitute for discontinued rail or 
                commercial-air passenger service to a community 
                if such discontinuance results in such 
                community not having any rail and commercial-
                air passenger service and if such application 
                is filed within 180 days after such 
                discontinuance becomes effective; and
                  [(C) interstate transportation service to any 
                community with respect to which the only motor 
                common carrier of passengers providing 
                interstate transportation service to such 
                community applies for authority to discontinue 
                providing such interstate service under section 
                10925(b) of this title or applies for 
                permission to discontinue or reduce its level 
                of intrastate service to such community under 
                section 10935 of this title.
          [(5) The Commission may not make any finding under 
        paragraphs (1) and (2) of this subsection which is 
        based upon general findings developed in rulemaking 
        proceedings.
          [(6) The requirement that persons issued certificates 
        under this subsection be fit, willing, and able means 
        safety fitness and proof of minimum financial 
        responsibility under section 18 of the Bus Regulatory 
        Reform Act of 1982.
          [(7) No motor common carrier of passengers may 
        protest an application to provide transportation filed 
        under this subsection or a request to remove an 
        operating restriction under section 10922(i)(4) of this 
        title unless--
                  [(A)(i) it posseses authority to handle, in 
                whole or in part, the traffic for which 
                authority is applied;
                  [(ii) it is willing and able to provide 
                service that meets the reasonable needs of the 
                traveling public; and
                  [(iii) it has performed service within the 
                scope of the application during the previous 
                12-month period or has, actively in good faith, 
                solicited service within the scope of the 
                application during such period;
                  [(B) it has pending before the Commission an 
                application filed prior in time to the 
                application being considered for substantially 
                the same traffic; or
                  [(C) the Commission grants leave to intervene 
                upon a showing of other interests that are not 
                contrary to the transportation policy set forth 
                in section 10101(a) of this title.
          [(8) No motor contract carrier of passengers may 
        protest an application to provide transportation filed 
        under this subsection.
          [(9) For purposes of this section, authority under 
        this subsection to provide special or charter 
        transportation of passengers by motor vehicle includes 
        authority to provide such transportation as round-trip 
        service and as one-way service if such one-way service 
        may be provided as part of a round-trip movement 
        involving the same passengers and air, rail, or water 
        transportation or any combination of air, rail, or 
        water transportation.
    [(e) A person must file an application with the Commission 
for a certificate to provide transportation, as a motor common 
carrier or water common carrier. The Commission may approve any 
part of the application or deny the application. The 
application must--
          [(1) be under oath;
          [(2) contain information required by Commission 
        regulations; and
          [(3) be served on persons designated by the 
        Commission.
  [(f)(1) Subject to section 10927(a) of this title, each 
certificate issued to a person to provide transportation as a 
motor common carrier of household goods or passengers shall 
specify--
          [(A) the transportation to be provided by the 
        carrier;
          [(B) any of the regular routes over which, any of the 
        places between which, and off-route places at which, 
        the carrier may provide transportation; and
          [(C) if transportation is not over regular routes or 
        between specified places, the area in which the carrier 
        may provide transportation.
  [(2) Under regulations of the Commission, a motor common 
carrier may occasionally deviate from the regular routes, or 
the places specified in the certificate, or both.
  [(3) If a motor common carrier transports passengers, the 
Commission may authorize transportation of the passengers only 
over a regular route and between specified places, except to 
the extent the carrier is authorized to provide special or 
charter transportation.
  [(4) A certificate of a motor common carrier to transport 
passengers shall be deemed to include permissive authority to 
transport newspapers, baggage of passengers, express packages, 
or mail in the same motor vehicle with the passengers, or 
baggage of passengers in a separate motor vehicle.
  [(g) Each certificate issued to a person to provide 
transportation as a water common carrier shall specify each 
route over which, and each port between which, the carrier may 
provide transportation.
  [(h)(1) A motor common carrier of household goods or 
passengers may provide transportation under a certificate only 
if the carrier complies with conditions the Commission finds 
are required by public convenience and necessity, including 
conditions--
          [(A) on extending routes of the carrier; and
          [(B) to carry out requirements established by the 
        Commission under this subtitle.
  [(2) The Commission may prescribe necessary conditions under 
which a water common carrier provides transportation, including 
conditions on extending routes of the carrier.
  [(3) The Commission may prescribe conditions when the 
certificate is issued and at any time thereafter. The 
Commission may not prescribe a condition preventing--
          [(A) a motor common carrier or water common carrier 
        from adding to its equipment and facilities or its 
        transportation within the scope of the certificate to 
        satisfy business development and public demand; or
          [(B) a water common carrier, if the carrier has 
        authority to provide transportation over completed 
        parts of a waterway project authorized under law, from 
        extending its transportation over the uncompleted parts 
        of the project when opened for navigation to satisfy 
        business development and public demand.
  [(i) A certificate issued under this section does not confer 
a proprietary or exclusive right to use the public highways or 
public waterways.
  [(j)(1) Not later than 180 days after the date of enactment 
of this subsection, the Commission shall--
          [(A) eliminate gateway restrictions and circuitous 
        route limitations imposed upon motor common carriers of 
        property; and
          [(B) implement, by regulation, procedures to process 
        expeditiously applications of individual motor carriers 
        of property seeking removal of operating restrictions 
        in order to--
                  [(i) reasonably broaden the categories of 
                property authorized by the carrier's 
                certificate or permit;
                  [(ii) authorize transportation or service to 
                intermediate points on the carrier's routes;
                  [(iii) provide round-trip authority where 
                only one-way authority exists;
                  [(iv) eliminate unreasonable or excessively 
                narrow territorial limitations; or
                  [(v) eliminate any other unreasonable 
                restriction that the Commission deems to be 
                wasteful of fuel, inefficient, or contrary to 
                the public interest.
  [(2) The regulations promulgated by the Commission pursuant 
to paragraph (1)(B) of this subsection shall provide for final 
Commission action upon an application not later than 120 days 
after the date the application is filed with the Commission, 
except that in extraordinary circumstances, the Commission may 
extend such deadline for a period of not to exceed 90 
additional days. Such regulations shall also provide for notice 
and the opportunity for interested parties to comment, but need 
not provide for oral evidentiary hearings. In granting or 
denying applications under paragraph (1)(B) of this subsection, 
the Commission shall (A) consider, among other things, the 
impact of the proposed restriction removal upon the consumption 
of energy resources, potential cost savings and improved 
efficiency, and the transportation policy set forth in section 
10101(a) of this title, and (B) give special consideration to 
providing and maintaining service to small and rural 
communities and small shippers.
  [(3) On the effective date of this paragraph, a certificate 
to provide interstate transportation of passengers issued under 
this section shall be deemed to authorize (but not require)--
          [(A) round-trip operations where only one-way 
        authority exists; and
          [(B) special and charter transportation from all 
        points in a political subdivision of a State in any 
        case in which special and charter transportation 
        authority is limited to one or more points of origin in 
        such political subdivision.
  [(4) Upon request of any person issued a certificate to 
provide interstate transportation of passengers under this 
section, the Commission shall within 90 days remove any 
operating restriction imposed on the certificate in order to 
authorize interstate transportation to intermediate points on 
any route covered by the certificate unless the Commission 
finds, on the basis of evidence presented by a person objecting 
to the removal of such an operating restriction, that the 
resulting interstate transportation directly competes with a 
commuter bus operation and will have a significant adverse 
effect on commuter bus service in the area in which the 
competing service will be provided.
  [(k)(1) A person holding (A) a certificate issued under 
subsection (b) of this section to provide transportation as a 
motor common carrier of property, and (B) a permit issued under 
section 10923 of this title to provide transportation as a 
motor contract carrier of property, may transport property 
under the certificate in the same motor vehicle and at the same 
time as property under the permit.
  [(2)(A) Subject to the provisions of this paragraph, a motor 
common carrier of passengers who has authority under this 
section to provide special or charter transportation of 
passengers and to provide regular-route transportation of 
passengers may transport the special or charter passengers in 
the same motor vehicle with regular-route passengers.
  [(B) Subparagraph (A) of this paragraph shall only apply to 
transportation of passengers entirely in a State if the motor 
common carrier of passengers has authority under the laws of 
such State to provide within such State special or charter 
transportation of passengers and regular-route transportation 
of passengers and if the laws of such State and the 
certificate, permit, or other authority under which such 
carrier provides intrastate transportation in such State 
authorizes such carrier to transport special or charter 
passengers in the same motor vehicle with regular-route 
passengers.
  [(C) Special or charter transportation of passengers may only 
be provided under subparagraph (A) of this paragraph in the 
same motor vehicle as regular-route transportation of 
passengers if the mixing of such passengers does not interfere 
with the obligation of the carrier to comply with section 11101 
of this title.
  [(3) Subject to such regulations as the Commission may issue, 
a person who has authority under this section to provide 
charter transportation of passengers may transport groups of 
charter passengers in the same motor vehicle at the same time.
  [(l) A motor common carrier of property may deliver to or 
receive from a rail carrier a trailer moving in trailer-on-
flat-car service at any point on the route of the rail carrier 
if the motor carrier is authorized to serve the origin and 
destination points of the traffic.
  [(m)(1) Except as provided in paragraph (2) of this 
subsection, the Commission, notwithstanding any other provision 
of law (other than such paragraph (2)), shall not issue any 
certificate to any motor common carrier, any permit to any 
motor contract carrier, or any certificate of registration 
under section 10530 of this title to any foreign motor carrier 
or foreign motor private carrier, domiciled in any contiguous 
foreign country or owned or controlled by persons of any 
contiguous foreign country in the four-year period beginning on 
the effective date of this subsection. The President of the 
United States may extend, beyond such four-year period, such 
moratorium or impose such a moratorium with respect to any 
contiguous foreign country or political subdivision thereof 
which substantially prohibits grants of authority to persons 
from the United States to provide transportation by motor 
vehicle for compensation in such foreign country or political 
subdivision.
  [(2)(A) The President of the United States may remove or 
modify, in whole or in part, any moratorium imposed under 
paragraph (1) of this subsection on the issuance of 
certificates or permits if the President determines that such 
removal or modification is in the national interest and 
notifies, in writing, the Congress of such removal or 
modification before the date on which such removal or 
modification is to take effect. In any case in which such 
moratorium applies to a contiguous foreign country or political 
subdivision thereof which substantially prohibits grants of 
authority to persons from the United States to provide 
transportation by motor vehicle for compensation in such 
foreign country or political subdivision, such removal or 
modification shall not take effect before the 60th day 
following the date on which the Congress is notified of such 
removal or modification.
  [(B)(i) Subject to the provisions of this subparagraph, 
during a moratorium imposed under paragraph (1) of this 
subsection with respect to any contiguous foreign country or 
political subdivision thereof, the Commission may issue 
certificates of registration under section 10530 of this 
subtitle to foreign motor carriers and foreign motor private 
carriers domiciled in such country or political subdivision and 
to foreign motor carriers and foreign motor private carriers 
owned or controlled by persons of such country or political 
subdivision.
  [(ii) Subject of clause (iv) of this subparagraph, if the 
person to be issued the certificate of registration during the 
moratorium is a foreign motor carrier domiciled in the foreign 
country or political subdivision or is a foreign motor carrier 
owned or controlled by persons of the foreign country or 
political subdivision, such certificate may only authorize such 
carrier to provide transportation of property (including exempt 
items) by motor vehicle in a municipality in the United States 
which is adjacent to the foreign country or political 
subdivision, in contiguous municipalities in the United States 
any one of which is adjacent to the foreign country or 
political subdivision, or in a zone in the United States that 
is adjacent to, and commercially a part of, the municipality or 
municipalities.
  [(iii) Subject to clause (v) of this subsection, if the 
person to be issued the certificate of registration during the 
moratorium is a foreign motor private carrier domiciled in the 
foreign country or political subdivision or is a foreign motor 
private carrier owned or controlled by persons of the foreign 
country or political subdivision, such certificate may only 
authorize such carrier to provide transportation of property 
(including exempt items) by motor vehicle in a municipality in 
the United States which is adjacent to the foreign country or 
political subdivision, in contiguous municipalities in the 
United States any one of which is adjacent to the foreign 
country or political subdivision, or in a zone in the United 
States that is adjacent to, and commercially a part of, the 
municipality or municipalities.
  [(iv) If the person to be issued the certificate of 
registration during the moratorium is a foreign motor carrier 
domiciled in the foreign country or political subdivision and 
owned or controlled by persons of the United States, such 
certificate may only authorize such carrier to provide 
interstate transportation of property (including exempt items) 
by motor vehicle.
  [(v) If the person to be issued the certificate of 
registration during the moratorium is a foreign motor private 
carrier domiciled in the foreign country or political 
subdivision and owned or controlled by persons of the United 
States, such certificate may only authorize such carrier to 
provide interstate transportation of property (including exempt 
items) by motor vehicle.
  [(vi) In this subparagraph, the terms ``exempt items'' 
``Foreign motor carrier'', ``Foreign motor private carrier'', 
and ``interstate transportation'' have the meanings such terms 
have under section 10530(a) of this title.

[Sec. 10923. Permits of motor and water contract carriers and household 
                    goods freight forwarders

  [(a) Except as provided in this section and section 10930 of 
this title, the Interstate Commerce Commission shall issue a 
permit to a person authorizing the person to provide 
transportation subject to the jurisdiction of the Commission 
under subchapter II or III of chapter 105 of this title as a 
motor contract carrier of household goods or passengers or 
water contract carrier, respectively, or to provide service 
subject to that jurisdiction under subchapter IV of chapter 105 
as a households goods freight forwarder, if the Commission 
finds that--
          [(1) the person is fit, willing, and able--
                  [(A) to provide the transportation or service 
                to be authorized by the permit; and
                  [(B) to comply with this subtitle and 
                regulations of the Commission; and
          [(2) the transportation or service to be provided 
        under the permit is or will be consistent with the 
        public interest and the transportation policy of 
        section 10101 of this title.
  [(b)(1) Except as provided in this section and section 10930 
of this title, the Commission shall issue a permit to a person 
authorizing the person to provide transportation subject to the 
jurisdiction of the Commission under subchapter II of chapter 
105 of this title as a motor contract carrier of property other 
than household goods if the Commission finds that the person is 
able to comply with--
          [(A) this subtitle, the regulations of the 
        Commission, and any safety requirements imposed by the 
        Commission,
          [(B) the safety fitness requirements established by 
        the Secretary of Transportation in consultation with 
        the Commission pursuant to section 31144 of this title, 
        and
          [(C) the minimum financial responsibility 
        requirements established by the Commission pursuant to 
        section 10927 of this title.
  [(2) In deciding whether to approve the application of a 
person for a permit as a motor contract carrier of property 
other than household goods the Commission shall consider any 
evidence demonstrating that the applicant is unable to comply 
with this subtitle, the regulations of the Commission, safety 
requirements of the Commission, or the safety fitness and 
minimum financial responsibility requirements of subsection 
(b)(1).
  [(3) The Commission shall find any applicant for authority to 
operate as a motor carrier of property other than household 
goods under this subsection to be unfit if the applicant does 
not meet the safety and safety fitness requirements of 
paragraph (1)(A) or (1)(B) of this subsection and shall deny 
the application.
  [(4) A person may protest an application under this 
subsection to provide transportation only on the ground that 
the applicant fails or will fail to comply with this subtitle, 
the regulations of the Commission, safety requirements of the 
Commission, or the safety fitness or minimum financial 
responsibility requirements of paragraph (1).
  [(c)(1) A person must file an application with the Commission 
for a permit to provide transportation as a contract carrier or 
to provide service as a households \2\ goods freight forwarder. 
The Commission may approve any part of the application or deny 
the application. The application must--
          [(A) be under oath;
          [(B) contain information required by Commission 
        regulations; and
          [(C) be served on persons designated by the 
        Commission.
  [(2) The provisions of paragraph (2) of subsection (a) of 
this section shall not apply to applications under this section 
for authority to provide transportation as a motor contract 
carrier of passengers. The requirement that persons issued 
permits under the section as motor contract carriers of 
passengers be fit, willing, and able means safety fitness and 
proof of minimum financial responsibility under section 18 of 
the Bus Regulatory Reform Act of 1982.
  [(3) In deciding whether to approve the application of a 
person for a permit as a motor contract carrier of household 
goods, the Commission shall consider--
          [(A) the nature of the transportation proposed to be 
        provided;
          [(B) the effect that granting the permit would have 
        on the protesting carriers if such grant would endanger 
        or impair their operations to an extent contrary to the 
        public interest;
          [(C) the effect that denying the permit would have on 
        the person applying for the permit, its shippers, or 
        both; and
          [(D) the changing character of the requirements of 
        those shippers.
  [(4) No motor carrier of property may protest an application 
to provide transportation as a motor contract carrier of 
household goods filed under this section unless--
          [(A)(i) it possesses authority to handle, in whole or 
        in part, the traffic for which authority is applied;
          [(ii) it is willing and able to provide service that 
        meets the reasonable needs of the shippers involved; 
        and
          [(iii) it has performed service within the scope of 
        the application during the previous 12-month period or 
        has, actively in good faith, solicited service within 
        the scope of the application during such period;
          [(B) it has pending before the Commission an 
        application filed prior in time to the application 
        being considered for substantially the same traffic; or
          [(C) the Commission grants leave to intervene upon a 
        showing of other interests that are not contrary to the 
        transportation policy set forth in section 10101(a) of 
        this title.
  [(5) With respect to applications of persons for permits as 
motor contract carriers of household goods, the Commission may 
not make a finding relating to the public interest under 
subsection (a)(2) of this section which is based upon general 
findings developed in rulemaking proceedings.
  [(6) The Commission may not deny any part of an application 
for a households goods freight forwarder permit filed by a 
corporation controlled by, or under common control with--
          [(A) a common carrier providing transportation 
        subject to the jurisdiction of the Commission under 
        subchapter I, II, or III of chapter 105 of this title, 
        because of the relationship between the corporation and 
        that carrier; and
          [(B) a common carrier providing transportation 
        subject to the jurisdiction of the Commission under 
        subchapter I of chapter 105 only because the service to 
        be provided by the corporation will compete with 
        service, provided by another households \1\ goods 
        freight forwarder subject to subchapter IV of that 
        chapter.
  [(d) Each permit issued to a person--
          [(1) to provide transportation as a motor contract 
        carrier is subject to section 10927(a) of this title 
        and shall specify the transportation to be provided by 
        the carrier;
          [(2) to provide transportation as a water contract 
        carrier shall specify the transportation to be provided 
        by the carrier; and
          [(3) to provide service as a households goods freight 
        forwarder shall specify the nature or general 
        description about which the service is to be provided, 
        the area in which, and the areas between which, the 
        service may be provided by the households goods freight 
        forwarder.
  [(e)(1) The Commission may prescribe necessary conditions 
under which a contract carrier of passengers or household goods 
or households goods freight forwarder provides transportation 
or service, except that in the case of a motor contract carrier 
of property, the Commission may not require such carrier to 
limit its operations to carriage for a particular industry or 
within a particular geographic area. The Commission may 
prescribe the conditions when the permit is issued and at any 
time thereafter.
  [(2) The permit for a motor contract carrier shall specify 
necessary conditions, including in the case of a motor contract 
carrier of passengers, the number of persons, for which the 
carrier may provide transportation--
          [(A) to ensure that the carrier provides 
        transportation as a motor contract carrier and within 
        the scope of the permit; and
          [(B) to carry out requirements established by the 
        Commission under this subtitle.
  [(3) Subject to the permit and its conditions, a motor 
contract carrier may substitute or add to its equipment and 
facilities as requests for its transportation develop. The 
Commission may not prescribe a condition preventing--
          [(A) a water contract carrier from substituting or 
        adding contracts within the scope of the permit to 
        satisfy the requirements of business development and 
        public demand; and
          [(B) a water contract carrier or household goods 
        freight forwarder from adding to its equipment and 
        facilities, and transportation or service, as the case 
        may be, within the scope of the permit to satisfy the 
        requirements of business development and public demand.
  [(f) A motor contract carrier of property may deliver to or 
receive from a rail carrier a trailer moving in trailer-on-
flat-car service at any point on the route of the rail carrier 
if the motor carrier is authorized to serve the origin and 
destination points of the traffic.

[Sec. 10924. Licenses of motor carrier brokers

  [(a) The Interstate Commerce Commission shall issue, subject 
to section 10927(b) of this title, a license to a person 
authorizing the person to be a broker for transportation of 
household goods subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title, if the 
Commission finds that--
          [(1) the person is fit, willing, and able--
                  [(A) to be a broker for transportation to be 
                authorized by the license; and
                  [(B) to comply with this subtitle and 
                regulations of the Commission; and
          [(2) the transportation for which the person is to be 
        a broker will be consistent with the public interest 
        and the transportation policy of section 10101 of this 
        title.
  [(b) The Interstate Commerce Commission shall issue, subject 
to section 10927(b) of this title, a license to a person 
authorizing the person to be a broker for transportation of 
property (other than household goods) subject to the 
jurisdiction of the Commission under subchapter II of chapter 
105 of this title, if the Commission finds that the person is 
fit, willing, and able--
          [(1) to be a broker for transportation to be 
        authorized by the license; and
          [(2) to comply with this subtitle and regulations of 
        the Commission.
  [(c)(1) The broker may provide the transportation itself only 
if the broker also has been issued a certificate or permit to 
provide the transportation under this subchapter. A broker may 
use only the transportation of a motor carrier holding a 
certificate or permit issued under this subchapter.
  [(2) This subsection does not apply to a motor carrier having 
a certificate or permit issued under this subchapter 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 motor carriers holding certificates or permits, or 
with rail, express, or water common carriers.
  [(d) A person must file an application with the Commission 
for a license to be a broker for motor carrier transportation. 
The Commission may approve the application or any part of it, 
or deny the application.
  [(e) Commission regulations shall provide for the protection 
of shippers by motor vehicle, to be observed by brokers.
  [(f) The Commission may impose on brokers for motor carriers 
of passengers such requirements for bonds or insurance or both 
as the Commission determines are needed to protect passengers 
and carriers dealing with such brokers.

[Sec. 10925. Effective periods of certificates, permits, and licenses

  [(a) Each certificate, permit, and license issued under 
section 10922, 10923, or 10924 of this title is effective from 
the date specified in it and remains in effect except as 
otherwise provided in this section.
  [(b) On application of the holder of a certificate, permit, 
or license, the Interstate Commerce Commission may amend or 
revoke any part of the certificate, permit, or license. On 
complaint or on its own initiative and after notice and an 
opportunity for a proceeding, the Commission may suspend, 
amend, or revoke any part of a certificate, permit, or 
license--
          [(1) if a motor carrier, broker, or household goods 
        freight forwarder, for willful failure to comply with 
        this subtitle, a regulation or order of the Commission, 
        or a condition of its certificate, permit, or license; 
        and
          [(2) if a water carrier, for willful failure to 
        comply with section 10701(a) or 11101(a) of this title, 
        a regulation or order of the Commission, or a condition 
        of its certificate or permit.
  [(c)(1) Except on application of the holder, the Commission 
may revoke a certificate or permit of a motor carrier or 
household goods freight forwarder, or a license of a broker, 
only after the Commission has issued an order to the holder 
under section 11701 of this title requiring compliance with 
this subtitle, a regulation of the Commission, or a condition 
of the certificate, permit, or license of the holder, and the 
holder willfully does not comply with the order.
  [(2) Except on application of the holder, the Commission may 
suspend, amend, or revoke a certificate or permit of a water 
carrier only after the Commission has issued an order to the 
holder under section 11701 of this title requiring compliance 
with section 10701(a) or 11101(a) of this title, and the holder 
willfully does not comply with the order.
  [(3) The Commission may act under paragraph (1) or (2) of 
this subsection only after giving the holder of the 
certificate, permit, or license at least 30 days to comply with 
the order.
  [(d)(1) Without regard to subchapter II of chapter 103 of 
this title and subchapter II of chapter 5 of title 5, the 
Commission may suspend a certificate or permit of a motor 
carrier, a permit of a household goods freight forwarder, or a 
license of a broker--
          [(A) if a motor carrier of passengers, motor common 
        carrier of household goods, or broker, for failure to 
        comply with section 10701, 10702, 10761, 10762, 
        10924(e), or 10927 (b) or (d) of this title, or an 
        order or regulation of the Commission prescribed under 
        those sections;
          [(B) if a motor contract carrier of property, for 
        failure to comply with safety requirements of the 
        Commission or the safety fitness requirements pursuant 
        to section 10701, 10924(e), 10927 (b) or (d), or 31144, 
        of this title;
          [(C) if a motor common carrier of property other than 
        household goods, for failure to comply with safety 
        requirements of the Commission or the safety fitness 
        requirements pursuant to section 10701, 10702, 
        10924(e), 10927 (b) or (d), or 31144 of this title; and
          [(D) if a household goods freight forwarder, for 
        failure to comply with section 10762 or 10927 (c) or 
        (d) of this title, or an order or regulation of the 
        Commission prescribed under those sections.
  [(2) Without regard to subchapter II of chapter 103 of this 
title and subchapter II of chapter 5 of title 5, upon petition 
by the Secretary of Transportation, the Commission may suspend 
a certificate or permit of a motor carrier of passengers if the 
Commission finds that such carrier has been conducting unsafe 
operations which are an imminent hazard to public health or 
property.
  [(3) The Commission may suspend the certificate, permit, or 
license only after it gives notice of the suspension to the 
holder at least 15 days before the date the suspension is to 
begin. The suspension remains in effect until the holder 
complies with those applicable sections or, in the case of a 
suspension under paragraph (2) of this subsection, until the 
Commission revokes such suspension.
  [(e)(1) On application of a motor contract carrier who holds 
a permit issued under section 10923 of this title, or on 
complaint of a competing motor common carrier who holds a 
certificate under section 10922 of this title, or on its own 
initiative, if the Commission, after notice and an opportunity 
for a proceeding, determines that the operations under the 
permit or any part thereof--
          [(A) do not conform with the operations of a motor 
        contract carrier; and
          [(B) are those of a motor common carrier;
the Commission may amend or revoke such permit or part thereof 
to conform the operations under such permit or part thereof to 
the operations of a motor contract carrier.
  [(2) The Commission may issue in place of any permit or part 
thereof revoked under this subsection a certificate under 
section 10922 of this title which authorizes the holder of such 
certificate to provide as a motor common carrier the same type 
of transportation between the same points or within the same 
territory as authorized in the permit or part thereof.

[Sec. 10926. Transfers of certificates and permits

  [Except as provided in this subtitle, a certificate or permit 
issued under section 10922 or 10923 of this title--
          [(1) if a certificate or permit of a motor carrier, 
        may be transferred under regulations of the Interstate 
        Commerce Commission;
          [(2) if a certificate or permit of a water carrier, 
        may be transferred under regulations prescribed by the 
        Commission to protect the public interest and to ensure 
        compliance with this subtitle; and
          [(3) if a permit of a household goods freight 
        forwarder, may be transferred under regulations 
        prescribed by the Commission to ensure compliance with 
        this subtitle, if the Commission finds that the person 
        to whom the permit is to be transferred satisfies 
        section 10923 (a) and (b) of this title. However, if 
        the proposed transfer would affect the interests of 
        employees of a household goods freight forwarder, the 
        Commission shall require a fair and equitable 
        arrangement to protect the interests of those employees 
        before the transfer is effective.

[Sec. 10927. Security of motor carriers, brokers, and freight 
                    forwarders

  [(a)(1) The Commission may issue a certificate under section 
10922 or 10530 or a permit under section 10923 only if the 
carrier (including a motor private carrier and a foreign motor 
private carrier) applying for such certificate files with the 
Commission a bond, insurance policy, or other type of security 
approved by the Commission, in an amount not less than such 
amount as the Secretary of Transportation prescribes pursuant 
to, or as is required by, section 30 of the Motor Carrier Act 
of 1980, section 18 of the Bus Regulatory Reform Act of 1982, 
and the laws of the State or States in which the carrier is 
operating, to the extent applicable. The security must be 
sufficient to pay, not more than the amount of the security, 
for each final judgment against the carrier for bodily injury 
to, or death of, an individual resulting from the negligent 
operation, maintenance, or use of motor vehicles under the 
certificate or permit, or for loss or damage to property 
(except property referred to in paragraph (3) of this 
subsection), or both. A certificate or permit remains in effect 
only as long as the carrier satisfies the requirements of this 
paragraph.
  [(2) A motor carrier and a foreign motor private carrier and 
foreign motor carrier (as defined under section 10530(a)) 
operating in the United States when providing transportation 
between places in a foreign country or between a place in one 
foreign country and a place in another foreign country shall 
comply with the requirements of sections 10329 and 10330 that 
apply to a motor carrier providing transportation subject to 
the jurisdiction of the Commission under subchapter II of 
chapter 105 of this title. To protect the public, the 
Commission may require any such motor carrier to file the type 
of security that a motor carrier is required to file under 
paragraph (1) of this subsection.
  [(3) The Commission may require a motor common carrier 
providing transportation under a certificate to file with the 
Commission 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 common carrier as the 
result of transportation provided under this subtitle. A 
carrier required by law to pay a shipper or consignee for loss, 
damage, or default for which a connecting motor common carrier 
is responsible is subrogated, to the extent of the amount paid, 
to the rights of the shipper or consignee under any such 
security.
  [(b) The Commission may issue a broker's license to a person 
under section 10924 of this title only if the person files with 
the Commission a bond insurance policy, or other type of 
security approved by the Commission to ensure that the 
transportation for which a broker arranges is provided. The 
license remains in effect only as long as the broker complies 
with this subsection.
  [(c)(1) The Commission may require a household goods freight 
forwarder providing service under a permit issued under section 
10923 of this title to file with the Commission a bond, 
insurance policy, or other type of security approved by the 
Commission. The security must be sufficient to pay, not more 
than the amount of the security, for each final judgment 
against the household goods 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 subtitle.
  [(2) The Commission may require a household goods freight 
forwarder providing service under a permit or a freight 
forwarder to file with the Commission a bond, insurance policy, 
or other type of security approved by the Commission 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.
  [(d) The Commission may determine the type and amount of 
security filed with it under this section.

[Sec. 10928. Temporary authority for motor and water carriers

  [(a) Without regard to subchapter II of chapter 103 of this 
title and subchapter II of chapter 5 of title 5, the Interstate 
Commerce Commission may grant a water carrier temporary 
authority to provide transportation to a place or in an area 
having, respectively, no water carrier capable of meeting the 
immediate needs of the place or area. Unless suspended or 
revoked, the Commission may grant the temporary authority for 
not more than 180 days. A grant of temporary authority does not 
establish a presumption that permanent authority to provide 
transportation will be granted under this subchapter.
  [(b)(1) Without regard to subchapter II of chapter 103 of 
this title and subchapter II of chapter 5 of title 5, the 
Commission, pursuant to such regulations as the Commission may 
issue, may grant a motor carrier temporary authority to provide 
transportation to a place or in an area having no motor carrier 
capable of meeting the immediate needs of the place or area. 
Unless suspended or revoked, the Commission may grant the 
temporary authority for not more than 270 days. A grant of 
temporary authority does not establish a presumption that 
permanent authority to provide transportation will be granted 
under this subchapter.
  [(2) The Commission shall take final action upon an 
application filed under this subsection no later than 90 days 
after the date the application is filed with the Commission.
  [(c)(1) Without regard to subchapter II of chapter 103 of 
this title and subchapter II of chapter 5 of title 5, the 
Commission, pursuant to such regulations as the Commission may 
issue, may grant a motor carrier emergency temporary authority 
to provide transportation to a place or in an area having no 
motor carrier capable of meeting the immediate needs of the 
place or area if the Commission determines that, due to 
emergency conditions, there is not sufficient time to process 
an application for temporary authority under subsection (b) of 
this section. Unless suspended or revoked, the Commission may 
grant the emergency temporary authority for not more than 30 
days, and the Commission may extend such authority for a period 
of not more than 90 days and, in addition, in the case of a 
motor carrier of passengers, the Commission may extend such 
authority for a period of more than 90 days but not more than 
180 days if no other motor carrier of passengers is providing 
transportation to the place or in the area. A grant of 
emergency temporary authority does not establish a presumption 
that permanent authority to provide transportation will be 
granted under this subchapter.
  [(2) The Commission shall take final action upon an 
application filed under this subsection not later than 15 days 
after the date the application is filed with the Commission.

[Sec. 10929. Temporary authority for previously exempt water 
                    transportation

  [When transportation exempt from the jurisdiction of the 
Interstate Commerce Commission under section 10544(a)-(c) of 
this title becomes subject to the jurisdiction of the 
Commission, the water carrier may continue to provide the 
transportation without a certificate or permit issued under 
this subchapter for a period of 120 days beginning on the day 
the transportation becomes subject to the jurisdiction of the 
Commission. If the carrier applies to the Commission within 
that period for a certificate or permit to provide the 
transportation previously exempt, the Commission shall issue to 
the carrier the appropriate certificate or permit authorizing 
the transportation. The Commission shall issue each such 
certificate and permit without regard to subchapter II of 
chapter 103 of this title and subchapter II of chapter 5 of 
title 5.

[Sec. 10930. Limitations on certificates and permits

  [(a) Except when the Interstate Commerce Commission finds 
good cause consistent with the public interest and the 
transportation policy of section 10101 of this title--
          [(1) a person may not hold both a certificate of a 
        water common carrier and a permit of a water contract 
        carrier issued under this subchapter, to transport 
        property over the same route or in the same area; and
          [(2) if a person controls, is controlled by, or is 
        under common control with, another person, one of them 
        may not hold a certificate of a water common carrier, 
        while the other holds a permit of a water contract 
        carrier, to transport property over the same route or 
        in the same area.
  [(b)(1) A person may not hold a permit of a household goods 
freight forwarder issued under this subchapter if the person is 
a common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I, II, or III 
of chapter 105 of this title.
  [(2) Except for motor vehicle transportation subject to the 
jurisdiction of the Commission under subchapter IV of chapter 
105 of this title by section 10523(a)(2) of this title, a 
permit may not authorize a household goods freight forwarder to 
conduct direct rail, water, or motor carrier transportation 
subject to the jurisdiction of the Commission under subchapter 
I, II, or III of that chapter.
  [(3) Except when the Commission finds that service to be 
provided as a household goods freight forwarder is consistent 
with the public interest and the transportation policy of 
section 10101 of this title, a person may not hold a permit of 
a household goods freight forwarder when--
          [(A) the principal business of the person is 
        manufacturing and selling, or buying and selling, or 
        both manufacturing and selling and buying and selling 
        articles or commodities, and the service of a household 
        goods freight forwarder (or similar assembling, 
        consolidating, and shipping service is provided by the 
        person for its own business) is commonly used to 
        transport the articles or commodities; or
          [(B) the person controls, is controlled by, or is 
        under common control with, a person referred to in 
        clause (A) of this paragraph.

[Sec. 10931. Motor common carriers providing transportation entirely in 
                    one State

  [(a) A motor common carrier may provide transportation 
subject to the jurisdiction of the Interstate Commerce 
Commission under subchapter II of chapter 105 of this title 
without a certificate issued by the Commission under section 
10922 of this title, when--
          [(1) the carrier provides transportation entirely in 
        one State;
          [(2) the carrier is not controlled by, controlling, 
        or under common control with a carrier providing 
        transportation outside the State;
          [(3) the carrier has applied for, and has been 
        issued, a certificate of public convenience and 
        necessity by the State authority having jurisdiction to 
        issue such a certificate, permitting the carrier to 
        provide intrastate transportation by motor vehicle; and
          [(4) the intrastate certificate was issued after, and 
        the certificate states that--
                  [(A) notice was given to interested parties 
                through publication in the Federal Register of 
                the filing of the application by the carrier 
                and the desire of the carrier to provide 
                transportation otherwise under the jurisdiction 
                of the Commission within the limits of the 
                certificate issued by the State authority;
                  [(B) reasonable opportunity to be heard was 
                given; and
                  [(C) the State authority considered and found 
                that the public convenience and necessity 
                require that the carrier be permitted to 
                provide transportation under the jurisdiction 
                of the Commission within limits that do not 
                exceed the scope of the certificate issued by 
                the State authority.
  [(b) An interested party that opposed issuing the certificate 
to a motor common carrier in a proceeding before a State 
authority may petition the Commission for reconsideration of a 
decision of the State authority. On reconsideration, the 
Commission, based on the record before the State authority, may 
affirm, reverse, or change that decision, but only with respect 
to the transportation subject to Commission jurisdiction.
  [(c) The Commission may require, before a motor common 
carrier provides transportation authorized under this section, 
that--
          [(1) a certified copy of the carrier's intrastate 
        certificate and other appropriate information be filed 
        with the Commission; and
          [(2) the carrier comply with applicable requirements 
        established by the Commission.
  [(d)(1) The Commission shall issue a certificate of 
registration to a motor common carrier authorizing the carrier 
to provide transportation under this section. The authority 
granted under the certificate is subject to all other 
applicable provisions of this subtitle. Except as otherwise 
provided in this subsection and subchapter III of chapter 113 
of this title, the certificate of registration may be 
transferred if it is transferred with the intrastate 
certificate. Transfer of the intrastate certificate without the 
certificate of registration revokes the certificate of 
registration.
  [(2) The certificate of registration issued by the Commission 
is valid as long as the motor common carrier provides 
transportation entirely in the State from which it received its 
intrastate certificate and is not controlled by, controlling, 
or under common control with, a carrier providing 
transportation outside the State.
  [(e)(1) On the 180th day after the termination, restriction 
in scope, or suspension of the intrastate certificate, the 
authority granted under this section to provide transportation 
is revoked or likewise restricted unless the intrastate 
certificate is renewed or reissued or the restriction is 
removed by that 180th day.
  [(2) Transportation authorized under this section may be 
suspended or revoked by the Commission under section 10925 of 
this title.

[Sec. 10932. Motor carrier savings provisions

  [(a) Except as specifically provided in a certificate or 
permit, the holder of a motor carrier certificate or permit 
issued as the result of an application filed before September 
2, 1950, authorizing the carrier to provide transportation in 
the United States or between the United States and a foreign 
country (to the extent the transportation is in the United 
States), may provide the transportation between a place in the 
United States and a place in a territory or possession of the 
United States--
          [(1) without being authorized to do so by the 
        Interstate Commerce Commission; and
          [(2) to the same extent and subject to the same 
        conditions of the certificate or permit of the carrier.
  [(b)(1) A motor common carrier providing transportation under 
an intrastate certificate issued by a State and under a 
certificate of registration issued by the Commission under 
section 206(a)(7) of the Interstate Commerce Act (76 Stat. 912) 
that has been in effect since October 15, 1962, may continue to 
provide transportation otherwise subject to the jurisdiction of 
the Commission under subchapter II of chapter 105 of this 
title--
          [(A) if the certificate of the State authorizing 
        intrastate transportation is limited to a specified 
        period of time, only for that period;
          [(B) subject to all other applicable provisions of 
        this subtitle;
          [(C) as long as the carrier provides transportation 
        only in the State issuing the intrastate certificate; 
        and
          [(D) as long as the carrier is not controlled by, 
        controlling, or under common control with, a carrier 
        providing transportation outside the State.
  [(2) Except as provided in subchapter III of chapter 113 of 
this title, the certificate of registration issued by the 
Commission may be transferred if it is transferred with the 
intrastate certificate. Transfer of the intrastate certificate 
without the certificate of registration revokes the certificate 
of registration.
  [(3) On the 180th day after the termination, restriction in 
scope, or suspension of the intrastate certificate, the 
authority granted under the certificate of registration is 
revoked or likewise restricted unless the intrastate 
certificate is renewed or reissued or the restriction is 
removed by that 180th day. The certificate of registration may 
be suspended or revoked by the Commission under section 10925 
of this title.
  [(c) Under regulations of the Commission, a motor common 
carrier transporting passengers under a certificate issued by 
the Commission as the result of an application filed before 
January 2, 1967, or under a reissuance of the operating 
authority provided in the certificate, may provide 
transportation to any place subject to the jurisdiction of the 
Commission under subchapter II of chapter 105 of this title for 
special and chartered parties.
  [(d) The Commission may not prescribe a condition for a motor 
contract carrier permit issued before August 23, 1957, that 
restricts the authority of the carrier--
          [(1) to substitute similar contracts within the scope 
        of the permit; or
          [(2) to add contracts within the scope of the permit, 
        unless the Commission, on its own initiative or on 
        petition of an interested carrier, finds that the scope 
        of the transportation to be provided by the motor 
        contract carrier under any such additional contract is 
        not confined to transportation provided by a motor 
        contract carrier as defined after August 21, 1957.

[Sec. 10933. Authorizing abandonment of household goods freight 
                    forwarder service

  [When a household goods freight forwarder is controlled by, 
or under common control with, a common carrier providing 
transportation subject to the jurisdiction of the Interstate 
Commerce Commission under subchapter I, II, or III of chapter 
105 of this title, the household goods freight forwarder may 
abandon any part of the service it provides subject to the 
jurisdiction of the Commission under subchapter IV of chapter 
105, only if the Commission finds the abandonment is consistent 
with the public interest and the transportation policy of 
section 10101 of this title. On making the finding, the 
Commission shall issue to the household goods freight forwarder 
a certificate describing the abandonment authorized by the 
Commission.

[Sec. 10934. Household goods agents

  [(a) Each motor common carrier providing transportation of 
household goods subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title shall be 
responsible for all acts or omissions of any of its agents 
which relate to the performance of household goods 
transportation services (including accessorial or terminal 
services) subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title and which are within 
the actual or apparent authority of the agent from the carrier 
or which are ratified by the carrier.
  [(b) Each motor common carrier providing transportation of 
household goods subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title shall use due 
diligence and reasonable care in selecting and maintaining 
agents who are sufficiently knowledgeable, fit, willing, and 
able to provide adequate household goods transportation 
services (including accessorial and terminal services) and to 
fulfill the obligations imposed upon them by this subtitle and 
by such carrier.
  [(c)(1) Whenever the Commission 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 common 
carrier providing transportation of household goods subject to 
the jurisdiction of the Commission under subchapter II of 
chapter 105 of this title has violated section 11901(k) or 
11917 of this title or is consistently not fit, willing, and 
able to provide adequate household goods transportation 
services (including accessorial and terminal services), it may 
issue to such agent a complaint stating the charges and 
containing notice of the time and place of a hearing which 
shall be held no later than 60 days after service of the 
complaint to such agent.
  [(2) Such agent shall have the right to appear at such 
hearing and rebut the charges contained in the complaint.
  [(3) If such person does not appear at the hearing or if the 
Commission finds that the agent has violated section 11901(k) 
or 11917 of this title or is consistently not fit, willing, and 
able to provide adequate household goods transportation 
services (including accessorial and terminal services), it may 
issue an order to compel compliance with the requirement that 
the agent be fit, willing, and able. Thereafter, the Commission 
may issue an order to limit, condition, or prohibit such agent 
from any involvement in the transportation or provision of 
services incidental to the transportation of household goods 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title if, after notice and an 
opportunity for a hearing, it finds that such agent, within a 
reasonable time after the date of issuance of a compliance 
order under this section, but in no event less than 30 days 
after such date of issuance, has willfully failed to comply 
with such order.
  [(4) Upon filing of a petition with the Commission by an 
agent who is the subject of an order issued pursuant to the 
second sentence of paragraph (3) of this subsection and after 
notice, a hearing shall be held with an opportunity to be 
heard. At such hearing, a determination shall be made whether 
the order issued pursuant to paragraph (3) of this subsection 
should be rescinded.
  [(5) Any agent adversely affected or aggrieved by an order of 
the Commission issued under this subsection may seek relief in 
the appropriate United States court of appeals as provided by 
an in the manner prescribed in chapter 158 of title 28, United 
States Code.
  [(d) The antitrust laws, as defined in the first section of 
the Clayton Act (15 U.S.C. 12), do not apply to discussions or 
agreements between a motor common carrier providing 
transportation of household goods subject to the jurisdiction 
of the Commission under subchapter II of chapter 105 of this 
title and its agents (whether or not an agent is also a 
carrier) related solely to (1) rates for the transportation of 
household goods under the authority of the principal carrier, 
(2) accessorial, terminal, storage, or other charges for 
services incidental to the transportation of household goods 
transported under the authority of the principal carrier, (3) 
allowances relating to transportation of household goods under 
the authority of the principal carrier, and (4) ownership of a 
motor common carrier providing transportation of household 
goods subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title by an agent or 
membership on the board of directors of any such motor common 
carrier by an agent.

[Sec. 10935. Discontinuing bus transportation in one State

  [(a) When a motor common carrier of passengers having 
intrastate authority under the laws of a State, and interstate 
authority under a certificate issued under section 10922 of 
this title, to provide transportation over any route to any 
point in such State has proposed to discontinue providing 
transportation over such route to such point or to reduce its 
level of service over such route to such point to a level which 
is less than one trip per day (excluding Saturdays and Sundays) 
and the carrier has requested the department, agency, or 
instrumentality of such State having jurisdiction over granting 
such discontinuance or reduction for permission to discontinue 
such intrastate transportation or to reduce its level of 
service to a level which is less than one trip per day 
(excluding Saturdays and Sundays) and the request has been 
denied (in whole or in part) or such department, agency, or 
instrumentality has not acted finally (in whole or in part) on 
the request by the 120th day after the carrier made the 
request, the carrier may petition the Commission for such 
permission.
  [(b) When a petition is filed under subsection (a) of this 
section, the carrier shall certify that he has notified (1) the 
Governor of the State in which such transportation is provided, 
(2) the State authority having jurisdiction over granting 
discontinuances of transportation by motor common carriers of 
passengers and reductions in levels of service by such 
carriers, (3) local governments having jurisdiction over areas 
which would be affected if such petition is granted, and (4) 
such other interested persons as the Commission may specify by 
regulation.
  [(c) Any person (including a department, agency, or 
instrumentality of a State or local government) may object to 
the Commission to the granting of permission to any motor 
common carrier of passengers to discontinue or reduce 
transportation under this section.
  [(d) If no person objects under subsection (c) of this 
section to the granting of permission to discontinue or reduce 
transportation under this section within 20 days after the 
carrier files with the Commission the petition for such 
discontinuance or reduction, the Commission shall grant such 
permission at the end of such 20-day period.
  [(e)(1)(A) Subject to paragraph (3) of this subsection, if, 
within 20 days after a carrier files a petition for permission 
to discontinue providing intrastate transportation over any 
route to any point or to reduce its level of service over such 
route to such point to a level which is less than one trip per 
day (excluding Saturdays and Sundays), any person objects under 
subsection (c) of this section to the Commission to the 
granting of such permission, the Commission shall grant such 
permission unless the Commission finds, on the basis of 
evidence presented by the person objecting to the granting of 
such permission, that such discontinuance or reduction is not 
consistent with the public interest or that continuing the 
transportation, without the proposed discontinuance or 
reduction, will not constitute an unreasonable burden on 
interstate commerce.
  [(B) This paragraph shall apply to intrastate transportation 
of passengers which is being provided by a motor common carrier 
of passengers on a route over which such carrier was granted, 
on or before August 1, 1982, authority to provide interstate 
transportation of passengers.
  [(2)(A) Subject to paragraph (3) of this subsection, if, 
within 20 days after a carrier files a petition for permission 
to discontinue providing intrastate transportation over any 
route to any point or to reduce its level of service over such 
route to such point to a level which is less than one trip per 
day (excluding Saturdays and Sundays), any person objects under 
subsection (c) of this section to the Commission to the 
granting of such permission, the Commission shall grant such 
permission unless the Commission finds, on the basis of 
evidence presented by the person objecting to the granting of 
such permission, that continuing the transportation, without 
the proposed discontinuance or reduction, will not constitute 
an unreasonable burden on interstate commerce. For the purposes 
of this paragraph, continuance of the transportation would not 
constitute an unreasonable burden on interstate commerce only 
if discontinuance or reduction of such transportation is not 
consistent with the public interest and the interstate and 
intrastate revenues from such service under reasonable pricing 
practices are not less than the variable costs of providing the 
transportation proposed to be discontinued or reduced.
  [(B) This paragraph shall apply to intrastate transportation 
of passengers which is being provided by a motor common carrier 
of passengers on a route over which such carrier was granted 
after August 1, 1982, and before the effective date of this 
section, or is granted on or after such effective date, 
authority to provide interstate transportation of passengers.
  [(3) The Commission shall only grant permission to a carrier 
to discontinue intrastate transportation over any route to any 
point under this subsection if such carrier has applied for 
authority to discontinue its interstate transportation over 
such route to such point under section 10925(b) of this title 
and the Commission has granted or will grant such authority.
  [(4) If any person objects under subsection (c) of this 
section to the granting of permission to discontinue or reduce 
transportation under this section within 20 days after the 
carrier files with the Commission the petition for such 
discontinuance or reduction, the carrier, within 15 days after 
the filing of such objection with the Commission, shall furnish 
to the Commission and to objecting persons--
          [(A) an estimate of the annual subsidy required, if 
        any, to continue the service;
          [(B) traffic, revenue, and other data necessary to 
        determine the amount of annual financial assistance, if 
        any, which would be required to continue the service; 
        and
          [(C) such other information as the Commission may 
        require by regulation.
The Commission shall take final action upon such petition not 
later than 90 days after the date the carrier files such 
petition.
  [(f) Before a discontinuance or reduction in level of service 
proposed in a petition filed by a carrier under subsection (a) 
of this section has become effective, the Commission may order 
the carrier to continue any part of the intrastate 
transportation in not to exceed the 165-day period beginning on 
the date the carrier files such petition with the Commission.
  [(g)(1) In making a finding under subsection (e)(1) of this 
section the Commission shall accord great weight to the extent 
to which interstate and intrastate revenues received for 
providing the transportation proposed to be discontinued or 
reduced are less than the variable costs of providing such 
transportation, including depreciation for revenue equipment. 
For purposes of the preceding sentence, the carrier filing a 
petition for permission to discontinue or reduce service shall 
have the burden of proving the amount of the interstate and 
intrastate revenues received for providing the transportation 
and the variable costs of providing the transportation.
  [(2) In making a finding under subsection (e)(1) or (e)(2) of 
this section, the Commission shall consider, to the extent 
applicable, at least--
          [(A) the national transportation policy of section 
        10101 of this title;
          [(B) whether the motor common carrier of passengers 
        has received an offer of, or is receiving, financial 
        assistance to provide the transportation to be 
        discontinued or reduced from a financially responsible 
        person (including a governmental authority); and
          [(C) in the case of a petition to discontinue 
        transportation to any point, whether the transportation 
        is the last motor carrier of passenger service to such 
        point and whether a reasonable alternative to such 
        service is available.
  [(h) No State or political subdivision thereof and no 
interstate agency or other agency of two or more States shall 
enact or enforce any law, rule, regulation, standard, or other 
provision having the force and effect of law relating to 
discontinuance or reduction in the level of intrastate service 
by a motor common carrier of passengers subject to the 
jurisdiction of the Commission under subchapter II of chapter 
105 of this title corresponding to an interstate service 
initiated pursuant to the provisions of section 10922(c)(4) of 
this title, except to the extent that notice of discontinuance 
or reduction in service, not in excess of 30 days, may be 
required.
  [(i) This section shall not apply to any carrier owned or 
controlled by a State or local government.

[Sec. 10936. Limitation on State regulation of intrastate passengers by 
                    bus

  [A State or political subdivision of a State may not enforce 
any law or regulation relating to intrastate fares for the 
transportation of passengers by bus by an interstate motor 
carrier of passengers over a route authorized by the 
Commission.

                  [CHAPTER 111--OPERATIONS OF CARRIERS

                   [SUBCHAPTER I--GENERAL REQUIREMENTS

[Sec.

[11101. Providing transportation and service.
[11102. Classification of carriers.
[11103. Use of terminal facilities.
[11104. Switch connections and tracks.
[11105. Protective services.
[11106. Identification of motor vehicles.
[11107. Leased motor vehicles.
[11108. Water carriers subject to unreasonable discrimination in foreign 
          transportation.
[11109. Loading and unloading motor vehicles.
[11110. Household goods carrier operations.
[11111. Use of citizen band radios on buses.

                       [SUBCHAPTER II--CAR SERVICE

[11121. Criteria.
[11122. Compensation and practice.
[11123. Situations requiring immediate action.
[11124. Rerouting traffic on failure of rail carrier to serve the 
          public.
[11125. Directed rail transportation.
[11126. Distribution of coal cars.
[11127. Service of household goods freight forwarders.
[11128. 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 carriers, lessors, and associations.

                [SUBCHAPTER IV--RAILROAD COST ACCOUNTING

[11161. Railroad Accounting Principles Board.
[11162. Cost accounting principles.
[11163. Implementation of cost accounting principles.
[11164. Certification of rail carrier cost accounting systems.
[11165. Cost availability.
[11166. Accounting and cost reporting.
[11167. Report.
[11168. Authorization of appropriations.

                  [SUBCHAPTER I--GENERAL REQUIREMENTS

[Sec. 11101. Providing transportation and service

  [(a) A common carrier providing transportation or service 
subject to the jurisdiction of the Interstate Commerce 
Commission under chapter 105 of this title shall provide the 
transportation or service on reasonable request. In addition, a 
motor common carrier shall provide safe and adequate service, 
equipment, and facilities. A rail carrier shall not be found to 
have violated this section because it fulfills its commitments 
under contracts approved under section 10713 of this title 
before responding to reasonable requests for service.
  [(b) The Commission may prescribe requirements for continuous 
and adequate transportation and service provided by motor 
common carriers and household goods freight forwarders subject 
to the jurisdiction of the Commission under subchapters II and 
IV of chapter 105 of this title and for transportation of 
baggage and express by such motor common carriers of 
passengers.
  [(c) The Commission may not regulate the duration of, or the 
amount of compensation payable under, an arrangement between a 
motor carrier and another party to use, with a driver, a motor 
vehicle not owned by that carrier to transport property when--
          [(1) the motor vehicle--
                  [(A) to be used is that of (i) a farmer or a 
                cooperative association or a federation of 
                cooperative associations under section 10526(a) 
                (4) or (5) of this title, or (ii) a motor 
                private carrier and it is used regularly in the 
                transportation of property referred to in 
                section 10526(a)(6) of this title, or 
                perishable products manufactured from 
                perishable property referred to in that 
                section; and
                  [(B) is to be used by the carrier in a single 
                movement or in one or more of a series of 
                movements, loaded or empty, in the general 
                direction of the general area where the motor 
                vehicle is based; or
          [(2) the motor vehicle to be used has completed a 
        movement exempt under section 10526(a)(6) of this title 
        and is next to be used by that carrier in a loaded 
        movement in any direction or in a movement referred to 
        in clause (1)(B) of this subsection, or both.
  [(d) Resolution of Disputes Relating to Contract or Common 
Carrier Capacities.--If a motor carrier (other than a motor 
carrier providing transportation of household goods) subject to 
the jurisdiction of the Commission under subchapter II of 
chapter 105 of this title has authority to provide 
transportation as both a motor common carrier and a motor 
contract carrier and a dispute arises as to whether certain 
transportation is provided in its common carrier or contract 
carrier capacity and the parties are not able to resolve the 
dispute consensually, the Commission shall have jurisdiction 
to, and shall, resolve the dispute.

[Sec. 11102. Classification of carriers

  [The Interstate Commerce Commission may classify and maintain 
requirements for groups of carriers included in the terms 
``motor common carrier'', ``water common carrier'', ``motor 
contract carrier'', or ``water contract carrier'' and for 
brokers, when required because of the special nature of the 
transportation provided by them.

[Sec. 11103. Use of terminal facilities

  [(a) The Interstate Commerce Commission 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 
Commission under subchapter I of chapter 105 of this title, to 
be used by another rail carrier if the Commission 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 carriers are responsible for establishing the 
conditions and compensation for use of the facilities. However, 
if the carriers cannot agree, the Commission 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 
carrier may begin to use the facilities of another carrier 
under this section.
  [(b) A rail carrier whose terminal facilities are required to 
be used by another carrier under this section is entitled to 
recover damages from the other 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 Commission 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 carriers entering into such an agreement shall 
establish the conditions and compensation applicable to such 
agreement, but, if the carriers cannot agree upon such 
conditions and compensation within a reasonable period of time, 
the Commission may establish such conditions and compensation.
  [(2) The Commission 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.

[Sec. 11104. 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 common carrier providing transportation 
subject to the jurisdiction of the Interstate Commerce 
Commission under subchapter I of chapter 105 of this title 
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 common 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 
Commission under section 11701 of this title. The Commission 
shall investigate the complaint and decide the safety, 
practicability, justification, and compensation to be paid for 
the connection. The Commission may direct the common carrier to 
comply with subsection (a) of this section only after a full 
hearing.

[Sec. 11105. Protective services

  [A rail or express carrier providing transportation subject 
to the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title may arrange for a 
person to furnish to or for the carrier a protective service 
against heat or cold for property transported by it subject to 
that jurisdiction only when the Commission finds the 
arrangement to be reasonable and in the public interest.

[Sec. 11106. Identification of motor vehicles

  [(a) The Interstate Commerce Commission may--
          [(1) issue and require the display of an 
        identification plate on a motor vehicle used in 
        transportation subject to its jurisdiction under 
        subchapter II of chapter 105 of this title; and
          [(2) require the carrier to pay the reasonable cost 
        of the plate.
  [(b) A carrier may use an identification plate only as 
authorized by the Commission.

[Sec. 11107. Leased motor vehicles

  [(a) Except as provided in section 11101(c) of this title, 
the Interstate Commerce Commission may require a motor carrier 
providing transportation subject to the jurisdiction of the 
Commission under subchapter II of chapter 105 of this title 
that uses motor vehicles not owned by it to transport property 
under an arrangement with another party to--
          [(1) make the arrangement in writing signed by the 
        parties specifying its duration and the compensation to 
        be paid by the motor carrier;
          [(2) carry a copy of the arrangement in each motor 
        vehicle to which it applies during the period the 
        arrangement is in effect;
          [(3) inspect the motor vehicles and obtain liability 
        and cargo insurance on them; and
          [(4) have control of and be responsible for operating 
        those motor vehicles in compliance with requirements 
        prescribed by the Secretary of Transportation on safety 
        of operations and equipment, and with other applicable 
        law as if the motor vehicles were owned by the motor 
        carrier.
  [(b) The Commission shall require, by regulation, that any 
arrangement, between a motor carrier of property providing 
transportation subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title and any other 
person, under which such other person is to provide any portion 
of such transportation by a motor vehicle not owned by the 
carrier shall specify, in writing, who is responsible for 
loading and unloading the property onto and from the motor 
vehicle.

[Sec. 11108. Water carriers subject to unreasonable discrimination in 
                    foreign transportation

  [(a) The Interstate Commerce Commission may relieve a water 
carrier providing transportation subject to the jurisdiction of 
the Commission under subchapter III of chapter 105 of this 
title, from the requirements of this subtitle when a rate, 
rule, or practice established by a person providing water 
transportation to or from a port in a foreign country in 
competition with that carrier unreasonably discriminates 
against that carrier. The Commission may relieve that carrier 
to the extent and for the period of time necessary to end or 
ease the discrimination if the relief is in the public interest 
and consistent with the transportation policy of section 10101 
of this title.
  [(b) The Commission may begin a proceeding under this section 
on its own initiative or on application.

[Sec. 11109. Loading and unloading motor vehicles

  [(a) Whenever a shipper or receiver of property requires that 
any person who owns or operates a motor vehicle transporting 
property in interstate commerce (whether or not such 
transportation is subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title) be assisted 
in the loading or unloading of such vehicle, the shipper or 
receiver shall be responsible for providing such assistance or 
shall compensate the owner or operator for all costs associated 
with securing and compensating the person or persons providing 
such assistance.
  [(b) It shall be unlawful to coerce or attempt to coerce any 
person providing transportation of property by motor vehicle 
for compensation in interstate commerce (whether or not such 
transportation is subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title) to load or 
unload any part of such property onto or from such vehicle or 
to employ or pay one or more persons to load or unload any part 
of such property onto or from such vehicle, except that this 
subsection shall not be construed as making unlawful any 
activity which is not unlawful under the National Labor 
Relations Act or the Act of March 23, 1932 (47 Stat. 70; 29 
U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia 
Act.

[Sec. 11110. Household goods carrier operations

  [(a)(1) The regulations and paperwork required of motor 
common carriers providing transportation of household goods 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title shall be minimized to the 
maximum extent feasible consistent with the protection of 
individual shippers.
  [(2) The Interstate Commerce Commission may issue 
regulations, including regulations protecting individual 
shippers, in order to carry out this subtitle with respect to 
the transportation of household goods by motor common carrier.
  [(3) Regulations of the Commission protecting individual 
shippers shall include, where appropriate, reasonable 
performance standards for the transportation of household goods 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title. In establishing performance 
standards under this paragraph, the Commission shall take into 
account at least the following:
          [(A) the level of performance that can be achieved by 
        a well-managed motor common carrier transporting 
        household goods;
          [(B) the degree of harm to individual shippers which 
        could result from a violation of the regulation;
          [(C) the need to set the level of performance at a 
        level sufficient to deter abuses which result in harm 
        to consumers and violations of regulations;
          [(D) service requirements of the carriers;
          [(E) the cost of compliance in relation to the 
        consumer benefits to be achieved from such compliance; 
        and
          [(F) the need to set the level of performance at a 
        level designed to encourage carriers to offer service 
        responsive to shipper needs.
  [(4) Nothing in this section shall be construed to limit the 
Commission's authority to require reports from motor common 
carriers providing transportation of household goods or to 
require such carriers to provide specified information to 
consumers concerning their past performance.
  [(b)(1) Every motor common carrier providing transportation 
of household goods subject to the jurisdiction of the 
Commission under subchapter II of chapter 105 of this title 
may, upon request of a prospective shipper, provide the shipper 
with an estimate of charges for transportation of household 
goods and for the proposed services. The Commission shall not 
prescribe specific formulas, forms, methods, or techniques for 
providing a prospective shipper with such an estimate. The 
Commission shall not prohibit any such carrier from charging a 
prospective shipper for providing a written, binding estimate 
for the transportation and proposed services nor shall the 
Commission require the final charges to a shipper to be based 
on an estimate.
  [(2) Any charge for an estimate of charges provided by a 
motor common carrier to a shipper for transportation of 
household goods subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title shall be 
subject to the antitrust laws, as defined in the first section 
of the Clayton Act (15 U.S.C. 12).
  [(c) The Commission shall issue regulations that provide 
motor carriers providing transportation of household goods 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title with the maximum possible 
flexibility in weighing shipments, consistent with assurance to 
the shipper of accurate weighing practices. The Commission 
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.

[Sec. 11111. Use of citizen band radios on buses

  [(a)(1) A motor carrier of passengers providing 
transportation subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title shall allow 
the operator of any motor vehicle providing such transportation 
to temporarily install and operate a citizen band radio in such 
vehicle if the Secretary of Transportation issues a rule or 
regulation which recommends that operators of such vehicles be 
allowed to temporarily install and operate such radios in such 
vehicles.
  [(2) Citizen band radios installed and operated in motor 
vehicles providing transportation of passengers subject to the 
jurisdiction of the Commission under subchapter II of chapter 
105 of this title shall be installed and operated in accordance 
with the guidelines established by the Secretary of 
Transportation under section 25(c) of the Bus Regulatory Reform 
Act of 1982.
  [(b) The Commission shall issue such regulations as it 
considers necessary to carry out this section.

                      [SUBCHAPTER II--CAR SERVICE

[Sec. 11121. Criteria

  [(a)(1) A rail carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title shall furnish safe 
and adequate car service and establish, observe, and enforce 
reasonable rules and practices on car service. The Commission 
may require a rail carrier to provide facilities and equipment 
that are reasonably necessary to furnish safe and adequate car 
service if the Commission decides that the rail carrier has 
materially failed to furnish that service. The Commission may 
begin a proceeding under this paragraph when an interested 
person files an application with it. The Commission 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 
        carrier to provide safe and adequate transportation;
          [(B) the amount spent for the facilities or 
        equipment, including a return equal to the carrier's 
        current cost of capital, will be recovered; and
          [(C) providing the facilities or equipment will not 
        impair the ability of the carrier to attract adequate 
        capital.
  [(2) The Commission may require a rail carrier to--
          [(A) file its car service rules with the Commission; 
        and
          [(B) incorporate those rules in its tariffs.
  [(b) The Commission may designate and appoint agents and 
agencies to make and carry out its directions related to car 
service and matters under sections 11123-11125, 11127, and 
11128(a)(1) of this title.

[Sec. 11122. Compensation and practice

  [(a) The regulations of the Interstate Commerce Commission 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 Commission 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

  [(a)(1) When the Interstate Commerce Commission finds that a 
shortage of equipment, congestion of traffic, or other failure 
in traffic movement exists which creates an emergency situation 
of such magnitude as to have substantial adverse effects on 
rail service in the United States or a substantial region of 
the United States, the Commission may, for a period not to 
exceed thirty days--
          [(A) suspend any car service rule or practice;
          [(B) take action during the emergency to promote 
        service in the interest of the public and of commerce 
        regardless of the ownership (as between carriers) of a 
        locomotive, car, or other vehicle on terms of 
        compensation the carriers establish between themselves, 
        subject to subsection (b)(2) of this section;
          [(C) require joint or common use of facilities, on 
        terms of compensation the carriers establish between 
        themselves, subject to subsection (b)(2) of this 
        section, when that action will best meet the emergency 
        and serve the public interest; and
          [(D) give directions for preference or priority in 
        transportation, embargoes, or movement of traffic under 
        permits.
  [(2) The Commission may extend any action taken under 
paragraph (1) of this subsection beyond the thirty-day period 
provided in such paragraph only if the full Commission, after a 
hearing, certifies that a transportation emergency exists.
  [(3) In carrying out the provisions of this subsection, the 
Commission shall require, to the maximum extent practicable, 
the use of the employees who would normally have performed work 
in connection with the traffic subject to the action of the 
Commission.
  [(b)(1) Except as provided in paragraph (2) of this 
subsection, the Commission may act under this section on its 
own initiative or on application without regard to subchapter 
II of chapter 103 of this title and subchapter II of chapter 5 
of title 5.
  [(2) When the carriers do not agree on terms of compensation 
under subsection (a)(2) of this section or on terms for joint 
or common use of terminals under subsection (a)(3) of this 
section, the Commission may establish for them in a later 
proceeding terms of compensation the Commission finds to be 
reasonable.

[Sec. 11124. Rerouting traffic on failure of rail carrier to serve the 
                    public

  [(a) When the Interstate Commerce Commission considers that a 
rail carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 
105 of this title cannot transport the traffic offered to it in 
a manner that properly serves the public, the Commission may 
direct the handling, routing, and movement of the traffic of 
that carrier and its distribution over other railroad lines to 
promote commerce and service to the public. Subject to 
subsection (b)(2) of this section, the carriers may establish 
the terms of compensation between themselves.
  [(b)(1) Except as provided in paragraph (2) of this 
subsection, the Commission may act under this section on its 
own initiative or on application without regard to subchapter 
II of chapter 103 of this title and subchapter II of chapter 5 
of title 5.
  [(2) When the carriers do not agree on the terms of 
compensation under this section, the Commission may establish 
the terms for them in a later proceeding.

[Sec. 11125. Directed rail transportation

  [(a) When a rail carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title cannot transport the 
traffic offered to it because--
          [(1) its cash position makes its continuing operation 
        impossible;
          [(2) transportation has been discontinued under court 
        order; or
          [(3) it has discontinued transportation without 
        obtaining a required certificate under section 10903 of 
        this title;
the Commission may direct the handling, routing, and movement 
of the traffic available to that carrier and its distribution 
over the railroad lines of that carrier by another carrier to 
promote service in the interest of the public and of commerce. 
Subject to subsection (b) of this section, the Commission may 
act without regard to subchapter II of chapter 103 of this 
title and subchapter II of chapter 5 of title 5.
  [(b)(1) Action of the Commission under subsection (a) of this 
section may not remain in effect for more than 60 days. 
However, the Commission may extend that period for an 
additional designated period of not more than 180 days if cause 
exists.
  [(2) The Commission may not take action that would--
          [(A) cause a directed carrier to operate in violation 
        of chapter 201 of this title; or
          [(B) impair substantially the ability of a directed 
        carrier to serve its own patrons adequately, or to meet 
        its outstanding common carrier obligations.
  [(3) A directed carrier is not responsible, because of the 
direction of the Commission, for the debts of the other 
carrier.
  [(4) A directed carrier shall hire the employees of the other 
carrier, to the extent that they previously provided that 
transportation for the other carrier, and assume the existing 
employment obligations and practices of the other carrier for 
those employees including agreements governing rate of pay, 
rules and working conditions, and employee protective 
conditions for the period during which the action of the 
Commission is effective.
  [(5) A directed carrier may apply to the Commission for 
payment of an amount equal to the amount by which (A) the total 
expenses of that carrier incurred in or attributable to the 
handling, routing, and moving the traffic over the lines of the 
other carrier for the period during which the action of the 
Commission is effective, including renting or leasing necessary 
equipment, and an allocation of common expenses, overhead, and 
a reasonable profit, exceed (B) the direct revenues from 
handling, routing, and moving the traffic over the lines of the 
other carrier during that period. The carrier must submit a 
current record of those total expenses to the Commission. The 
Commission shall certify promptly, to the Secretary of the 
Treasury, the amount to be paid. The Secretary shall pay that 
amount by the 90th day after the end of the period during which 
the direction of the Commission is effective, and funds are 
authorized to be appropriated for that payment. The Commission 
may audit any such record.

[Sec. 11126. Distribution of coal cars

  [(a) Subject to subsection (b) of this section, a rail 
carrier providing transportation subject to the jurisdiction of 
the Interstate Commerce Commission under subchapter I of 
chapter 105 of this title shall make a reasonable distribution 
of cars for transportation of coal among the coal mines served 
by it whether the mines are located on its line or are 
customarily dependent on it for car supply. If the supply of 
available cars does not equal the requirements of the mines, 
the carrier shall maintain and apply reasonable ratings of the 
mines and count each car furnished to or used by a mine for 
transportation of coal against that mine. However, coal cars 
supplied by shippers or receivers are deemed not to be a part 
of the carrier's fleet and are not counted in determining a 
question about distribution or car count under subsection (b) 
of this section or section 10102, 10501, 10701-10703, 10707, 
10721(b), 10722(c)-(d), 10723(a)-(b)(1), 10724(a), 10741-10744, 
10746, 10749, 10750, 10901, 10902, 10907, 11101, 11103-11105, 
11121-11125, 11127, 11128(a)(1), 11501(f), 11505(a), 
11702(a)(1), 11703, 11901(d)-(e)(2), 11902, 11903, 11905, 
11907, 11915, or 11916 of this title.
  [(b)(1) In this subsection, ``unit-train service'' means the 
movement of a single shipment of coal of at least 4,500 tons, 
tendered to one carrier, on one bill of lading, at one origin, 
on one day, and destined to one consignee, at one plant, at one 
destination, over one route.
  [(2) Unit-train service and non-unit-train service are deemed 
to be separate and distinct classes of service. A distinction 
shall be made between them and between the cars used in each 
class of service. A question about the reasonableness of, or 
discrimination in, the distribution of cars shall be determined 
within each class and not between them, notwithstanding a 
section referred to in subsection (a) of this section.

[Sec. 11127. Service of household goods freight forwarders

  [(a)(1) When the Interstate Commerce Commission considers 
that a shortage of equipment, congestion of traffic, or other 
emergency requires immediate action at a place in the United 
States, the Commission may--
          [(A) suspend any service, equipment, or facilities 
        requirement applicable to a household goods freight 
        forwarder under the jurisdiction of the Commission 
        under subchapter IV of chapter 105 of this title;
          [(B) take action to promote transportation in the 
        interest of the public and of commerce; and
          [(C) give directions for preference or priority in 
        transportation, embargoes, or movement of traffic under 
        permits.
  [(2) When the Commission considers that any such household 
goods freight forwarder cannot properly serve the public by 
providing service for the traffic offered it, the Commission 
may require the handling, routing, and movement of that traffic 
in another manner to promote commerce and service to the 
public. When the equipment or facilities of another household 
goods freight forwarder are required to be used, the household 
goods freight forwarders may establish terms of compensation 
between themselves subject to subsection (b)(2) of this 
section.
  [(b)(1) Except as provided in paragraph (2) of this 
subsection, the Commission may act under this section on its 
own initiative or on application without regard to subchapter 
II of chapter 103 of this title and subchapter II of chapter 5 
of title 5.
  [(2) When the household goods freight forwarders do not agree 
on the terms of compensation under this section, the Commission 
may establish the terms for them in a later proceeding.

[Sec. 11128. War emergencies; embargoes imposed by carriers

  [(a)(1) When the President, during time of war or threatened 
war, certifies to the Interstate Commerce Commission 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 Commission shall direct that preference or priority be 
given to that traffic under sections 11123(a)(4) and 
11127(a)(1)(C) of this title.
  [(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 carriers providing transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 
105 of this title shall adopt every means within their control 
to facilitate and expedite the military traffic.
  [(b) An embargo imposed by any such carrier does not apply to 
shipments consigned to agents of the United States Government 
for its use. The carrier shall deliver those shipments as 
promptly as possible.

                  [SUBCHAPTER III--REPORTS AND RECORDS

[Sec. 11141. Definitions

  [In this subchapter--
          [(1) ``carrier'', ``broker'', and ``lessor'' include 
        a receiver or trustee of a carrier (except a household 
        goods freight forwarder), broker, and lessor, 
        respectively.
          [(2) ``lessor'' means a person owning a railroad, 
        water line, or a pipeline that is leased to and 
        operated by a carrier providing transportation subject 
        to the jurisdiction of the Interstate Commerce 
        Commission under subchapter I of chapter 105 of this 
        title, and a person leasing a right to operate as a 
        motor carrier or water carrier to another.
          [(3) ``association'' means an organization 
        maintained--
                  [(A) by or in the interest of a group of 
                carriers (except water carriers) or brokers 
                providing transportation or service subject to 
                the jurisdiction of the Commission under 
                chapter 105 of this title that performs a 
                service, or engages in activities, related to 
                transportation under this subtitle; or
                  [(B) only by water carriers providing 
                transportation subject to the jurisdiction of 
                the Commission under subchapter III of chapter 
                105 of this title that engages in activities 
                related to the fixing of rates, publication of 
                classifications, or filing of tariffs by water 
                carriers.

[Sec. 11142. Uniform accounting system

  [The Interstate Commerce Commission may prescribe a uniform 
accounting system for classes of carriers providing, and 
brokers for, transportation subject to the jurisdiction of the 
Commission under subchapters II, III, and IV of chapter 105 of 
this title.

[Sec. 11143. Depreciation charges

  [The Interstate Commerce Commission shall, for a class of 
carriers providing transportation subject to its jurisdiction 
under subchapter I or III of chapter 105 of this title, and 
may, for a class of carriers providing transportation subject 
to its jurisdiction under subchapter II of that chapter, 
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 Commission may classify those carriers 
for purposes of this section. A 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 Commission;
          [(2) charge another rate of depreciation; or
          [(3) include other depreciation charges in operating 
        expenses.

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

  [(a) The Interstate Commerce Commission may prescribe the 
form of records required to be prepared or compiled under this 
subchapter--
          [(1) by carriers, brokers, and lessors, including 
        records related to movement of traffic and receipts and 
        expenditures of money; and
          [(2) by persons furnishing cars or protective service 
        against heat or cold to or for a rail or express 
        carrier providing transportation subject to the 
        jurisdiction of the Commission under subchapter I of 
        chapter 105 of this title to the extent related to 
        those cars or that service.
  [(b) The Commission, or an employee designated by the 
Commission, may on demand and display of proper credentials--
          [(1) inspect and examine the lands, buildings, and 
        equipment of a carrier, broker, or lessor; and
          [(2) inspect and copy any record of--
                  [(A) a carrier, broker, lessor, or 
                association;
                  [(B) a person controlling, controlled by, or 
                under common control with a carrier if the 
                Commission considers inspection relevant to 
                that person's relation to, or transaction with, 
                that carrier; and
                  [(C) a person furnishing cars or protective 
                service against heat or cold to or for a rail 
                or express carrier if the Commission prescribed 
                the form of that record.
  [(c) [Repealed]
  [(d) The Commission may prescribe the time period during 
which operating, accounting, and financial records must be 
preserved by carriers, brokers, lessors, and persons furnishing 
cars or protective services.

[Sec. 11145. Reports by carriers, lessors, and associations

  [(a) The Interstate Commerce Commission may require--
          [(1) carriers, brokers, lessors, and associations, or 
        classes of them as the Commission may prescribe, to 
        file annual, periodic, and special reports with the 
        Commission containing answers to questions asked by it; 
        and
          [(2) a person furnishing cars or protective services 
        against heat or cold to a rail or express carrier 
        providing transportation subject to this subtitle, to 
        file reports with the Commission containing answers to 
        questions about those cars or services.
  [(b)(1) An annual report shall contain an account, in as much 
detail as the Commission may require, of the affairs of the 
carrier, broker, lessor, or association for the 12-month period 
ending on the 31st day of December of each year. However, when 
an annual report is made by a motor carrier, a broker, or a 
lessor or an association maintained by or interested in one of 
them, the person making the report may elect to make it for the 
13-month period accounting year ending at the close of one of 
the last 7 days of each calendar year if the books of the 
person making the report are kept by that person on the basis 
of that accounting year.
  [(2) An annual report shall be filed with the Commission by 
the end of the 3d month after the end of the year for which the 
report is made unless the Commission extends the filing date or 
changes the period covered by the report. The annual report 
and, if the Commission requires, any other report made under 
this section, shall be made under oath.
  [(c) The Commission shall streamline and simplify, to the 
maximum extent practicable, the reporting requirements 
applicable under this subchapter to motor common carriers of 
property with respect to transportation provided under 
certificates to which the provisions of section 10922(b)(4)(E) 
of this title apply and to motor contract carriers of property 
with respect to transportation provided under permits to which 
the provisions of section 10923(b)(5) of this title apply.

                [SUBCHAPTER IV--RAILROAD COST ACCOUNTING

[Sec. 11161. Railroad Accounting Principles Board

  [(a)(1) There is established a Railroad Accounting Principles 
Board which shall be within and responsible to the legislative 
branch of the Federal Government.
  [(2) The Board shall be composed of the Comptroller General 
of the United States, who shall serve as chairman, and six 
members to be appointed by the Comptroller General.
  [(3) The Comptroller General shall appoint members of the 
Board from among persons who are well qualified for such 
position by virtue of experience in or knowledge of rate 
regulation, accounting, or cost determinations. Of the members 
of the Board so appointed--
          [(A) one shall be from the accounting profession;
          [(B) one shall be from the railroad industry;
          [(C) one shall be a representative of major rail 
        shippers;
          [(D) one shall be from the Interstate Commerce 
        Commission;
          [(E) one shall be a representative of small rail 
        shippers; and
          [(F) one shall be from the economics profession.
  [(4) The term of office of each appointed member of the Board 
shall be three years, except that any member appointed to fill 
a vacancy in the Board shall serve for the remainder of the 
term for which his predecessor was appointed.
  [(5) The Board shall not act in the absence of a quorum, 
which shall consist of three members.
  [(b) Each appointed member of the Board shall receive 
compensation at a rate equal to \1/260\ of the rate prescribed 
for level IV of the Executive Schedule, under section 5315 of 
title 5, for each day (including traveltime) in which he is 
engaged in the actual performance of duties vested in the 
Board.
  [(c)(1) The Board may utilize personnel from the Federal 
Government, with the consent of the head of the appropriate 
Federal department or agency, or appoint individuals from 
private life, to serve on advisory committees or to provide the 
staff services necessary to assist the Board in carrying out 
its functions and responsibilities under this subchapter.
  [(2) Individuals appointed by the Board under this subsection 
may be appointed without regard to the provisions of title 5 
governing appointments in the competitive service, and may be 
paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title, relating to 
classification and General Schedule pay rates.
  [(d) All Federal departments and agencies are authorized to 
cooperate with the Board and to furnish information, 
appropriate personnel (with or without reimbursement), and such 
financial and other assistance as may be agreed upon by the 
Board and the Federal department or agency involved.
  [(e) Members and employees of the Board and all other 
individuals appointed under this subsection having or having 
had access to information in the possession of the Board shall 
be subject to the provisions of section 1905 of title 18.
  [(f) The Board shall cease to exist three years after the 
effective date of the Staggers Rail Act of 1980.

[Sec. 11162. Cost accounting principles

  [(a) Within two years after the effective date of the 
Staggers Rail Act of 1980, the Railroad Accounting Principles 
Board shall establish, for rail carriers providing 
transportation subject to the jurisdiction of the Interstate 
Commerce Commission under subchapter I of chapter 105 of this 
title, principles governing the determination of economically 
accurate railroad costs directly and indirectly associated with 
particular movements of goods, including the variable costs 
associated with particular movements of goods or such other 
costs as the Board believes most accurately represent the 
economic costs of such movements. Such principles shall govern 
the determination of all railroad costs for specific regulatory 
proceedings under this subtitle.
  [(b) In developing cost accounting principles under this 
section, the Board shall take into account the following 
considerations:
          [(1) The specific regulatory purposes for which 
        railroad costs are required.
          [(2) The degree of accuracy of the cost information 
        which is needed to meet regulatory purposes.
          [(3) The existing capability and the probable future 
        capability of rail carriers to provide such information 
        and the relative benefits and costs of requiring 
        development of additional capability.
          [(4) The means by which the degree of economic 
        accuracy required can be obtained at the least possible 
        expense and with the least possible information 
        reporting.
          [(5) The means by which the confidentiality of such 
        costs can best be maintained while meeting the need for 
        such information in regulatory proceedings.
  [(c) The cost accounting principles established by the Board 
shall require that cost information be reported or disclosed 
only for the essential regulatory purposes defined by the 
Board.

[Sec. 11163. Implementation of cost accounting principles

  [Upon the establishment of cost accounting principles by the 
Railroad Accounting Principles Board under section 11162 of 
this title, the Interstate Commerce Commission shall promptly 
promulgate rules to implement and enforce such principles. Not 
less than once every five years after the promulgation of the 
original rules, the Commission shall review the principles of 
the Board and shall, by rule, make such changes in such 
principles as are required to achieve the regulatory purposes 
of this subtitle and the goals of this subchapter. The 
Commission 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.

[Sec. 11164. Certification of rail carrier cost accounting system

  [(a) Within 180 days after the effective date of the Staggers 
Rail Act of 1980, each rail carrier providing transportation 
subject to the jurisdiction of the Interstate Commerce 
Commission under subchapter I of chapter 105 of this title 
shall file with the Commission a request for preliminary 
certification of its cost accounting system. The Commission 
shall grant such preliminary certification if it determines 
that the cost accounting system of such rail carrier is in 
compliance with the accounting standards of the Commission in 
effect on the day prior to the effective date of the Staggers 
Rail Act of 1980.
  [(b)(1) As soon as practicable, but not later than 9 months, 
after the promulgation of rules by the Commission under section 
11163 of this title, each rail carrier described in subsection 
(a) of this section shall file with the Commission a request 
for final certification of its cost accounting system developed 
to comply with this section.
  [(2) Within 90 days, or such additional time as the 
Commission finds necessary, after a rail carrier files its 
request for final certification under paragraph (1) of this 
subsection, the Commission shall grant such final certification 
to such carrier if the Commission determines that the cost 
accounting system of such carrier is in compliance with the 
rules promulgated by the Commission under section 11163 of this 
title. If the Commission denies such final certification, the 
rail carrier shall revise its cost accounting system and file a 
new request for certification within 90 days after the date of 
such denial. The Commission shall thereupon grant final 
certification if it determines that such cost accounting 
system, as revised, is in compliance with such rules. If the 
Commission again denies final certification to the rail 
carrier, the Commission shall prescribe a cost accounting 
system which such carrier shall adopt within a reasonable time 
and which shall be considered a finally certified cost 
accounting system for purposes of this section.
  [(c) Each rail carrier shall have and maintain a cost 
accounting system that is in compliance with the rules 
promulgated by the Commission under section 11163 of this 
title.
  [(d)(1) Certification under this section that the cost 
accounting system of a rail carrier is in compliance with the 
rules promulgated by the Commission under section 11163 of this 
title shall be valid until the promulgation of new rules by the 
Commission.
  [(2) After the cost accounting system of a rail carrier is 
certified under this section, such rail carrier may, after 
notifying the Commission, make modifications in such system 
unless, within 60 days after the date of notification, the 
Commission finds such modifications to be inconsistent with the 
rules promulgated by the Commission under section 11163 of this 
title.
  [(e) For purposes of determining whether the cost accounting 
system of a rail carrier is in compliance with the rules 
promulgated by the Commission, the Commission 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. 11165. Cost availability

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

[Sec. 11166. Accounting and cost reporting

  [(a) To obtain expense and revenue information for regulatory 
purposes, the Interstate Commerce Commission may promulgate 
reasonable rules for rail carriers providing transportation 
subject to the jurisdiction of the Commission under subchapter 
I of chapter 105 of this title, prescribing expense and revenue 
accounting and reporting requirements consistent with generally 
accepted accounting principles uniformly applied to such 
carriers. Such requirements shall be cost effective and 
compatible with and not duplicative of the managerial and 
responsibility accounting requirements of those carriers. To 
the extent such rules are required solely to provide expense 
and revenue information necessary for determining railroad 
costs in regulatory proceedings under this subtitle, such rules 
shall be promulgated in accordance with the cost accounting 
principles established by the Railroad Accounting Principles 
Board under section 11162 of this title.
  [(b) Any reports required by the rules established by the 
Commission under this section shall include only information 
considered necessary for disclosure under the cost accounting 
principles established by the Board or under generally accepted 
accounting principles or the requirements of the Securities and 
Exchange Commission.

[Sec. 11167. Report

  [The Railroad Accounting Principles Board shall, within 2 
years after the effective date of the Staggers Rail Act of 
1980, submit to the Congress a report setting forth any 
recommendations of the Board for appropriate legislative or 
administrative action in order to integrate the cost accounting 
principles and the cost accounting system certification process 
under this subchapter into existing rail carrier rate 
regulation under this subtitle, including determinations under 
section 10709 of this title.

[Sec. 11168. Authorization of appropriations

  [There are authorized to be appropriated to carry out the 
provisions of this subchapter not to exceed $1,000,000 for the 
fiscal year ending September 30, 1981, not to exceed $1,000,000 
for the fiscal year ending September 30, 1982, and not to 
exceed $1,000,000 for the fiscal year ending September 30, 
1983.

                         [CHAPTER 113--FINANCE

   [SUBCHAPTER I--CARRIER SECURITIES, EQUIPMENT TRUSTS, AND SECURITY 
                                INTERESTS

[Sec.

[11301. Authority of certain carriers to issue securities and assume 
          obligations and liabilities.
[11303. Equipment trusts: recordation; evidence of indebtedness.
[11304. Security interests in certain motor vehicles.

                        [SUBCHAPTER II--OWNERSHIP

[11321. Limitation on ownership of certain water carriers.
[11322. Restrictions on officers and directors.
[11323. Limitation on ownership of other carriers by household goods 
          freight forwarders.

                      [SUBCHAPTER III--COMBINATIONS

[11341. Scope of authority.
[11342. Limitation on pooling and division of transportation or 
          earnings.
[11343. Consolidation, merger, and acquisition of control.
[11344. Consolidation, merger, and acquisition of control: general 
          procedure and conditions of approval.
[11345. Consolidation, merger, and acquisition of control: rail carrier 
          procedure.
[11345a. Consolidation, merger, and acquisition of control: motor 
          carrier procedure.
[11346. Consolidation, merger, and acquisition of control: expedited 
          rail carrier procedure.
[11347. Employee protective arrangements in transactions involving rail 
          carriers.
[11348. Interstate Commerce Commission authority over noncarrier that 
          acquires control of carrier.
[11349. Temporary operating approval for transactions involving motor 
          and water carriers.
[11350. Responsibility of the Secretary of Transportation in certain 
          transactions.
[11351. Supplemental orders.

                   [SUBCHAPTER IV--FINANCIAL STRUCTURE

[Sec.
[11361. Scope of authority: changes in financial structure.
[11362. Criteria for approval and authority.
[11363. Assent of holders of securities and certain other instruments.
[11364. Procedure.
[11365. Effect of change on other persons.
[11366. Reports.
[11367. Application of other laws.

   [SUBCHAPTER I--CARRIER SECURITIES, EQUIPMENT TRUSTS, AND SECURITY 
                               INTERESTS

[Sec. 11301. Authority of certain carriers to issue securities and 
                    assume obligations and liabilities

  [(a) In this section--
          [(1) ``carrier'' means a rail or sleeping car carrier 
        providing transportation subject to the jurisdiction of 
        the Interstate Commerce Commission under subchapter I 
        of chapter 105 of this title (except a street, 
        suburban, or interurban electric railway not operated 
        as a part of a general railroad system of 
        transportation), and a corporation organized to provide 
        transportation by rail carrier subject to that 
        subchapter.
          [(2) ``security'' means a share of capital stock, a 
        bond, or other evidence of interest in, or indebtedness 
        of, a carrier.
  [(b)(1) Subject to the Securities Act of 1933 (15 U.S.C. 77a 
et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et 
seq.), and the Investment Company Act of 1940 (15 U.S.C. 80a-1 
et seq.), the Commission has exclusive jurisdiction to approve 
the issuance of securities by a carrier and the assumption of 
an obligation or liability related to the securities of another 
person by a carrier. A carrier may not issue securities or 
assume those obligations or liabilities without the approval of 
the Commission. No other approval is required. A security 
issued or obligation or liability assumed by a carrier in 
violation of this subsection or in violation of a condition 
prescribed by the Commission under subsection (d) of this 
section is void. However, a security or obligation issued or 
assumed under authority of this section is not void for failure 
to comply with a procedural requirement of this section or 
other matter preceding entry of the order of the Commission.
  [(2) Paragraph (1) of this subsection does not apply to notes 
issued by a carrier if the notes mature not more than 2 years 
after their date of issue and total (with all then outstanding 
notes having a maturity of not more than 2 years) not more than 
5 percent of the par value of the then outstanding securities 
of that carrier. If the securities do not have a par value, the 
par value of those securities is the fair market value on the 
date of issue. Paragraph (1) of this subsection applies to a 
subsequent funding of notes referred to in this paragraph.
  [(c)(1) A carrier issuing notes referred to in subsection 
(b)(2) of this section shall file a certificate of notification 
with the Commission by the end of the 10th day after they are 
issued. That notification must include substantially the same 
matter required by the Commission for an application for 
authority to issue other securities.
  [(2) A carrier that pledges, repledges, or otherwise disposes 
of a security referred to in an application for authority or a 
certificate of notification under this section as pledged or 
held unencumbered in the treasury of that carrier shall file a 
certificate of notification with the Commission by the end of 
the 10th day after it disposes of the security.
  [(d)(1) The Commission may begin a proceeding under this 
section on application of a carrier. Before taking final 
action, the Commission must investigate the purpose and use of 
the securities issue or assumption and the proceeds from it. 
The Commission may approve any part of the application and may 
require the carrier to comply with appropriate conditions. 
After an application is approved under this section, the 
Commission may change a condition previously imposed or use 
that may be made of the securities or proceeds for good cause 
shown subject to the requirements of this section. The 
Commission may approve an application under this section only 
when it finds that the securities issue or assumption--
          [(A) is for a lawful object within the corporate 
        purpose of the carrier and reasonably appropriate for 
        that purpose;
          [(B) is compatible with the public interest;
          [(C) is appropriate for or consistent with the proper 
        performance by the carrier of service to the public as 
        a common carrier; and
          [(D) will not impair the financial ability of the 
        carrier to provide the service.
  [(2) An application or certificate must be made under oath 
and signed and filed for the carrier by a designated executive 
officer who knows the matters stated in the application or 
certificate. On receipt of an application of a carrier under 
this section, the Commission shall have a copy of the 
application served on the chief executive officer of each State 
in which that carrier operates. The appropriate authorities of 
those States are entitled to be admitted as parties to a 
proceeding under this section to represent the rights and 
interests of their people and States.
  [(e) The Commission shall require a carrier that issues 
securities, including notes, under this section to submit 
reports to it. The reports must identify the disposition of 
those securities and the application of the proceeds from their 
disposition.
  [(f) This section does not imply a guaranty or obligation of 
those securities by the United States Government. This section 
does not apply to securities issued or obligations or 
liabilities assumed by the United States Government, a State, 
or an instrumentality or political subdivision of one of them.

[Sec. 11303. 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 railroad cars, locomotives, or 
other rolling stock or vessels, intended for a use related to 
interstate commerce may be filed with the Interstate Commerce 
Commission. 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 may also be filed with the Commission. The 
instrument, assignment, or amendment must be in writing, 
executed by the parties to it, and acknowledged or verified 
under Commission 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 Commission 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 Commission shall maintain and 
keep open for public inspection an index of documents filed 
under that subsection. That index shall include the name and 
address of the principal debtors, trustees, guarantors, and 
other parties to those documents and may include other facts 
that will assist in determining the rights of the parties to 
those transactions.

[Sec. 11304. Security interests in certain motor vehicles

  [(a) In this section--
          [(1) ``motor vehicle'' means a truck of rated 
        capacity (gross vehicle weight) of at least 10,000 
        pounds, a highway tractor of rated capacity (gross 
        combination weight) of at least 10,000 pounds, a 
        property-carrying trailer or semitrailer with at least 
        one load-carrying axle of at least 10,000 pounds, or a 
        motor bus with a seating capacity of at least 10 
        individuals.
          [(2) ``lien creditor'' means a creditor having a lien 
        on a motor vehicle and includes an assignee for benefit 
        of creditors from the date of assignment, a trustee in 
        a case under title 11 from the date of filing of the 
        petition in that case and a receiver in equity from the 
        date of appointment of the receiver.
          [(3) ``security interest'' means an interest 
        (including an interest established by a conditional 
        sales contract, mortgage, equipment trust, or other 
        lien or title retention contract, or lease) in a motor 
        vehicle when the interest secures payment or 
        performance of an obligation.
          [(4) ``perfection'', as related to a security 
        interest, means taking action (including public filing, 
        recording, notation on a certificate of title, and 
        possession of collateral by the secured party), or the 
        existence of facts, required under law to make a 
        security interest enforceable against general creditors 
        and subsequent lien creditors of a debtor, but does not 
        include compliance with requirements related only to 
        the establishment of a valid security interest between 
        the debtor and the secured party.
  [(b) A security interest in a motor vehicle owned by, or in 
the possession and use of, a carrier having a certificate or 
permit issued under section 10922 or 10923 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.
  [(c) This section does not affect a security interest 
perfected before January 1, 1959.

                       [SUBCHAPTER II--OWNERSHIP

[Sec. 11321. Limitation on ownership of certain water carriers

  [(a)(1) Notwithstanding sections 11343 and 11344 of this 
title, a carrier or a person controlling, controlled by, or 
under common control with a rail, express, sleeping car, or 
pipeline carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title may not own, operate, 
control, or have an interest in a water common carrier or 
vessel carrying property or passengers on a water route with 
which it does or may compete for traffic.
  [(2) The Commission may decide, after a full hearing, 
questions of fact related to competition or the possibility of 
competition under this subsection on application of a carrier. 
A carrier may file an application to determine whether an 
existing service violates this subsection and may request 
permission to continue operation of a vessel or that action be 
taken under subsection (b) of this section. The Commission may 
begin a proceeding under this subsection on its own initiative 
or on application of a shipper to investigate the operation of 
a vessel used by a carrier providing transportation subject to 
the jurisdiction of the Commission under subchapter I of that 
chapter if the carrier has not applied to the Commission and 
had the question of competition or the possibility of 
competition determined under this subsection.
  [(b) Notwithstanding subsection (a) of this section, the 
Commission may authorize a carrier providing transportation 
subject to the jurisdiction of the Commission under that 
subchapter to own, operate, control, or have an interest in a 
water common carrier or vessel that is not operated through the 
Panama Canal and with which the carrier does or may compete for 
traffic when the Commission finds that ownership, operation, 
control, or interest will still allow that water common carrier 
or vessel to be operated in the public interest advantageously 
to interstate commerce and that it will still allow 
competition, without reduction, on the water route in question. 
However, section 11343 of this title also applies to a 
transaction or interest under this subsection if the 
transaction or interest is within the scope of that section. 
The Commission may begin a proceeding under this subsection on 
application of a carrier. An authorization under this 
subsection is not necessary for a carrier that obtained an 
order of extension before September 18, 1940, under section 
5(21) of the Interstate Commerce Act (37 Stat. 567), as 
amended, if the order is still in effect.
  [(c) The Commission may take action under this section only 
after a full hearing. An order entered as a result of the 
action may be conditioned on giving security for the payment of 
an amount of money or the discharge of an obligation that is 
required to be paid or discharged under that order.

[Sec. 11322. Restrictions on officers and directors

  [(a) A person may hold the position of officer or director of 
more than one carrier as defined in section 11301(a)(1) of this 
title only when authorized by the Interstate Commerce 
Commission. The Commission 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) An officer or director of a carrier referred to in 
subsection (a) of this section may not--
          [(1) receive, for the benefit of that officer or 
        director, a thing of value in relation to the 
        negotiation, hypothecation, or sale of a security 
        issued or to be issued by that carrier;
          [(2) share in the proceeds from the negotiation, 
        hypothecation, or sale of a security issued or to be 
        issued by that carrier; or
          [(3) participate in making or paying dividends of an 
        operating carrier from funds included in a capital 
        account.

[Sec. 11323. Limitation on ownership of other carriers by household 
                    goods freight forwarders

  [(a) A household goods freight forwarder, or a person 
controlling, controlled by, or under common control with a 
household goods freight forwarder, providing service subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter IV of chapter 105 of this title, may not acquire 
control of a carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I, II, or III 
of that chapter. However, this subsection does not prohibit a 
carrier providing transportation under subchapter I, II, or III 
of chapter 105 from acquiring control or another such carrier 
under subchapter III of this chapter but subject to section 
11321.
  [(b) A director, officer, employee, or agent of a common 
carrier providing transportation subject to the jurisdiction of 
the Commission under subchapter I, II, or III of chapter 105 of 
this title or a person controlling, controlled by, or under 
common control with one of those carriers, may not, for that 
person's pecuniary benefit, own, lease, control, or hold stock 
in a household goods freight forwarder providing service 
subject to the jurisdiction of the Commission under subchapter 
IV of that chapter. However, this subsection does not prohibit 
the holding of a director's qualifying shares of stock from 
which no personal pecuniary benefit is derived by the holder.
  [(c) This subtitle does not prohibit a common carrier 
providing transportation subject to the jurisdiction of the 
Commission under subchapter I, II, or III of chapter 105 of 
this title or a person controlling, controlled by, or under 
common control with one of those carriers from controlling a 
household goods freight forwarder. When that control exists, a 
rate, classification, rule, or practice of one of those 
carriers may not be found to be unlawful because of the 
relationship.

                     [SUBCHAPTER III--COMBINATIONS

[Sec. 11341. Scope of authority

  [(a) The authority of the Interstate Commerce Commission 
under this subchapter is exclusive. A carrier or corporation 
participating in or resulting from a transaction approved by or 
exempted by the Commission 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 carrier, corporation, or 
person participating in that approved or exempted transaction 
is exempt from the antitrust laws and from all other law, 
including State and municipal law, as necessary to let that 
person carry out the transaction, hold, maintain, and operate 
property, and exercise control or franchises acquired through 
the transaction. 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. 11342. Limitation on pooling and division of transportation or 
                    earnings

  [(a) A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I, II, or III of chapter 105 of this title may not 
agree or combine with another of those carriers to pool or 
divide traffic or services or any part of their earnings 
without the approval of the Commission under this section or 
sections 11124 and 11125 of this title. Except as provided in 
subsection (b) for agreements or combinations between or among 
motor common carriers of property, the Commission may approve 
and authorize the agreement or combination if the carriers 
involved assent to the pooling or division and the Commission 
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)(1) Any motor common carrier of property may apply to the 
Commission for approval of an agreement or combination with 
another motor common carrier of property to pool or divide 
traffic or any services or any part of their earnings by filing 
such agreement or combination with the Commission not less than 
50 days before its effective date. Prior to the effective date 
of the agreement or combination, the Commission 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 Commission determines that neither of these two factors 
exists, it shall, prior to such effective date and without a 
hearing, approve and authorize the agreement or combination, 
under such rules and regulations as the Commission may issue, 
and for such consideration between such carriers and upon such 
terms and conditions as shall be found by the Commission to be 
just and reasonable. If the Commission determines either that 
the agreement or combination is of major transportation 
importance or that there is a substantial likelihood that the 
agreement or combination will unduly restrain competition, the 
Commission 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 Commission 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 Commission 
may issue, and for such consideration between such carriers and 
upon such terms and conditions as shall be found by the 
Commission to be just and reasonable.
  [(2) In the case of an application for Commission approval of 
an agreement or combination between a motor common carrier 
providing transportation of household goods and its agents to 
pool or divide traffic or services or any part of their 
earnings, such agreement or combination shall be presumed to be 
in the interest of better service to the public and of economy 
in operation and not to restrain competition unduly if the 
practices proposed to be carried out under such agreement or 
combination are the same as or similar to practices carried out 
under agreements and combinations between motor common carriers 
providing transportation of household goods to pool or divide 
traffic or services or any part of their earnings approved by 
the Commission before the date of enactment of this paragraph.
  [(3) The Commission shall streamline, simplify, and expedite, 
to the maximum extent practicable, the process (including, but 
not limited to, any paperwork) for submission and approval of 
applications under this section for agreements and combinations 
between motor common carriers providing transportation of 
household goods and their agents.
  [(c) The Commission may impose conditions governing the 
pooling or division and may approve and authorize payment of a 
reasonable consideration between the carriers.
  [(d) This section affects an agreement or combination filed 
with the Commission before March 19, 1941, to which a water 
common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter III of chapter 
105 of this title is a party only when the Commission 
determines that the agreement or combination does not meet the 
requirements for approval and authorization under subsection 
(a) of this section.
  [(e) The Commission may begin a proceeding under this section 
on its own initiative or on application.

[Sec. 11343. Consolidation, merger, and acquisition of control

  [(a) The following transactions involving carriers providing 
transportation subject to the jurisdiction of the Interstate 
Commerce Commission under subchapter I (except a pipeline 
carrier), II, or III of chapter 105 of this title may be 
carried out only with the approval and authorization of the 
Commission:
          [(1) consolidation or merger of the properties or 
        franchises of at least 2 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 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.
          [(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 
carriers, regardless of how that result is reached, only with 
the approval and authorization of the Commission 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 carrier has the effect of 
        putting that carrier and person affiliated with it, 
        taken together, in control of another carrier.
          [(2) A transaction by a person affiliated with a 
        carrier has the effect of putting that carrier and 
        persons affiliated with it, taken together, in control 
        of another carrier.
          [(3) A transaction by at least 2 persons acting 
        together (one of whom is a carrier or is affiliated 
        with a carrier) has the effect of putting those persons 
        and carriers and persons affiliated with any of them, 
        or with any of those affiliated carriers, taken 
        together, in control of another carrier.
  [(c) A person is affiliated with a carrier under this 
subchapter if, because of the relationship between that person 
and a carrier, it is reasonable to believe that the affairs of 
another carrier, control of which may be acquired by that 
person, will be managed in the interest of the other carrier.
  [(d)(1) Approval and authorization by the Commission are not 
required if the only parties to a transaction referred to in 
subsection (a) of this section are motor carriers providing 
transportation subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title and the 
aggregate gross operating revenues of those carriers 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 covering the transaction. However, the approval 
and authorization of the Commission is required when a motor 
carrier that is controlled by or affiliated with a carrier 
providing transportation subject to the jurisdiction of the 
Commission under subchapter I of that chapter is a party to the 
transaction.
  [(2) The approval and authorization of the Commission are not 
required if the only parties to a transaction referred to in 
subsection (a) of this section are street, suburban, or 
interurban electric railways that are not controlled by or 
under common control with a carrier that is operated as part of 
a general railroad system of transportation.
  [(e)(1) Notwithstanding any provisions of this title, the 
Interstate Commerce Commission, in a matter related to a motor 
carrier of property providing transportation subject to the 
jurisdiction of the Commission under subchapter II of chapter 
105 of this title, may exempt a person, class of persons, 
transaction, or class of transactions from the merger, 
consolidation, and acquisition of control provisions of this 
subchapter if the Commission finds that--
          [(A) the application of such provisions is not 
        necessary to carry out the transportation policy of 
        section 10101 of this title; and
          [(B) either (i) the transaction is of limited scope, 
        or (ii) the application of such provisions is not 
        needed to protect shippers from the abuse of market 
        power.
  [(2) At least 60 days before any transaction exempt under 
this subsection from the merger, consolidation, and acquisition 
of control provisions of this subchapter may take effect, each 
carrier intending to participate in such transaction shall file 
with the Commission a notice of its intention to participate in 
such transaction and shall give public notice of such 
intention. The Commission shall prescribe the information to be 
contained in such notices, including the nature and scope of 
the transaction.
  [(3) The Commission, on its own initiative or on complaint, 
may revoke an exemption granted under this subsection, to the 
extent it specifies, when it finds that application of the 
provisions of this section to the person, class of persons, or 
transportation is necessary to carry out the transportation 
policy of section 10101 of this title.
  [(4) If the Commission, on its own initiative, finds that 
employees of any carrier intending to participate in a 
transaction exempt under this subsection from the merger, 
consolidation, and acquisition of control provisions of this 
subchapter are or will be adversely affected by such 
transaction or if employees of such carrier adversely affected 
by such transaction file a complaint concerning such 
transaction with the Commission, the Commission shall revoke 
such exemption to the extent the Commission deems necessary to 
review and address the adverse effects on such employees.

[Sec. 11344. Consolidation, merger, and acquisition of control: general 
                    procedure and conditions of approval

  [(a) The Interstate Commerce Commission may begin a 
proceeding to approve and authorize a transaction referred to 
in section 11343 of this title on application of the person 
seeking that authority. When an application is filed with the 
Commission, the Commission shall notify the chief executive 
officer of each State in which property of the carriers 
involved in the proposed transaction is located and shall 
notify those carriers. If a motor carrier providing 
transportation subject to the jurisdiction of the Commission 
under subchapter II of the chapter 105 of this title is 
involved in the transaction, the Commission must notify the 
persons specified in section 10328(b) of this title. The 
Commission shall hold a public hearing when a rail carrier 
providing transportation subject to the jurisdiction of the 
Commission under subchapter I of that chapter is involved in 
the transaction unless the Commission determines that a public 
hearing is not necessary in the public interest.
  [(b)(1) In a proceeding under this section which involves the 
merger or control of at least two class I railroads, as defined 
by the Commission, the Commission shall consider at least the 
following:
          [(A) the effect of the proposed transaction on the 
        adequacy of transportation to the public.
          [(B) the effect on the public interest of including, 
        or failing to include, other rail carriers in the area 
        involved in the proposed transaction.
          [(C) the total fixed charges that result from the 
        proposed transaction.
          [(D) the interest of carrier employees affected by 
        the proposed transaction.
          [(E) whether the proposed transaction would have an 
        adverse effect on competition among rail carriers in 
        the affected region.
  [(2) In a proceeding under this section which involves only 
carriers of passengers providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter II of chapter 105 of this title, the Commission 
shall consider at least the following:
          [(A) the effect of the proposed transaction on the 
        adequacy of transportation to the public.
          [(B) the effect on the public interest of including, 
        or failing to include, other rail carriers in the area 
        involved in the proposed transaction.
          [(C) the total fixed charges that result from the 
        proposed transaction.
          [(D) the interest of carrier employees affected by 
        the proposed transaction.
  [(c) The Commission shall approve and authorize a transaction 
under this section when it finds the transaction is consistent 
with the public interest. The Commission may impose conditions 
governing the transaction. 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 Commission may approve and authorize the transaction only 
if it finds that the guaranty, assumption, or increase is 
consistent with the public interest. When a rail carrier, or a 
person controlled by or affiliated with a rail carrier, is an 
applicant and the transaction involves a motor carrier, the 
Commission may approve and authorize the transaction only if it 
finds that the transaction is consistent with the public 
interest, will enable the rail carrier to use motor carrier 
transportation to public advantage in its operations, and will 
not unreasonably restrain competition. When a rail carrier is 
involved in the transaction, the Commission may require 
inclusion of other rail carriers located in the area involved 
in the transaction if they apply for inclusion and the 
Commission 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 Commission, the Commission 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 Commission shall, with respect to 
any application that is part of a plan or proposal developed 
under section 333(a)-(d) of this title, accord substantial 
weight to any recommendations of the Secretary of 
Transportation. The provisions of this subsection do not apply 
to any proceeding under this section which involves only 
carriers of passengers providing transportation subject to the 
jurisdiction of the Commission under subchapter II of chapter 
105 of this title.
  [(e) A rail carrier, or a person controlled by or affiliated 
with a rail carrier, together with one or more affected 
shippers, may apply for approval under this subsection of a 
transaction for the purpose of providing motor carrier 
transportation prior or subsequent to rail transportation to 
serve inadequately served shippers located on a railroad other 
than the applicant carrier. Such application shall be approved 
by the Commission if the applicants demonstrate presently 
impaired rail service and inadequate motor common carrier 
service which results in the serious failure of the rail 
carrier serving the shippers to meet the rail equipment or 
transportation schedules of shippers or seriously to fail 
otherwise to provide adequate normal rail services required by 
shippers and which shippers would reasonably expect the rail 
carrier to provide. The Commission shall approve or disapprove 
applications under this subsection within 30 days after receipt 
of such application. The Commission shall approve applications 
which are not protested by interested parties within 30 days 
following receipt of such application.

[Sec. 11345. Consolidation, merger, and acquisition of control: rail 
                    carrier procedure

  [(a) If a rail carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title is involved in a 
proposed transaction under section 11343 of this title, this 
section and section 11344 of this title also apply to the 
transaction. The Commission shall publish notice of the 
application in the Federal Register by the end of the 30th day 
after the application is filed with the Commission and after a 
certified copy of it is furnished to the Secretary of 
Transportation. However, if the application is incomplete, the 
Commission shall reject it by the end of that period. The order 
of rejection is a final action of the Commission under section 
10327 of this title. 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 Commission, 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 Commission:
          [(1) Written comments about an application may be 
        filed with the Commission 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 Secretary of Transportation and the Attorney 
        General, each of whom 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 Commission by the end of the 15th day after the 
        date of receipt of the written comments.
          [(2) The Commission 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 and given to the Secretary of Transportation by 
        the 90th day after publication of notice under that 
        subsection.
          [(3) The Commission must conclude evidentiary 
        proceedings by the end of the 24th month after the date 
        of publication of notice under subsection (a) of this 
        section. The Commission must issue a final decision by 
        the 180th 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 Commission, which the Commission has determined to be of 
regional or national transportation significance:
          [(1) Written comments about an application may be 
        filed with the Commission within 30 days after notice 
        of the application is published under subsection (a) of 
        this section. Copies of such comments shall be served 
        on the Secretary of Transportation and the Attorney 
        General, each of whom 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 Commission by the end of the 15th day after the 
        date of receipt of the written comments.
          [(2) The Commission 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 and given to the Secretary of Transportation by 
        the 60th day after publication of notice under that 
        subsection.
          [(3) The Commission must conclude any evidentiary 
        proceedings by the 180th day after the date of 
        publication of notice under subsection (a) of this 
        section. The Commission 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:
          [(1) Written comments about an application may be 
        filed with the Commission within 30 days after notice 
        of the application is published under subsection (a) of 
        this section. Copies of such comments shall be served 
        on the Secretary of Transportation and the Attorney 
        General, each of whom 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 Commission by the end of the 15th day after the 
        date of receipt of the written comments.
          [(2) The Commission must conclude any evidentiary 
        proceedings by the 105th day after the date of 
        publication of notice under subsection (a) of this 
        section. The Commission must issue a final decision by 
        the 45th day after the date on which it concludes the 
        evidentiary proceedings.
  [(e) If the Commission does not issue a decision that is a 
final action under section 10327 of this title, it shall send 
written notice to Congress that a decision was not issued and 
the reasons why it was not issued.
  [(f) The Commission may waive the requirement that an initial 
decision be made under section 10327 of this title and make a 
final decision itself when it determines that action is 
required for the timely execution of its functions under this 
subchapter or that an application governed by this section is 
of major transportation importance. The decision of the 
Commission under this subsection is a final action under 
section 10327 of this title.

[Sec. 11345a.  Consolidation, merger, and acquisition of control: motor 
                    carrier procedure

  [(a) If a motor carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter II of chapter 105 of this title is involved in a 
proposed transaction under section 11343 of this title, this 
section and section 11344 of this title also apply to the 
transaction. The Commission shall publish notice of the 
application in the Federal Register by the end of the 30th day 
after the application is filed with the Commission. However, if 
the application is incomplete, the Commission shall reject it 
by the end of that period. The order of rejection is a final 
decision of the Commission under section 10322 of this title.
  [(b) Written comments about an application may be filed with 
the Commission within 45 days after notice of the application 
is published under subsection (a) of this section.
  [(c) The Commission must conclude evidentiary proceedings by 
the 240th day after the date of publication of notice under 
subsection (a) of this section. The Commission must issue a 
final decision by the 180th day after the date it concludes the 
evidentiary proceedings. In extraordinary circumstances, the 
Commission may extend a time period established by this 
section, except that the total of all such extensions with 
respect to any application shall not exceed 90 days.
  [(d) The Commission may waive the requirement that an initial 
decision be made under section 10322 of this title and make a 
final decision itself when it determines that action is 
required for the timely execution of its functions under this 
subchapter or that an application governed by this section is 
of major transportation importance. The decision of the 
Commission under this subsection is a final decision under 
section 10322 of this title.

[Sec. 11346. Consolidation, merger, and acquisition of control: 
                    expedited rail carrier procedure

  [(a) A rail carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title or the Secretary of 
Transportation may apply, before January 1, 1982, for authority 
for and approval of a merger, consolidation, unification or 
coordination project (as described in section 333(c) of this 
title), joint use of tracks or other facilities, or acquisition 
or sale of assets involving one of those rail carriers, under 
this section instead of sections 11344 and 11345 of this title. 
The Secretary may apply under this section only when the 
parties to the application that are rail carriers providing 
transportation subject to the jurisdiction of the Commission 
under subchapter I of that chapter consent to an application by 
the Secretary. A rail carrier may apply under this section only 
if it sent the proposed transaction to the Secretary for a 
report under section 11350 of this title at least 6 months 
before applying under this section.
  [(b) When the Commission notifies persons required to receive 
notice that an application has been filed under this section, 
the Commission must include in the notice a copy of the 
application, a summary of the proposed transaction, and the 
applicant's reasons and public interest justification for the 
transaction. When the Commission notifies the Secretary of 
Transportation that an application has been filed under this 
section, the Commission shall also request the report of the 
Secretary prepared under section 11350 of this title. By the 
10th day after receiving an application under this section, the 
Commission shall send notice of the proposed transaction to--
          [(1) the chief executive officer of each State that 
        may be affected by the execution or implementation of 
        the proposed transaction;
          [(2) the Attorney General;
          [(3) the Secretary of Labor; and
          [(4) the Secretary of Transportation (unless the 
        Secretary is the applicant under subsection (a) of this 
        section).
  [(c) The Commission shall designate a panel of the Commission 
to make a recommended decision on each application under this 
section. The panel must begin a proceeding by the 90th day 
after the date the Commission receives the application, 
complete the proceeding by the 180th day after the application 
is referred to it, and give its recommended decision and 
certify the record to the entire Commission by the 90th day 
after the proceeding is completed. The panel may use employees 
appointed under section 3105 of title 5 and the Rail Services 
Planning Office in conducting the proceeding, evaluating the 
application and comments received about it, and determining 
whether it is in the public interest to approve and authorize 
the transaction under the last sentence of subsection (d) of 
this section. To carry out this subsection, the panel may make 
rules and rulings to avoid unnecessary costs and delay. In 
making its recommended decision, the panel shall--
          [(1) request the views of the Secretary of 
        Transportation about the effect of the transaction on 
        the national transportation policy, as stated by the 
        Secretary, and consider the report submitted under 
        section 11350 of this title;
          [(2) request the views of the Attorney General about 
        the effect of the transaction on competition; and
          [(3) request the views of the Secretary of Labor 
        about the effect of the transaction on rail carrier 
        employees, particularly whether the proposal contains 
        adequate employee protection provisions.
The Secretaries and the Attorney General shall send their 
written views to the panel. Those statements are available to 
the public under section 552(a) of title 5.
  [(d) When the recommended decision and record of a proceeding 
under this section are certified to the entire Commission, it 
must hear oral argument on the matter certified to it and make 
a final decision by the 120th day after receiving the 
recommended decision and record. The Commission may extend a 
time period under subsection (c) of this section or under this 
subsection but must make its final decision by the end of the 
2d year after receipt of the application by the Commission. The 
Commission shall consider the report of the Secretary of 
Transportation under section 11350 of this title in making its 
final decision. The final decision must be accompanied by a 
written opinion stating the reasons for the Commission action. 
The Commission may--
          [(1) approve the transaction if the Commission 
        determines the transaction is in the public interest;
          [(2) approve the transaction with conditions and 
        modifications that it determines are in the public 
        interest; or
          [(3) disapprove the transaction if it determines the 
        transaction is not in the public interest.

[Sec. 11347. Employee protective arrangements in transactions involving 
                    rail carriers

  [When a rail carrier is involved in a transaction for which 
approval is sought under sections 11344 and 11345 or section 
11346 of this title, the Interstate Commerce Commission shall 
require the 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 this section before 
February 5, 1976, and the terms established under sections 
24307(c), 24312, and 24706(c) of this title. Notwithstanding 
this subtitle, 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 Commission (or if an 
employee was employed for a lesser period of time by the 
carrier before the action became effective, for that lesser 
period).

[Sec. 11348. Interstate Commerce Commission authority over non-carrier 
                    that acquires control of carrier

  [(a) When the Interstate Commerce Commission approves and 
authorizes a transaction under sections 11344 and 11345 of this 
title in which a person not a carrier providing transportation 
subject to the jurisdiction of the Commission under chapter 105 
of this title acquires control of at least one carrier subject 
to the jurisdiction of the Commission, 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 Commission: sections 504(f), 10764, 
subchapter III of chapter 111, and sections 11301, 11709, 
11901(f), (m)(1), 11909(a)(1), (b), and 11911(a).
  [(b) When a person subject to sections 11301, 11322, 11709, 
and 11911 of this title because of acquiring control of a 
carrier, applies to the Commission for authority to issue 
securities or assume obligations or liabilities under those 
sections, the Commission may authorize the issue or assumption 
only when it finds the issue or assumption--
          [(1) is consistent with the proper performance of 
        public transportation by the carrier that is controlled 
        by that person;
          [(2) will not impair the ability of the carrier to 
        provide public transportation; and
          [(3) is consistent with the public interest in other 
        respects.

[Sec. 11349. Temporary operating approval for transactions involving 
                    motor and water carriers

  [(a) Pending determination of an application filed with the 
Interstate Commerce Commission under this subchapter for 
approval of a consolidation or merger of the properties of at 
least 2 motor carriers or at least 2 water carriers, or of a 
purchase, lease, or contract to operate the properties of at 
least one motor carrier or at least one water carrier, the 
Commission 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. The Commission may approve operation of motor 
carrier properties when it appears that failure to grant the 
approval may result in destruction of or injury to those motor 
carrier properties the person is seeking to acquire, or 
substantially interfere with their future usefulness in 
providing adequate and continuous service to the public. The 
Commission may approve the operation of water carrier 
properties only for good cause shown.
  [(b) The Commission may take action under subsection (a) of 
this section without regard to subchapter II of chapter 103 of 
this title and subchapter II of chapter 5 of title 5. 
Transportation provided by a motor carrier under a grant of 
approval under this section is subject to this subtitle.

[Sec. 11350. Responsibility of the Secretary of Transportation in 
                    certain transactions

  [(a) When a rail carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title sends a proposed 
transaction to the Secretary of Transportation under section 
11346(a) of this title or the Secretary develops a proposed 
transaction for submission to the Commission under that 
section, the Secretary shall publish a summary and a detailed 
account of the transaction in the Federal Register and give 
notice of the transaction to the Attorney General and to the 
chief executive officer of each State in which property of a 
rail carrier involved in the transaction is located. The 
Secretary shall initiate an informal proceeding on the proposed 
transaction under section 553 of title 5.
  [(b) By the 10th day after an application is submitted to the 
Commission under section 11346 of this title, the Secretary 
shall complete and send to the Commission a study of the 
proposed transaction about--
          [(1) the needs of rail transportation in the 
        geographical area affected by the transaction;
          [(2) the effect of the transaction on competition in 
        rail transportation and other modes of transportation 
        in the geographical area affected by the transaction;
          [(3) the environmental impact of the transaction and 
        of alternative choices of action;
          [(4) the effect of the transaction on employment;
          [(5) the cost of rehabilitation and modernization of 
        track, equipment, and other facilities, with a 
        comparison of the potential savings or losses from 
        other possible choices of action;
          [(6) the rationalization of the rail system;
          [(7) the impact of the transaction on shippers, 
        consumers, and rail carrier employees;
          [(8) the effect of the transaction on communities in 
        the geographical area affected by the transaction and 
        on geographical areas contiguous to the affected areas; 
        and
          [(9) whether the proposed transaction will improve 
        rail service.

[Sec. 11351. Supplemental orders

  [When cause exists, the Interstate Commerce Commission may 
make appropriate orders supplemental to an order made in a 
proceeding under sections 11342-11345 and 11347 of this title.

                  [SUBCHAPTER IV--FINANCIAL STRUCTURE

[Sec. 11361. Scope of authority: changes in financial structure

  [(a) The authority of the Interstate Commerce Commission to 
act under this subchapter is exclusive. The Commission may 
approve and authorize a carrier, as defined in section 
11301(a)(1) of this title, to change (1) a part of a class of 
its securities, as defined in section 11301(a)(2) of this 
title, or (2) a part of an instrument under which a class of 
its securities is issued or a class of its obligations is 
secured. When a change is approved and authorized by the 
Commission under this subchapter, the carrier may carry out the 
change notwithstanding an express provision in the affected 
instrument or a State law and without getting other approval 
from the Commission or from a State authority. A person 
participating in carrying out a change that is approved and 
authorized under this subchapter is exempt from all other law, 
including State and municipal law, as necessary to let that 
person carry out the change.
  [(b) The Commission may not approve an application filed 
under this section by a carrier that is in equity receivership 
or reorganization under subchapter IV of chapter 11 of title 
11.
  [(c) A power granted to a carrier under this subchapter 
changes its powers under its corporate charter and under State 
law.
  [(d) This subchapter does not affect the negotiability of a 
security of a carrier or of the obligation of a carrier that 
assumed liability related to a security. This subchapter does 
not apply to an equipment-trust certificate under which a 
carrier is obligated, to an evidence of indebtedness of a 
carrier the payment of which is secured solely by equipment, or 
to another instrument under which that equipment-trust 
certificate or evidence of indebtedness was issued or by which 
either of them is secured.

[Sec. 11362. Criteria for approval and authority

  [(a) A carrier may apply to the Interstate Commerce 
Commission for approval and authority to make a change under 
this subchapter. To approve a proposed change, the Commission 
must find that the proposed change--
          [(1) is within the scope of section 11361 of this 
        title;
          [(2) will be in the public interest;
          [(3) will be in the best interests of the carrier, of 
        each class of its stockholders, and of the holders of 
        each class of the carrier's obligations that are 
        affected by the change; and
          [(4) will not be against the interests of a creditor 
        of the carrier who is not affected by the change.
If the change involves an issuance of securities, the 
Commission must also make the findings required under section 
11301(d)(1) of this title.
  [(b)(1) The Commission shall begin a proceeding under this 
section on receipt of an application but may require an 
applicant to get assurances of assent to the change from the 
holders of the outstanding shares of the securities that will 
be affected by the change before continuing with the 
proceeding. The Commission may determine the percentage of the 
principal amount or number of those shares needed to establish 
assurance of assent to the change. A class of securities is 
considered to be affected by a proposed change only if the 
change is proposed to a part of that class or to a part of an 
instrument under which that class was issued or by which it is 
secured. However, if a proposed change is to an instrument 
under which at least 2 classes of securities were issued and 
are outstanding or secured by that instrument, only those 
classes to which the change is related are considered to be 
affected. The Commission shall divide the securities to be 
affected by a proposed change under this subchapter into 
reasonable classes for purposes of this subchapter.
  [(2) On receipt of an application of a carrier under this 
section the Commission shall notify, and file a copy of the 
application with, the chief executive officer of each State in 
which that carrier operates. The appropriate authorities of 
those States are entitled to be admitted as parties to a 
proceeding under this section to represent the rights and 
interests of their people and States.
  [(c) The carrier must give notice of the proceeding to the 
holders of the class of securities affected. The Commission may 
direct the carrier to give notice to other persons the 
Commission determines to have an interest in the proceeding. 
The carrier may give notice under this subsection only after it 
gets assurances of assent when they are required under this 
section.
  [(d) The Commission may impose conditions governing the 
proposed change. The Commission may determine the effective 
date for a change it approves and authorizes under this 
subchapter and may allow it to become effective on publication 
of a declaration to that effect by the carrier. After an 
application is approved, the Commission may change a condition 
imposed and impose supplemental requirements for good cause 
shown subject to the requirements of this subchapter.

[Sec. 11363. Assent of holders of securities and certain other 
                    instruments

  [(a)(1) After making the findings required under section 
11362(a) of this title, the Commission may approve and 
authorize the change if it is assented to by the holders of at 
least 75 percent of the aggregate principal amount or number of 
outstanding shares of each class of securities affected by the 
change. The Commission may increase the percentage required for 
assent under this subsection for a class of shares when an 
increase is in the public interest and--
          [(A) 75 percent of the shares in that class are held 
        by less than 25 security holders; or
          [(B) that class is entitled to vote for the election 
        of directors of the carrier and the Commission 
        determines that the assent of at least 25 percent of 
        the security holders of that class are controlled by 
        the carrier or a person controlling the carrier.
  [(2) The carrier may withdraw its application after the 
Commission makes the findings required under section 11362(a) 
of this title. If the application is not withdrawn, the 
Commission must require the carrier to submit the proposed 
change, with conditions imposed by the Commission, to the 
holders of each class of its securities affected by the change 
for their assent or rejection.
  [(b)(1) In determining the percentage of outstanding 
securities when making a finding under section 11362(a) of this 
title, a security that secures an evidence of indebtedness of 
the carrier or of a company controlling or controlled by the 
carrier is considered to be outstanding unless the Commission 
determines that the proposed change does not materially affect 
the interest of the holder of that evidence of indebtedness. 
When that security is considered to be outstanding, assent to a 
proposed change may be given, notwithstanding another 
instrument, only--
          [(A) if the security is pledged as security under an 
        instrument under which an evidence of indebtedness was 
        issued and is outstanding, by the holder of a majority 
        of the principal amount of the evidence of 
        indebtedness; or
          [(B) if the security secures an evidence of 
        indebtedness not issued under an instrument under which 
        an evidence of indebtedness was issued, by the holder 
        of the evidence of indebtedness.
  [(2) In addition to a submission required under subsection 
(a) of this section, the Commission shall require the carrier 
to submit a proposed change to a security referred to in this 
subsection, with requirements imposed by the Commission, to the 
holder of the evidence of indebtedness referred to in paragraph 
(1) (A) and (B) of this subsection as appropriate, for assent 
or rejection. A carrier is not required to submit the change to 
the trustee of the instrument referred to in that paragraph.
  [(c) If the Commission determines that the assent of the 
holder of a security not entitled to vote for the election of 
directors of the carrier or an evidence of indebtedness is in 
the control of the carrier or of a person controlling the 
carrier, that security or evidence of indebtedness is not 
considered to be outstanding.

[Sec. 11364. Procedure

  [(a) The Commission may prescribe the manner in which 
assents, assurances of assent, or rejections of the security 
holders may be solicited whether the solicitation is made 
before or after the Commission approves and authorizes the 
proposed change.
  [(b) The Commission may approve a bank or trust company, 
incorporated under the law of the United States or a State, 
that is a member of the Federal Reserve System and has a 
capital and surplus of at least $2,000,000, to receive assents 
and revocations of assents from security holders. The 
Commission may require the security holders to send those 
assents and revocations to that bank or trust company. That 
bank or trust company shall certify the result of the 
submission to the Commission. The Commission may rely on that 
certification as conclusive evidence in determining the result 
of that submission.

[Sec. 11365. Effect of change on other persons

  [(a) When a change becomes effective under this subchapter, 
the change is binding on, and changes the rights of--
          [(1) each holder of a security of the carrier of each 
        class affected by the change; and
          [(2) a trustee or other party to an instrument under 
        which a class of securities has been issued or by which 
        it is secured.
  [(b) An authorization and approval of a change under this 
subchapter is authority for, and approval of, a corresponding 
change of the obligation of another carrier that assumed 
liability related to that class of securities if that carrier 
consents to the change in writing. When consent is given, the 
corresponding change becomes effective when the change of the 
class of securities or instrument becomes binding. A person who 
is liable or obligated on a class of securities issued by a 
carrier is a carrier with respect to that class for the 
purposes of this subchapter.

[Sec. 11366. Reports

  [A carrier receiving approval and authorization to make a 
change under this subchapter shall report the action taken by 
it in making that change to the Interstate Commerce Commission. 
The Commission may require periodic or special reports.

[Sec. 11367. Application of other laws

  [(a) Section 14(a) of the Securities Exchange Act of 1934 (15 
U.S.C. 78n(a)) does not apply to a solicitation related to a 
proposed change under this subchapter.
  [(b) If the Interstate Commerce Commission finds an issuance 
of a security, that is an interest in a railroad equipment 
trust as defined in section 3(a)(6) of the Securities Act of 
1933 (15 U.S.C. 77c(a)(6)), under this subchapter complies with 
section 11301 of this title, it is considered to be an issuance 
subject to section 11301 within the meaning of section 3(a)(6). 
Section 5 of that Act (15 U.S.C. 77e) does not apply to the 
issuance, sale, or exchange of certificates of deposit 
representing securities of, or claims against, a carrier that 
are issued by committees in proceedings under this subchapter. 
Those certificates and transactions under this subchapter are 
exempt from that Act (15 U.S.C. 77a et seq.).

                 [CHAPTER 115--FEDERAL-STATE RELATIONS

[Sec.

[11501. Interstate Commerce Commission authority over intrastate 
          transportation.
[11502. Conferences and joint hearings with State authorities.
[11503. Tax discrimination against rail transportation property.
[11503a. Tax discrimination against motor carrier transportation 
          property.
[11504. Withholding State and local income tax by certain carriers.
[11505. State action to enjoin rail carriers from certain actions.
[11506. Registration of motor carriers by a State.
[11507. Prison-made property governed by State law.

[Sec. 11501. Interstate Commerce Commission authority over intrastate 
                    transportation

  [(a) The Interstate Commerce Commission shall prescribe the 
rate, classification, rule, or practice for transportation or 
service provided by a household goods freight forwarder subject 
to the jurisdiction of the Commission under subchapter IV of 
chapter 105 of this title when the Commission finds that a 
rate, classification, rule, or practice of a State causes--
          [(1) between persons or localities in intrastate 
        commerce and in interstate and foreign commerce, 
        unreasonable discrimination against those persons or 
        localities in interstate or foreign commerce; or
          [(2) unreasonable discrimination against or imposes 
        an unreasonable burden on interstate or foreign 
        commerce.
  [(b)(1) A State authority may only exercise jurisdiction over 
intrastate transportation provided by a rail carrier providing 
transportation subject to the jurisdiction of the Commission 
under subchapter I of chapter 105 of this title if such State 
authority exercises such jurisdiction exclusively in accordance 
with the provisions of this subtitle.
  [(2) Within 120 days after the effective date of the Staggers 
Rail Act of 1980, each State authority exercising jurisdiction 
over intrastate rates, classifications, rules, and practices 
for intrastate transportation described in paragraph (1) of 
this subsection shall submit to the Commission the standards 
and procedures (including timing requirements) used by such 
State authority in exercising such jurisdiction.
  [(3)(A) Within 90 days after receipt of the intrastate 
regulatory rate standards and procedures of a State authority 
under paragraph (2) of this subsection, the Commission shall 
certify such State authority for purposes of this subsection if 
the Commission determines that such standards and procedures 
are in accordance with the standards and procedures applicable 
to regulation of rail carriers by the Commission under this 
subtitle. If the Commission determines that such standards and 
procedures are not in such accordance, it shall deny 
certification to such State authority, and such State authority 
may resubmit new standards and procedures to the Commission for 
review in accordance with this subsection.
  [(B) The standards and procedures existing in each State on 
the effective date of the Staggers Rail Act of 1980 for the 
exercise of jurisdiction over intrastate rail rates, 
classifications, rules, and practices shall be deemed to be 
certified by the Commission from that date until the date an 
initial determination is made by the Commission under 
subparagraph (A) of this paragraph.
  [(4)(A) Any State authority which is certified by the 
Commission under this subsection may use its standards and 
procedures in exercising jurisdiction over intrastate rail 
rates, classifications, rules, and practices during the 5-year 
period commencing on the date of such certification. Any State 
authority which is denied certification or which does not seek 
certification may not exercise any jurisdiction over intrastate 
rates, classifications, rules, and practices until it receives 
certification under this subsection.
  [(B) Any intrastate transportation provided by a rail carrier 
in a State which may not exercise jurisdiction over an 
intrastate rate, classification, rule, or practice of that 
carrier due to a denial of certification under this subsection 
shall be deemed to be transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 
105 of this title.
  [(5)(A) Certification of a State authority under this 
subsection is valid for the 5-year period beginning on the date 
of such certification. Prior to the expiration of such 5-year 
period, the State authority shall resubmit its intrastate 
regulatory standards procedures to the Commission for 
subsequent certification in accordance with this subsection.
  [(B) During any 5-year certification period, a State may not 
change its certified standards and procedures without notifying 
and receiving express approval from the Commission.
  [(6) Notwithstanding any other provision of this subtitle, a 
State authority may not exercise any jurisdiction over general 
rate increases under section 10706 of this title, inflation-
based rate increases under section 10712 of this title, or fuel 
adjustment surcharges approved by the Commission.
  [(c) Any rail carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 
105 of this title may petition the Commission to review the 
decision of any State authority, in any administrative 
proceeding in which the lawfulness of an intrastate rate, 
classification, rule, or practice is determined, on the grounds 
that the standards and procedures applied by the State were not 
in accordance with the provisions of this subtitle. The 
Commission shall take final action on any such petition within 
30 days after the date it is received. If the Commission 
determines that the standards and procedures were not in 
accordance with the provisions of this subtitle, its order 
shall determine and authorize the carrier to establish the 
appropriate rate, classification, rule, or practice.
  [(d)(1) The Commission has exclusive authority to prescribe 
an intrastate rate for transportation provided by a rail 
carrier subject to the jurisdiction of the Commission under 
subchapter I of chapter 105 of this title when--
          [(A) a rail carrier files with an appropriate State 
        authority a change in an intrastate rate, or a change 
        in a classification, rule, or practice that has the 
        effect of changing an intrastate rate, that adjusts the 
        rate to the rate charged on similar traffic moving in 
        interstate or foreign commerce; and
          [(B) the State authority does not act finally on the 
        change by the 120th day after it was filed.
  [(2) When a rail carrier files an application with the 
Commission under this subsection, the Commission shall 
prescribe the intrastate rate under the standards of subsection 
(a) of this section and chapter 107 of this title. Notice of 
the application shall be served on the State authority.
  [(e) No State or political subdivision thereof and no 
interstate agency or other political agency of two or more 
States shall enact or enforce any law, rule, regulation, 
standard, or other provision having the force and effect of law 
relating to scheduling of interstate or intrastate 
transportation provided by motor common carrier of passengers 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title on an authorized interstate 
route or relating to the implementation of any reduction in the 
rates for such transportation except to the extent that notice, 
not in excess of 30 days, of changes in schedules may be 
required. This subsection shall not apply to intrastate 
commuter bus operations.
  [(f) The Commission may take action (1) under this section 
only after a full hearing, or (2) with respect to a rate, rule, 
or practice of a motor common carrier of passengers, in 
accordance with the procedures established by the Commission 
under subsection (e)(3)(B) of this section. Action of the 
Commission under this section supersedes State law or action 
taken under State law in conflict with the action of the 
Commission.
  [(g) Preemption of State Regulation of Freight Forwarders.--
          [(1) General rule.--Subject to paragraph (2) of this 
        subject, no State or political subdivision thereof and 
        no interstate agency or other political agency of two 
        or more States shall enact or enforce any law, rule, 
        regulation, standard, or other provision having the 
        force and effect of law relating to interstate rates, 
        interstate routes, or interstate services of any 
        freight forwarder.
          [(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.
  [(h) Preemption of State Economic Regulation of Motor 
Carriers.--
          [(1) General rule.--Except as provided in paragraphs 
        (2) and (3), a State, political subdivision of a State, 
        or political authority of 2 or more States may not 
        enact or enforce a law, regulation, or other provision 
        having the force and effect of law related to a price, 
        route, or service of any motor carrier (other than a 
        carrier affiliated with a direct air carrier covered by 
        section 41713(b)(4) of this title) or any motor private 
        carrier 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; 
                and
                  [(B) does not apply to the transportation of 
                household goods.
          [(3) State standard transportation practices.--
                  [(A) Continuation.--Paragraph (1) shall not 
                affect any authority of a State, political 
                subdivision of a State, or political authority 
                of 2 or more States to enact or enforce a law, 
                regulation, or other provision, with respect to 
                the intrastate transportation of property by 
                motor carriers, related to--
                          [(i) uniform cargo liability rules,
                          [(ii) uniform bills of lading or 
                        receipts for property being 
                        transported,
                          [(iii) uniform cargo credit rules, or
                          [(iv) antitrust immunity for joint 
                        line rates or routes, classifications 
                        and mileage guides,
                if such law, regulation, or provision meets the 
                requirements of subparagraph (B).
                  [(B) Requirements.--A law, regulation, or 
                provision of a State, political subdivision, or 
                political authority meets the requirements of 
                this subparagraph if--
                          [(i) the law, regulation, or 
                        provision covers the same subject 
                        matter as, and compliance with such 
                        law, regulation, or provision is no 
                        more burdensome than compliance with, a 
                        provision of this subtitle or a 
                        regulation issued by the Interstate 
                        Commerce Commission or the Secretary of 
                        Transportation under this subtitle; 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.

[Sec. 11502. Conferences and joint hearings with State authorities

  [(a)(1) In carrying out this subtitle as it applies to a 
class of persons providing transportation or service subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I, III, or IV of chapter 105 of this title, the 
Commission may--
          [(A) confer and hold joint hearings with the State 
        authorities having regulatory jurisdiction of that 
        class when the conference or hearing is related to an 
        investigation of the relationship between rate 
        structures and practices of carriers providing 
        transportation or service subject to the jurisdiction 
        of the State authorities and of the Commission, and the 
        Commission may take action as a result of the 
        investigation that may affect the rulemaking authority 
        of a State; and
          [(B) cooperate with and use the services, records, 
        and facilities of the State authorities.
  [(2) In carrying out this subtitle as it applies to motor 
carriers and brokers providing transportation subject to the 
jurisdiction of the Commission under subchapter II of chapter 
105 of this title, the Commission may--
          [(A) confer and hold joint hearings with State 
        authorities;
          [(B) cooperate with and use the services, records, 
        and facilities of State authorities; and
          [(C) make cooperative agreements with a State to 
        enforce the economic laws and regulations of a State 
        and the United States concerning highway 
        transportation.
  [(b) When an investigation under this subtitle involving a 
common carrier providing transportation or service subject to 
the jurisdiction of the Commission under subchapter I or IV of 
chapter 105 of this title, is about a rate, classification, 
rule, or practice of a State, the Commission shall notify the 
interested State of the proceeding before disposing of the 
issue.
  [(c) When a representative of a State authority sits with the 
Commission in an investigation about a carrier subject to the 
jurisdiction of the Commission under subchapter I or III or 
chapter 105 of this title, the representative may be given an 
allowance for travel and subsistence expenses. The Commission 
may determine the amount of the allowance.

[Sec. 11503. Tax discrimination against rail transportation property

  [(a) In this section--
          [(1) ``assessment'' means valuation for a property 
        tax levied by a taxing district;
          [(2) ``assessment jurisdiction'' means a geographical 
        area in a State used in determining the assessed value 
        of property for ad valorem taxation;
          [(3) ``rail transportation property'' means property, 
        as defined by the Interstate Commerce Commission, owned 
        or used by a rail carrier providing transportation 
        subject to the jurisdiction of the Commission under 
        subchapter I of chapter 105 of this title; and
          [(4) ``commercial and industrial property'' means 
        property, other than transportation property and land 
        used primarily for agricultural purposes or timber 
        growing, devoted to a commercial or industrial use and 
        subject to a property tax levy.
  [(b) The following acts unreasonably burden and discriminate 
against interstate commerce, and a State, subdivision of a 
State, or authority acting for a State or subdivision of a 
State may not do any of them:
          [(1) assess 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 clause (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; and
          [(4) impose another tax that discriminates against a 
        rail carrier providing transportation subject to the 
        jurisdiction of the Commission under subchaper I of 
        chapter 105 of this title.
  [(c) Notwithstanding section 1341 of title 28 and without 
regard to the amount in controversy or citizenship of the 
parties, a district court of the United States has 
jurisdiction, concurrent with other jurisdiction of courts of 
the United States and the States, to prevent a violation of 
subsection (b) of this section. Relief may be granted under 
this subsection only if the ratio of assessed value to true 
market value of rail transportation property exceeds by at 
least 5 percent, the ratio of assessed value to true market 
value of other commercial and industrial property in the same 
assessment jurisdiction. The burden of proof in determining 
assessed value and true market value is governed by State law. 
If the ratio of the assessed value of other commercial and 
industrial property in the assessment jurisdiction to the true 
market value of all other commercial and industrial property 
cannot be determined to the satisfaction of the district court 
through the random-sampling method known as a sales assessment 
ratio study (to be carried out under statistical principles 
applicable to such a study), the court shall find, as a 
violation of this section--
          [(1) an assessment of the rail transportation 
        property at a value that has a higher ratio to the true 
        market value of the rail transportation property than 
        the assessed value of all other property subject to a 
        property tax levy in the assessment jurisdiction has to 
        the true market value of all other commercial and 
        industrial property; and
          [(2) the collection of an ad valorem property tax on 
        the rail transportation property at a tax rate that 
        exceeds the tax ratio rate applicable to taxable 
        property in the taxing district.

[Sec. 11503a. Tax discrimination against motor carrier transportation 
                    property

  [(a) In this section--
          [(1) ``assessment'' means valuation for a property 
        tax levied by a taxing district;
          [(2) ``assessment jurisdiction'' means a geographical 
        area in a State used in determining the assessed value 
        of property for ad valorem taxation;
          [(3) ``motor carrier transportation property'' means 
        property, as defined by the Interstate Commerce 
        Commission, owned or used by a motor carrier providing 
        transportation in interstate commerce whether or not 
        such transportation is subject to the jurisdiction of 
        the Commission under subchapter II of chapter 105 of 
        this title; and
          [(4) ``commercial and industrial property'' means 
        property, other than transportation property and land 
        used primarily for agricultural purposes or timber 
        growing, devoted to a commercial or industrial use and 
        subject to a property tax levy.
  [(b) The following acts unreasonably burden and discriminate 
against interstate commerce and a State, subdivision of a 
State, or authority acting for a State or subdivision of a 
State may not do any of them:
          [(1) assess motor carrier transportation property at 
        a value that has a higher ratio to the true market 
        value of the motor carrier transportation property than 
        the ratio that the assessed value of other commercial 
        and industrial property in the same assessment 
        jurisdiction has to the true market value of the other 
        commercial and industrial property;
          [(2) levy or collect a tax on an assessment that may 
        not be made under paragraph (1) of this subsection;
          [(3) levy or collect an ad valorem property tax on 
        motor carrier transportation property at a tax rate 
        that exceeds the tax rate applicable to commercial and 
        industrial property in the same assessment 
        jurisdiction.
  [(c) Notwithstanding section 1341 of title 28 and without 
regard to the amount in controversy or citizenship of the 
parties, a district court of the United States has 
jurisdiction, concurrent with other jurisdiction of courts of 
the United States and the States, to prevent a violation of 
subsection (b) of this section. Relief may be granted under 
this subsection only if the ratio of assessed value to true 
market value of motor carrier transportation property exceeds 
by at least 5 percent, the ratio of assessed value to true 
market value of other commercial and industrial property in the 
same assessment jurisdiction. The burden of proof in 
determining assessed value and true market value is governed by 
State law. If the ratio of the assessed value of other 
commercial and industrial property in the assessment 
jurisdiction to the true market value of all other commercial 
and industrial property cannot be determined to the 
satisfaction of the district court through the random-sampling 
method known as a sales assessment ratio study (to be carried 
out under statistical principles applicable to such a study), 
the court shall find, as a violation of this section--
          [(1) an assessment of the motor carrier 
        transportation property at a value that has a higher 
        ratio to the true market value of the motor carrier 
        transportation property than the assessment value of 
        all other property subject to a property tax levy in 
        the assessment jurisdiction has to the true market 
        value of all such other property; and
          [(2) the collection of ad valorem property tax on the 
        motor carrier transportation property at a tax rate 
        that exceeds the tax ratio rate applicable to taxable 
        property in the taxing district.

[Sec. 11504. Withholding State and local income tax by certain carriers

  [(a) No part of the compensation paid by a rail carrier 
providing transportation subject to the jurisdiction of the 
Commission under subchapter I of chapter 105 of this title 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)(1) No part of the compensation paid by a motor carrier 
providing transportation subject to the jurisdiction of the 
Commission under subchapter II of chapter 105 of this title or 
by a motor private carrier to an employee who performs 
regularly assigned duties in 2 or more States as such an 
employee with respect to a motor vehicle shall be subject to 
the income tax laws of any State or subdivision of that State, 
other than the State or subdivision thereof of the employee's 
residence.
  [(2) In this subsection ``employee'' has the meaning given 
such term in section 31132 of this title.
  [(c)(1) In this subsection, an employee is deemed to have 
earned more than 50 percent of pay in a State or subdivision of 
that State in which the time worked by the employee in the 
State or subdivision is more than 50 percent of the total time 
worked by the employee while employed during the calendar year.
  [(2) A water carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter III of chapter 
105 of this title or a water carrier or class of water carriers 
providing transportation on inland or coastal waters under an 
exemption under this subtitle shall file income tax information 
returns and other reports only with--
          [(A) the State and subdivision of residence of the 
        employee (as shown on the employment records of the 
        carrier); and
          [(B) the State and subdivision in which the employee 
        earned more than 50 percent of the pay received by the 
        employee from the carrier during the preceding calendar 
        year.
  [(3) This subsection applies to pay of a master, officer, or 
sailor who is a member of the crew on a vessel engaged in 
foreign, coastwise, intercoastal or noncontiguous trade or in 
the fisheries of the United States.
  [(d) A rail, motor, and motor private carrier withholding pay 
from an employee under subsection (a) or (b) of this section 
shall file income tax information returns and other reports 
only with the State and subdivision of residence of the 
employee.

[Sec. 11505. State action to enjoin rail carriers from certain actions

  [(a) The attorney general of a State or transportation 
regulatory authority of a State or area affected by a violation 
of sections 10901-10907 of this title, may bring a civil action 
to enjoin a rail carrier from violating those sections.
  [(b) A transportation regulatory authority of a State 
affected by an abandonment of service by a household goods 
freight forwarder in violation of section 10933 of this title 
may bring a civil action to enjoin the abandonment.

[ H6  deg.Sec. 11506. 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 Interstate 
Commerce Commission to prove the lawfulness of transportation 
by motor carrier referred to in section 10521(a) (1) and (2) of 
this title.
  [(b) General Rule.--The requirement of a State that a motor 
carrier, providing transportation subject to the jurisdiction 
of the Commission under subchapter II of chapter 105 of this 
title and providing transportation in that State, register the 
certificate or permit issued to the carrier under section 10922 
or 10923 of this title is not an unreasonable burden on 
transportation referred to in section 10521(a) (1) and (2) of 
this title when the registration is completed under standards 
of the Commission under subsection (c) of this section. When a 
State registration requirement imposes obligations in excess of 
the standards, the part in excess is an unreasonable burden.
  [(c) Single State Registration System.--
          [(1) In general.--Not later than 18 months after the 
        date of the enactment of the Intermodal Surface 
        Transportation Efficiency Act of 1991, the Commission 
        shall prescribe amendments to the standards existing as 
        of such date of enactment. Such amendments shall 
        implement a system under which--
                  [(A) a motor carrier is required to register 
                annually with only one State;
                  [(B) the State of registration shall fully 
                comply with standards prescribed under this 
                section; and
                  [(C) such single State registration shall be 
                deemed to satisfy the registration requirements 
                of all other States.
          [(2) Specific requirements.--
                  [(A) Evidence of certificate; proof of 
                insurance; payment of fees.--Under the amended 
                standards implementing the single State 
                registration system described in paragraph (1) 
                of this subsection, only a State acting in its 
                capacity as registration State under such 
                single State system may require a motor carrier 
                holding a certificate or permit issued under 
                this subtitle--
                          [(i) to file and maintain evidence of 
                        such certificate or permit;
                          [(ii) to file satisfactory proof of 
                        required insurance or qualification as 
                        a self-insurer;
                          [(iii) to pay directly to such State 
                        fee amounts in accordance with the fee 
                        system established under subparagraph 
                        (B)(iv) of this paragraph, subject to 
                        allocation of fee revenues among all 
                        States in which the carrier operates 
                        and which participate in the single 
                        State registration system; and
                          [(iv) to file the name of a local 
                        agent for service of process.
                  [(B) Receipts; fee system.--Such amended 
                standards--
                          [(i) shall require that the 
                        registration State issue a receipt, in 
                        a form prescribed under the amended 
                        standards, reflecting that the carrier 
                        has filed proof of insurance as 
                        provided under subparagraph (A)(ii) of 
                        this paragraph and has paid fee amounts 
                        in accordance with the fee system 
                        established under clause (iv) of this 
                        subparagraph;
                          [(ii) shall require that copies of 
                        the receipt issued under clause (i) of 
                        this subparagraph be kept in each of 
                        the carrier's commercial motor 
                        vehicles;
                          [(iii) shall not require decals, 
                        stamps, cab cards, or any other means 
                        of registering or identifying specific 
                        vehicles operated by the carrier;
                          [(iv) shall establish a fee system 
                        for the filing of proof of insurance as 
                        provided under subparagraph (A)(ii) of 
                        this paragraph that (I) will be based 
                        on the number of commercial motor 
                        vehicles the carrier operates in a 
                        State and on the number of States in 
                        which the carrier operates, (II) will 
                        minimize the costs of complying with 
                        the registration system, and (III) will 
                        result in a fee for each participating 
                        State that is equal to the fee, not to 
                        exceed $10 per vehicle, that such State 
                        collected or charged as of November 15, 
                        1991; and
                          [(v) shall not authorize the charging 
                        or collection of any fee for filing and 
                        maintaining a certificate or permit 
                        under subparagraph (A)(i) of this 
                        paragraph.
                  [(C) Prohibited fees.--The charging or 
                collection of any fee under this section that 
                is not in accordance with the fee system 
                established under subparagraph (B)(iv) of this 
                paragraph shall be deemed to be a burden on 
                interstate commerce.
                  [(D) Limitation on participation by states.--
                Only a State which, as of January 1, 1991, 
                charged or collected a fee for a vehicle 
                identification stamp or number under part 1023 
                of title 49, Code of Federal Regulations, shall 
                be eligible to participate as a registration 
                State under this subsection or to receive any 
                fee revenue under this sub-section.
          [(3) Effective date of amendments.--Amendments 
        prescribed under this subsection shall take effect by 
        January 1, 1994.
  [(d) Interpretation Authority of Commission.--This section 
does not affect the authority of the Commission to interpret 
its regulations and certificates and permits issued under 
section 10922 or 10923 of this title.

[Sec. 11507. Prison-made property governed by State law

  [Goods, wares, and merchandise produced or mined in a penal 
institution or by a prisoner not on parole, supervised release, 
or probation and transported into and used, sold, or stored in 
a State or territory or possession of the United States, is 
subject to the laws of that State, territory, or possession. 
This section does not apply to commodities produced in a penal 
institution of the United States Government for its use.

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

[Sec.

[11701. General authority.
[11702. Enforcement by the Interstate Commerce Commission.
[11703. Enforcement by the Attorney General.
[11704. Action by a private person to enjoin abandonment of service.
[11705. Rights and remedies of persons injured by certain carriers.
[11706. Limitation on actions by and against common carriers.
[11707. Liability of common carriers under receipts and bills of lading.
[11708. Private enforcement: motor carrier and household goods freight 
          forwarder licensing.
[11709. Liability for issuance of securities by certain carriers.
[11710. Liability when property is delivered in violation of routing 
          instructions.
[11711. Dispute settlement program for household goods carriers.
[11712. Tariff reconciliation rules for motor common carriers of 
          property.

[Sec. 11701. General authority

  [(a) The Interstate Commerce Commission may begin an 
investigation under this subtitle on its own initiative or on 
complaint. If the Commission finds that a carrier, broker or 
freight forwarder is violating this subtitle, the Commission 
shall take appropriate action to compel compliance with this 
subtitle. If the Commission finds that a foreign motor carrier 
or foreign motor private carrier is violating section 10530 of 
this title, the Commission shall take appropriate action to 
compel compliance with such section. The Commission may take 
that action only after giving the carrier, broker or freight 
forwarder notice of the investigation and an opportunity for a 
proceeding.
  [(b) A person, including a governmental authority, may file 
with the Commission, a complaint about a violation of this 
subtitle by a carrier providing, or broker for, transportation 
or service subject to the jurisdiction of the Commission under 
this subtitle or a foreign motor carrier or foreign motor 
private carrier providing transportation under a certificate of 
registration issued under section 10530 of this title, or 
freight forwarder. The complaint must state the facts that are 
the subject of the violation and, if it is against a water 
carrier, must be made under oath. The Commission may dismiss a 
complaint it determines does not state reasonable grounds for 
investigation and action. However, the Commission may not 
dismiss a complaint made against a common carrier providing 
transportation subject to the jurisdiction of the Commission 
under subchapter I of chapter 105 of this title because of the 
absence of direct damage to the complainant.
  [(c) A formal investigative proceeding begun by the 
Commission under subsection (a) of this section is dismissed 
automatically unless it is concluded by the Commission with 
administrative finality by the end of the 3d year after the 
date on which it was begun.

[Sec. 11702. Enforcement by the Interstate Commerce Commission

  [(a) The Interstate Commerce Commission may bring a civil 
action--
          [(1) to enjoin a rail carrier from violating section 
        10901-10907 or 10933 of this title, or a regulation 
        prescribed or certificate issued under any of those 
        sections;
          [(2) to enforce section 10527 or 10930 or 11109 or 
        11111 or 11323 of this title, or subchapter III of 
        chapter 113 of this title and to compel compliance with 
        the order of the Commission under any of those sections 
        and that subchapter;
          [(3) to enforce an order of the Commission, except a 
        civil action to enforce an order for the payment of 
        money, when it is violated by a carrier providing 
        transportation subject to the jurisdiction of the 
        Commission under subchapter I of chapter 105 of this 
        title;
          [(4) to enforce this subtitle (except a civil action 
        under a provision of this subtitle governing the 
        reasonableness and discriminatory character of rates), 
        or a regulation or order of the Commission or a 
        certificate or permit issued under this subtitle when 
        violated by a motor carrier or broker providing 
        transportation subject to the jurisdiction of the 
        Commission under subchapter II of chapter 105 of this 
        title or by a foreign motor carrier or foreign motor 
        private carrier providing transportation under a 
        certificate of registration issued under section 10530 
        of this title;
          [(5) to enforce this subtitle (except a civil action 
        under a provision of this subtitle governing the 
        reasonableness and discriminatory character of rates), 
        or a regulation or order of the Commission or a 
        certificate or permit issued under this subtitle, 
        except a civil action to enforce an order for the 
        payment of money, when violated by a carrier providing 
        transportation subject to the jurisdiction of the 
        Commission under subchapter III of chapter 105 of this 
        title; and
          [(6) to enforce this subtitle, or a regulation or 
        order of the Commission or permit issued under this 
        subtitle when violated by a carrier providing service 
        subject to the jurisdiction of the Commission under 
        subchapter IV of chapter 105 of this title.
  [(b) In a civil action under subsection (a)(4) of this 
section--
          [(1) trial is in the judicial district in which the 
        motor carrier, foreign motor carrier (as defined under 
        section 10530(a)), foreign motor private carrier (as 
        defined under section 10530(a)), 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.

[Sec. 11703. Enforcement by the Attorney General

  [(a) The Attorney General may, and on request of the 
Interstate Commerce Commission shall, bring court proceedings 
to enforce this subtitle or a regulation or order of the 
Commission or certificate or permit issued under this subtitle 
and to prosecute a person violating this subtitle or a 
regulation or order of the Commission or certificate or permit 
issued under this subtitle.
  [(b) The United States Government may bring a civil action on 
behalf of a person to compel a common carrier providing 
transportation or service subject to the jurisdiction of the 
Commission under chapter 105 of this title to provide that 
transportation or service to that person in compliance with 
this subtitle 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. 11704. Action by a private person to enjoin abandonment of 
                    service

  [An interested person may bring a civil action to enjoin an 
abandonment of service in violation of section 10933 of this 
title or a certificate issued under that section.

[Sec. 11705. Rights and remedies of persons injured by certain carriers

  [(a) A person injured because a carrier providing 
transportation or service subject to the jurisdiction of the 
Interstate Commerce Commission under chapter 105 of this title 
or a freight forwarder does not obey an order of the 
Commission, except an order for the payment of money, may bring 
a civil action to enforce that order under this subsection.
  [(b)(1) A common carrier providing transportation or service 
subject to the jurisdiction of the Commission under chapter 105 
of this title or a freight forwarder is liable to a person for 
amounts charged that exceed the applicable rate for 
transportation or service contained in a tariff filed under 
subchapter IV of chapter 107 of this title or the applicable 
freight forwarder rate, as the case may be.
  [(2) A common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I or III of 
chapter 105 of this title is liable for damages sustained by a 
person as a result of an act or omission of that carrier in 
violation of this subtitle.
  [(3) A common carrier providing transportation or service 
subject to the jurisdiction of the Commission under subchapter 
II or IV of chapter 105 of this title or a freight forwarder is 
liable for damages resulting from the imposition of rates for 
transportation or service the Commission finds to be in 
violation of this subtitle.
  [(c)(1) A person may file a complaint with the Commission 
under section 11701(b) of this title or bring a civil action 
under subsection (b) (1) or (2) of this section to enforce 
liability against a common carrier providing transportation 
subject to the jurisdiction of the Commission under subchapter 
I or III of chapter 105 of this title. A person may begin a 
proceeding under section 10704 or 10705 of this title to 
enforce liability under subsection (b)(3) of this section by 
filing a complaint with the Commission under section 11701(b) 
of this title.
  [(2) When the Commission makes an award under subsection (b) 
of this section, the Commission shall order the carrier to pay 
the amount awarded by a specific date. The Commission may order 
a carrier providing transportation subject to the jurisdiction 
of the Commission under subchapter I or III of chapter 105 of 
this title to pay damages only when the proceeding is on 
complaint. The person for whose benefit an order of the 
Commission 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)(1) When a person begins a civil action under subsection 
(b) this section to enforce an order of the Commission 
requiring the payment of damages by a common carrier providing 
transportation subject to the jurisdiction of the Commission 
under subchapter I or III of chapter 105 of this title, the 
text of the order of the Commission 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 
Commission 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 carrier is located, (C) if a rail 
carrier, through which the railroad line of that carrier runs, 
or (D) if a water carrier, in which a port of call on a route 
operated by that 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) All parties in whose favor the award was made may be 
joined as plaintiffs in a civil action brought in a district 
court of the United States under this subsection and all the 
carriers that are parties to the order awarding damages may be 
joined as defendants. Trial in the action is in the judicial 
district in which any one of the plaintiffs could bring the 
action against any one of the defendants. Process may be served 
on a defendant at its principal operating office when that 
defendant is not in the district in which the action is 
brought. A judgment ordering recovery may be made in favor of 
any of those plaintiffs against the defendant found to be 
liable to that plaintiff.
  [(3) The district court shall award a reasonable attorney's 
fee as a part of the damages for which a carrier 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. 11706. Limitation on actions by and against common carriers

  [(a) A common carrier providing transportation or service 
subject to the jurisdiction of the Interstate Commerce 
Commission under chapter 105 of this title or a freight 
forwarder must begin a civil action to recover charges for 
transportation or service provided by the carrier or freight 
forwarder within 3 years after the claim accrues; except that a 
motor carrier (other than a motor carrier providing 
transportation of household goods) or freight forwarder (other 
than a household goods freight forwarder)--
          [(1) must begin such a civil action within 2 years 
        after the claim accrues if the transportation or 
        service is provided by the carrier in the 1-year period 
        beginning on the date of the enactment of the 
        Negotiated Rates Act of 1993; and
          [(2) must begin such a civil action within 18 months 
        after the claim accrues if the transportation or 
        service is provided by the carrier after the last day 
        of such 1-year period.
  [(b) A person must begin a civil action to recover 
overcharges under section 11705(b)(1) of this title within 3 
years after the claim accrues; except that a person must begin 
a civil action to recover overcharges from a motor carrier 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title for transportation or service--
          [(1) within 2 years after the claim accrues if such 
        transportation or service is provided in the 1-year 
        period beginning on the date of the enactment of the 
        Negotiated Rate Act of 1993; and
          [(2) within 18 months after the claim accrues if such 
        transportation or service is provided after the last 
        day of such 1-year period.
If the claim is against a common carrier providing 
transportation subject to the jurisdiction of the Commission 
under subchapter I or III of chapter 105 of this title and an 
election to file a complaint with the Commission is made under 
section 11705(c)(1), the complaint must be filed within 3 years 
after the claim accrues.
  [(c)(1) A person must file a complaint with the Commission to 
recover damages under section 11705(b)(2) of this title within 
2 years after the claim accrues.
  [(2) A person must begin a civil action to recover damages 
under section 11705(b)(3) of this title within 2 years after 
the claim accrues.
  [(d) The limitation periods under subsection (b) of this 
section are extended for 6 months from the time written notice 
is given to the claimant by the carrier of disallowance of any 
part of the claim specified in the notice if a written claim is 
given to the carrier within those limitation periods. The 
limitation periods under subsection (b) of this section and the 
2-year period under subsection (c)(1) of this section are 
extended for 90 days from the time the carrier begins a civil 
action under subsection (a) of this section to recover charges 
related to the same transportation or service, or collects 
(without beginning a civil action under that subsection) the 
charge for that transportation or service if that action is 
begun or collection is made within the appropriate period.
  [(e) A person must begin a civil action to enforce an order 
of the Commission against a carrier for the payment of money 
within one year after the date the order required the money to 
be paid.
  [(f) This section applies to transportation for the United 
States Government. The time limitations under this section are 
extended, as related to transportation for or on behalf of the 
United States Government, for 3 years from the date of (1) 
payment of the rate for the transportation or service involved, 
(2) subsequent refund for overpayment of that rate, or (3) 
deduction made under section 3726 of title 31, whichever is 
later.
  [(g) A claim related to a shipment of property accrues under 
this section on delivery or tender of delivery by the carrier.

[Sec. 11707. Liability of common carriers under receipts and bills of 
                    lading

  [(a)(1) A common carrier providing transportation or service 
subject to the jurisdiction of the Interstate Commerce 
Commission under subchapter I, II, or IV of chapter 105 of this 
title and a freight forwarder shall issue a receipt or bill of 
lading for property it receives for transportation under this 
subtitle. That carrier or freight forwarder and any other 
common carrier that delivers the property and is providing 
transportation or service subject to the jurisdiction of the 
Commission under subchapter I, II, or IV are liable to the 
person entitled to recover under the receipt or bill of lading. 
The liability imposed under this paragraph is for the actual 
loss or injury to the property caused by (1) the receiving 
carrier, (2) the delivering carrier, or (3) another carrier 
over whose line or route the property is transported in the 
United States or from a place in the United States to a place 
in an adjacent foreign country when transported under a through 
bill of lading and, except in the case of a freight, forwarder 
applies to property reconsigned or diverted under a tariff 
filed under subchapter IV of chapter 107 of this title. Failure 
to issue a receipt or bill of lading does not affect the 
liability of a carrier or freight forwarder. A delivering 
carrier is deemed to be the carrier performing the line-haul 
transportation nearest the destination but does not include a 
carrier providing only a switching service at the destination.
  [(2) A freight forwarder is both the receiving and delivering 
carrier. When a freight forwarder provides service and uses a 
motor common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter II of chapter 
105 of this title to receive property from a consignor, the 
motor common 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 common carrier may 
deliver property for a freight forwarder on the freight 
forwarder's bill of lading, freight bill, or shipping receipt 
to the consignee named in it, and receipt for the property may 
be made on the freight forwarder's delivery receipt.
  [(b) The carrier issuing the receipt or bill of lading under 
subsection (a) of this section or delivering the property for 
which the receipt or bill of lading was issued is entitled to 
recover from the carrier over whose line or route the loss or 
injury occurred the amount required to be paid to the owners of 
the property, as evidenced by a receipt, judgment, or 
transcript, and the amount of its expenses reasonably incurred 
in defending a civil action brought by that person.
  [(c)(1) A common carrier and freight forwarder 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, rule, or tariff filed with the Commission in 
violation of this section is void.
  [(2) If loss or injury to property occurs while it is in the 
custody of a water carrier, the liability of that carrier is 
determined by its bill of lading and the law applicable to 
water transportation. The liability of the initial or 
delivering carrier is the same as the liability of the water 
carrier.
  [(3) A common carrier of passengers may limit its liability 
under its passenger rate for loss or injury of baggage carried 
on passenger trains, boats, or motor vehicles, or on trains, or 
boats, or motor vehicles carrying passengers.
  [(4) A common carrier may limit its liability for loss or 
injury of property transported under section 10730 of this 
title.
  [(d)(1) A civil action under this section may be brought 
against a delivering carrier (other than a rail carrier) in a 
district court of the United States or in a State court. Trial, 
if the action is brought in a district court of the United 
States is in a judicial district, and if in a State court, is 
in a State, through which the defendant carrier operates a 
railroad or route.
  [(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) A civil action under this section may be brought in a 
United States district court or in a State court.
  [(C) In this section, ``judicial district'' means (i) in the 
case of a United States district court, a judicial district of 
the United States, and (ii) in the case of a State court, the 
applicable geographic area over which such court exercises 
jurisdiction.
  [(e) A carrier or freight forwarder 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 or freight forwarder gives a 
person written notice that the carrier or freight forwarder 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 or freight forwarder, 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 or 
        freight forwarder'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 or freight 
        forwarder.

[Sec. 11708. Private enforcement: motor carrier and household goods 
                    freight forwarder licensing

  [(a) If a person provides transportation by motor vehicle or 
service of a household goods freight forwarder in clear 
violation of section 10921-10924, 10927, 10930-10932, or 11323 
of this title, a person injured by the transportation or 
service may bring a civil action to enforce any such section. 
In a civil action under this subsection, trial is in the 
judicial district in which the person who violated that section 
operates.
  [(b) A copy of the complaint in a civil action under 
subsection (a) of this section shall be served on the 
Interstate Commerce Commission and a certificate of service 
must appear in the complaint filed with the court. The 
Commission may intervene in a civil action under subsection (a) 
of this section. The Commission may notify the district court 
in which the action is pending that it intends to consider the 
matter that is the subject of the complaint in a proceeding 
before the Commission. When that notice is filed, the court 
shall stay further action pending disposition of the proceeding 
before the Commission.
  [(c) In a civil action under subsection (a) of this section, 
the court may determine the amount of and award a reasonable 
attorney's fee to the prevailing party. That fee is in addition 
to costs allowable under the Federal Rules of Civil Procedure.

[Sec. 11709. Liability for issuance of securities by certain carriers

  [A carrier issuing a security or assuming an obligation or 
liability that is void under section 11301 of this title and 
its directors, officers, attorneys, and other agents who 
participate in authorizing, issuing, hypothecating, or selling 
that security, or in authorizing the assumption of that 
obligation or liability, are jointly and severally liable for 
the damages sustained by a person who acquires for value, in 
good faith, and without notice that the issue or assumption is 
void (1) that security, or (2) a security under which an 
assumption or liability is void. If a security void under that 
section is acquired directly from the carrier issuing it, the 
holder may rescind the transaction and recover the 
consideration given for the security when it is surrendered to 
that carrier.

[Sec. 11710. Liability when property is delivered in violation of 
                    routing instructions

  [(a)(1) When a carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title diverts or delivers 
property to another carrier in violation of routing 
instructions in the bill of lading, both of those carriers are 
jointly and severally liable to the 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 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 Commission.
  [(3) A 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 carrier.
  [(b) The court shall award a reasonable attorney's fee to the 
plaintiff in a judgment against the defendant carrier under 
subsection (a) of this section. The court shall tax and collect 
that fee as a part of the costs of the action.

[Sec. 11711. Dispute settlement program for household goods carriers

  [(a)(1) One or more motor common carriers providing 
transportation of household goods subject to the jurisdiction 
of the Commission under subchapter II of chapter 105 of this 
title who want to establish a program to settle disputes 
between such carriers and shippers of household goods 
concerning the transportation of household goods may submit an 
application for establishing such program to the Commission. 
Such application shall be in such form and contain such 
information as the Commission may, by regulation, require. The 
Commission shall review and approve, in accordance with the 
provisions of this section, each application submitted under 
this subsection.
  [(2) The Commission shall approve, at least within 45 days of 
its filing, any application to establish a program for settling 
disputes concerning the transportation of household goods which 
meets the requirements of subsection (b) of this section.
  [(3) The Commission may investigate at any time the 
functioning of any program approved under this section and, 
after notice and an opportunity for a hearing, may suspend or 
revoke its approval for failure to meet the requirements of 
this section and such regulations as the Commission may issue 
to carry out the provisions of this section.
  [(b) No program for settling disputes concerning the 
transportation of household goods may be approved under this 
section unless the program is a fair and expeditious method for 
settling such disputes and complies with each of the following 
requirements and such regulations as the Commission may issue:
          [(1) The program is designed to prevent a carrier 
        from having any special advantage in any case in which 
        the claimant resides or does business at a place 
        distant from the carrier's principal or other place of 
        business.
          [(2) The program provides for adequate notice of the 
        availability of such program, including a concise easy-
        to-read, accurate summary of the program and disclosure 
        of the legal effects of election to utilize the 
        program. Such notice must be given to persons for whom 
        household goods are to be transported by the carrier 
        before such goods are tendered to the carrier for 
        transportation.
          [(3) Upon request of a shipper, the carrier must 
        promptly provide such forms and other information as 
        are necessary for initiating an action under the 
        program to resolve a dispute.
          [(4) Each person, authorized pursuant to the program 
        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 
        Commission may issue, to resolve such disputes fairly 
        and expeditiously. The program 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) No fee for instituting a proceeding under the 
        program may be charged the shipper; except that, if the 
        program is binding solely on the carrier, the shipper 
        may be charged a fee of not more than $25 for 
        instituting a proceeding under the program. In any case 
        in which a shipper is charged a fee under this 
        paragraph for instituting a proceeding under the 
        program and such dispute is settled in favor of the 
        shipper, the person settling the dispute must refund 
        such fee to the shipper unless the person settling the 
        dispute determines that such refund is inappropriate.
          [(6) The program must not require the shipper to 
        agree to utilize the dispute settlement program prior 
        to the time that a dispute arises.
          [(7) The program 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) Any person settling a dispute concerning 
        transportation of household goods under the program 
        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 dispute settler may extend such 60-day 
        period for a reasonable period of time. A decision 
        resolving a dispute may include any remedies 
        appropriate under the circumstances, including repair, 
        replacement, refund, reimbursement for expenses, and 
        compensation for damages.
  [(c) Materials and information obtained in the course of a 
decision-making process to settle a dispute under a dispute 
settlement program approved under this section may not be used 
to bring an action under section 11910 of this title.
  [(d) In any court action to resolve a dispute between a 
shipper of household goods and a motor common carrier providing 
transportation subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title concerning the 
transportation of household goods by such carrier, the shipper 
shall be awarded reasonable attorney's fees if--
          [(1) the shipper submits a claim to the carrier 
        within 120 days after the date the shipment is 
        delivered or the date the delivery is scheduled, 
        whichever is later;
          [(2) the shipper prevails in such court action; and
          [(3)(A) no dispute settlement program approved under 
        this section was available for use by the shipper to 
        resolve the dispute; or
          [(B) a decision resolving the dispute was not 
        rendered under a dispute settlement program approved 
        under this section within the period provided under 
        subsection (b)(8) of this section or an extension of 
        such period under such subsection; or
          [(C) the court proceeding is to enforce a decision 
        rendered under a dispute settlement program approved 
        under this section and is instituted after the period 
        for performance under such decision has elapsed.
  [(e) In any court action to resolve a dispute between a 
shipper of household goods and a motor common carrier providing 
transportation subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title concerning the 
transportation of household goods by such carrier, such carrier 
may be awarded reasonable attorney's fees by the court only if 
the shipper brought such action in bad faith--
          [(1) after resolution of such dispute under a dispute 
        settlement program approved under this section; or
          [(2) after institution of a proceeding by the shipper 
        to resolve such dispute under a dispute settlement 
        program approved 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 under such 
        program.
  [(f) The provisions of this section shall apply only in the 
case of collect-on-delivery transportation of those types of 
household goods described in section 10102(11)(A) of this 
title.

[Sec. 11712. Tariff reconciliation rules for motor common carriers of 
                    property

  [(a) Mutual Consent.--Subject to Commission review and 
approval, motor carriers subject to the jurisdiction of the 
Commission under subchapter II of chapter 105 of this title 
(other than motor carriers providing transportation of 
household goods) and shippers may resolve, by mutual consent, 
overcharge and undercharge claims resulting from incorrect 
tariff provisions or billing errors arising from the 
inadvertent failure to properly and timely file and maintain 
agreed upon rates, rules, or classifications in compliance with 
sections 10761 and 10762 of this title. Resolution of such 
claims among the parties shall not subject any party to the 
penalties of chapter 119 of this title.
  [(b) Limitation on Statutory Construction.--Nothing in this 
section shall relieve the motor carrier of the duty to file and 
adhere to its rates, rules, and classifications as required in 
sections 10761 and 10762, except as provided in subsection (a) 
of this section.
  [(c) Rulemaking Proceeding.--Not later than 90 days after the 
date of the enactment of this section, the Commission shall 
institute a proceeding to establish rules pursuant to which the 
tariff requirements of sections 10761 and 10762 of this title 
shall not apply under circumstances described in subsection (a) 
of this section.

               [CHAPTER 119--CIVIL AND CRIMINAL PENALTIES

[Sec.

[11901. General civil penalties.
[11902. Civil penalty for accepting rebates from common carrier.
[11902a. Penalties for violations of rules relating to loading and 
          unloading motor vehicles.
[11903. Rate, discrimination, and tariff violations.
[11904. Additional rate and discrimination violations.
[11905. Transportation of passengers without charge.
[11906. Evasion of regulation of motor carriers and brokers.
[11907. Interference with railroad car supply.
[11908. Abandonment of service by household goods freight forwarder.
[11909. Record keeping and reporting violations.
[11910. Unlawful disclosure of information.
[11911. Issuance of securities; disposition of funds; restriction on 
          ownership.
[11912. Consolidation, merger and acquisition of control: violation by a 
          person not a carrier.
[11913. Disobedience to subpenas.
[11913a. Accounting principles violations.
[11914. General criminal penalty when specific penalty not provided.
[11915. Punishment of corporation for violations committed by certain 
          individuals.
[11916. Conclusiveness of rates in certain prosecutions.
[11917. Weight-bumping in household goods transportation.

[Sec. 11901. General civil penalties

  [(a) Except as otherwise provided in this section, a common 
carrier providing transportation subject to the jurisdiction of 
the Interstate Commerce Commission under subchapter I of 
chapter 105 of this title, an officer or agent of that carrier 
or a receiver, trustee, lessee, or agent of one of them, 
knowingly violating an order of the Commission under this 
subtitle is liable to the United States Government for a civil 
penalty of $5,000 for each violation. Liability under this 
subsection is incurred for each distinct violation. A separate 
violation occurs for each day the violation continues.
  [(b) A common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 
105 of this title, or a receiver or trustee of that carrier, 
violating a regulation or order of the Commission under section 
10761, 10762, 10764, 10765, or 11128 (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 carrier, receiver, or trustee violating subchapter V 
of chapter 107 of this title, or a regulation under that 
subchapter, is liable to the United States Government for a 
civil penalty of $500 for each violation. A separate violation 
occurs each day the violation continues.
  [(d) A person knowingly authorizing, consenting to, or 
permitting a violation of sections 10901-10907 of this title or 
of a condition of a certificate 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.
  [(e)(1) A carrier, receiver, or operating trustee violating 
an order or direction of the Commission under section 11123, 
11124, 11125, 11127, or 11128(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.
  [(2) A rail carrier, receiver, or operating trustee violating 
section 11126 of this title is liable to the United States 
Government for a civil penalty of $100 for each violation. A 
separate violation occurs for each car not counted when a car 
count is required under that section.
  [(f)(1) A person required under subchapter III of chapter 111 
of this title to make, prepare, preserve, or submit to the 
Commission a record concerning transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 
105 of this title 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 carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 
105 of this title, and a lessor, receiver, or trustee of that 
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 carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 
105 of this title, a lessor, receiver, or trustee of that 
carrier, a person furnishing cars or protective services 
against heat or cold, and an officer, agent, or employee of one 
of them, required to make a report to the Commission 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 violation under 
this subsection continues.
  [(g) A person required to make a report to the Commission, 
answer a question, or make, prepare, or preserve a record under 
this subtitle or enter into or retain a written agreement under 
section 10702(c) of this title concerning transportation 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title or transportation provided 
under a certificate of registration issued under section 10530 
of this title, or an officer, agent, or employee of that person 
that (1) does not make the report, (2) does not specifically, 
completely, and truthfully answer the question, (3) does not 
make, prepare, or preserve the record in the form and manner 
prescribed by the Commission, (4) does not comply with section 
10921 of this title, (5) does not comply with section 10702(c) 
of this title, or (6) does not comply with section 10530 of 
this title, is liable to the United States Government for a 
civil penalty of not more than $500 for each violation and for 
not more than $250 for each additional day the violation 
continues; except that, in the case of a person who does not 
have authority under this subtitle to provide transportation of 
passengers, or an officer, agent, or employee of such person, 
that does not comply with section 10921 of this title with 
respect to providing transportation of passengers, the amount 
of the civil penalty shall not be more than $1,000 for each 
violation and $500 for each additional day the violation 
continues. After the date of enactment of this sentence, no 
penalties shall be imposed under this subsection for a 
violation relating to the transportation of household goods. 
Any such penalties that were imposed prior to such date of 
enactment shall be collected only in accordance with the 
provisions of subsection (i) of this section.
  [(h) A person subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title, or an 
officer, agent, or employee of that person, and who is required 
to comply with section 10921 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, in any 
action brought by the Commission, be liable to the United 
States for a civil penalty not to exceed $20,000 for each 
violation.
  [(i)(1) Any person required to make a report to the 
Commission, answer a question, or make, prepare, or preserve a 
record under this subtitle concerning transportation of 
household goods subject to jurisdiction of the Commission under 
subchapter II of chapter 105 of this title, or an officer, 
agent, or employee of such person, that (A) does not make the 
report, (B) does not specifically, completely, and truthfully 
answer the question, (C) does not make, prepare, or preserve 
the record in the form and manner prescribed by the Commission, 
or (D) does not comply with section 10921 of this title, is 
liable to the United States for a civil penalty of not more 
than $500 for each violation and of not more than $250 for each 
additional day during which the violation continues. No penalty 
shall be imposed under this paragraph for any failure to make, 
prepare, or preserve the record in the form and manner 
prescribed by the Commission unless the shipper or shippers 
have suffered harm as a result of such failure.
  [(2) In determining and negotiating the amount of a civil 
penalty under this subsection, 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.
  [(j)(1) Subject to the provisions of paragraph (3) of this 
subsection, if a common carrier providing transportation of 
household goods subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title or a receiver 
or trustee of such carrier fails or refuses to comply with any 
regulation issued by the Commission relating to protection of 
individual shippers, such carrier, receiver, or trustee is 
liable to the United States for a civil penalty of not more 
than $1,000 for each violation and of not more than $500 for 
each additional day during which the violation continues.
  [(2)(A) If the Commission determines--
          [(i) that a common carrier providing transportation 
        of household goods subject to the jurisdiction of the 
        Commission under subchapter II of chapter 105 of this 
        title or a receiver or trustee of such carrier has 
        failed or refused to comply with a regulation issued by 
        the Commission relating to protection of individual 
        shippers in excess of any performance standard 
        established in such regulation; and
          [(ii) with respect to each such failure or refusal, 
        that the shipper or shippers have suffered harm as a 
        result of such failure or refusal;
the Commission may, in writing, notify the carrier, receiver, 
or trustee of its determinations and may elect to assess civil 
penalties under this paragraph for such failures and refusals 
in lieu of proceeding under paragraph (1) of this subsection 
with respect to such failures and refusals. If the Commission 
elects to assess civil penalties under this paragraph, such 
civil penalties may only be assessed after notice and 
opportunity for a hearing.
  [(B) Subject to the provisions of paragraph (3) of this 
subsection, the amount of a civil penalty which may be assessed 
under this paragraph for a failure or refusal shall not be more 
than $1,000 for such failure or refusal and $500 for each 
additional day during which such failure or refusal continues.
  [(C) Notwithstanding the provisions of section 1336 of title 
28, United States Code, a proceeding to enjoin or suspend, in 
whole or part, an order issued by the Commission assessing one 
or more civil penalties under this paragraph may only be 
brought in the United States court of appeals as provided by 
and in the manner prescribed in chapter 158 of such title.
  [(3) The amount of a civil penalty which may be assessed 
under paragraph (1) or (2) of this subsection for a failure or 
refusal shall not be more than $500 for such failure or refusal 
and $250 for each additional day during which such failure or 
refusal continues if, between the time the carrier, receiver, 
or trustee receives notice from the Commission of such failure 
or refusal and the commencement of the assessment hearing or 
trial, as the case may be, the carrier, receiver, or trustee 
adequately compensates the shipper or shippers, or offers 
adequate compensation to the shipper or shippers, for the harm 
they have suffered as a result of such failure or refusal.
  [(4)(A) No civil penalty may be imposed under this subsection 
for a failure or refusal to comply with a regulation issued by 
the Commission relating to protection of individual shippers 
unless the shipper or shippers have suffered harm as a result 
of such failure or refusal.
  [(B) In addition, no civil penalty may be imposed under this 
subsection for a failure or refusal to comply with a regulation 
issued by the Commission relating to protection of individual 
shippers--
          [(i) if, before receiving notice from the Commission 
        of such failure or refusal, the carrier, receiver, or 
        trustee adequately compensates the shipper or shippers, 
        or offers adequate compensation to the shipper or 
        shippers, for the harm they have suffered as a result 
        of such failure or refusal; or
          [(ii) in the case of a carrier, receiver, or trustee 
        that does not know or have reason to know that the 
        shipper or shippers have suffered harm as a result of 
        such failure or refusal before receiving notice from 
        the Commission of such failure or refusal, if such 
        carrier, receiver, or trustee adequately compensates 
        the shipper or shippers, or offers adequate 
        compensation to the shipper or shippers, for such harm 
        before commencement under this subsection of the 
        assessment hearing or trial, as the case may be.
  [(5) In determining and negotiating the amount of a civil 
penalty under this subsection, 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, 
and such other matters as fairness may require shall be taken 
into account.
  [(k) 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 the 
jurisdiction of the Commission under subchapter II of chapter 
105 of this title which evidence the weight of a shipment, or 
(2) to charge for accessorial services which are not performed 
or for which the carrier is not entitled to be compensated in 
any case in which such services are not reasonably necessary in 
the safe and adequate movement of the shipment, is liable to 
the United States for a civil penalty of not more than $2,000 
for each violation and of not more 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.
  [(l) Rate Discounts.--A person, or an officer, employee, or 
agent of that person, that knowingly pays, accepts, or solicits 
a reduced rate or rates in violation of the regulations issued 
under section 10767 of this title is liable to the United 
States for a civil penalty of not less than $5,000 and not more 
than $10,000 plus 3 times the amount of damages which a party 
incurs because of such violation. Notwithstanding any other 
provision of this title, the express civil penalties and 
damages provided for in this subsection are the exclusive legal 
sanctions to be imposed under this title for practices found to 
be in violation of the regulations issued under section 10767 
and such violations do not render tariff or contract provisions 
void or unenforceable.
  [(m)(1) Trial in a civil action under subsections (a)-(f) of 
this section is in the judicial district in which the carrier 
has its principal operating office or in a district through 
which the railroad of the carrier runs.
  [(2) Trial in a civil action under subsection (g), (h), (i), 
(j)(1), (k), or (l) of this section is in the judicial district 
in which (A) the motor carrier or broker has its principal 
office, (B) the motor carrier or broker was authorized to 
provide transportation under this subtitle when the violation 
occurred, (C) the violation occurred, or (D) the offender is 
found. Process in the action may be served in the judicial 
district of which the offender is an inhabitant or in which the 
offender may be found.

[Sec. 11902. Civil penalty for accepting rebates from common carrier

  [A person (1) delivering property to a common carrier 
providing transportation or service subject to the jurisdiction 
of the Interstate Commerce Commission under chapter 105 of this 
title for transportation under this subtitle 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 filed with the Commission under subchapter IV of chapter 
107 of this title, is liable to the United States Government 
for a civil penalty in an amount equal to 3 times the amount of 
money that person accepted or received as a rebate or offset 
and 3 times the value of other consideration accepted or 
received as a rebate or offset. In a civil action under this 
section, all money or other consideration received by the 
person during a period of 6 years before an action is brought 
under this section may be included in determining the amount of 
the penalty, and if that total amount is included, the penalty 
shall be 3 times that total amount.

[Sec. 11902a. Penalties for violations of rules relating to loading and 
                    unloading motor vehicles

  [(a) Any person who knowingly authorizes, consents to, or 
permits a violation of subsection (a) or (b) of section 11109 
of this title or who knowingly violates subsection (a) of such 
section is liable to the United States Government for a civil 
penalty or not more than $10,000 for each violation.
  [(b) Any person who knowingly violates section 11109(b) of 
this title shall be fined not more than $10,000, imprisoned for 
not more than 2 years, or both.

[Sec. 11903. Rate, discrimination, and tariff violations

  [(a) A person that knowingly offers, gives, solicits, 
accepts, or receives by any means transportation or service 
provided for property by a common carrier subject to the 
jurisdiction of the Interstate Commerce Commission under 
chapter 105 of this title (1) at less than the rate in effect 
under chapter 107 of this title, or (2) by practicing 
discrimination, shall be fined at least $1,000 but not more 
than $20,000, imprisoned for not more than 2 years, or both.
  [(b) A carrier providing transportation or service subject to 
the jurisdiction of the Commission under chapter 105 of this 
title or an officer, director, receiver, trustee, lessee, 
agent, or employee of a corporation that is subject to the 
jurisdiction of the Commission under that chapter, that 
willfully does not file and publish its rates or tariffs as 
required under chapter 107 of this title or observe those 
tariffs until changed under law, shall be fined at least $1,000 
but not more than $20,000, imprisoned for not more than 2 years 
or both.
  [(c) When acting in the scope of their employment, the 
actions and omissions of persons acting for or employed by a 
carrier or shipper that is subject to subsection (a) or (b) of 
this section are considered to be the actions and omissions of 
that carrier or shipper as well as that person.
  [(d) Trial as a criminal 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. 11904. Additional rate and discrimination violations

  [(a)(1) A common carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title, and when that 
carrier is a corporation, an officer, employee, or agent of the 
corporation, that by any means knowingly and willfully assists 
a person in getting, or willingly permits a person to get, 
transportation provided under this subtitle for property at 
less than the rate in effect for that transportation under 
chapter 107 of this title, shall be fined not more than $5,000, 
imprisoned for not more than 2 years, or both.
  [(2) A person, or officer or agent of the person, that (A) 
delivers property for transportation under this subtitle to a 
common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 
105 of this title, or for whom that carrier transports property 
as consignor or consignee, and (B) knowingly and willfully by 
any means gets or attempts to get that property transported at 
less than the rate in effect for that transportation under 
chapter 107 of this title, shall be fined not more than $5,000, 
imprisoned for not more than 2 years, or both.
  [(3) A person, or an officer or agent of a corporation or 
company that by payment of anything of value, solicitation, or 
in any other way, induces or attempts to induce a common 
carrrier providing transportation subject to the jurisdiction 
of the Commission under subchapter I of chapter 105 of this 
title, or any of its officers or agents, to discriminate 
unreasonably against another consignor or consignee in the 
transportation of property shall be fined not more than $5,000, 
imprisoned for not more than 2 years, or both.
  [(b) A person, or an officer, employee, or agent of that 
person, that (1) knowingly offers, grants, gives, solicits, 
accepts, or receives a rebate, concession, or discrimination in 
violation of a provision of this subtitle related to motor 
carrier transportation subject to the jurisdiction of the 
Commission under subchapter II of chapter 105 of this title, or 
(2) by any means knowingly and willfully assists or permits 
another person to get transportation that is subject to the 
jurisdiction of the Commission under that subchapter at less 
than the rate in effect for that transportation under chapter 
107 of this title, shall be fined at least $200 but no more 
than $500 for the first violation and at least $250 but not 
more than $2,000 for a subsequent violation.
  [(c)(1) A water carrier providing transportation subject to 
the jurisdiction of the Commission under subchapter III of 
chapter 105 of this title, or an officer, agent, or employee of 
that carrier, that knowingly and willfully by any means offers, 
grants, or gives, or intentionally permits a person to get, 
transportation provided under that subchapter at less than the 
rate in effect for that transportation under chapter 107 of 
this title, shall be fined not more than $5,000.
  [(2) A person that knowingly and willfully by any means 
solicits, accepts, or receives transportation provided under 
subchapter III of chapter 105 of this title at less than the 
rate in effect for that transportation under chapter 107 of 
this title, shall be fined not more than $5,000.
  [(3) Trial in a criminal action under this subsection is in 
the judicial district in which any part of the violation is 
committed.
  [(d)(1) A household goods freight forwarder providing service 
subject to the jurisdiction of the Commission under subchapter 
IV of chapter 105 of this title, or an officer, agent, or 
employee of that household goods freight forwarder, that 
knowingly and willfully assists a person in getting, or 
willingly permits a person to get, service provided under that 
subchapter at less than the rate in effect for that service 
under chapter 107 of this title, shall be fined not more than 
$500 for the first violation and not more than $2,000 for a 
subsequent violation.
  [(2) A person that knowingly and willfully by any means gets, 
or attempts to get, service provided under subchapter IV of 
chapter 105 of this title at less than the rate in effect for 
that service under chapter 107 of this title, shall be fined 
not more than $500 for the first violation and not more than 
$2,000 for a subsequent violation.

[Sec. 11905. Transportation of passengers without charge

  [A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I, II, or III of chapter 105 of this title that 
provides transportation of passengers without charge except as 
provided in section 10721(b), 10722 (c) and (d) (if the 
transportation is for its employees on sleeping and express 
cars or line maintainers of telegraph and telephone companies), 
10723(a)(1) (other than paragraph (1)(A) of that subsection 
when transportation is arranged by a municipal government), or 
10724(a) of this title, shall be fined at least $100 but not 
more than $2,000. An individual who uses a free ticket for, or 
accepts transportation subject to the jurisdiction of the 
Commission under those subchapters, except as provided in those 
sections, shall be fined at least $100 but not more than 
$2,000.

[Sec. 11906. Evasion of regulation of motor carriers and brokers

  [A person, or an officer, employee, or agent of that person 
that by any means knowingly and willfully tries to evade 
regulation provided under this subtitle for motor carriers or 
brokers 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.

[Sec. 11907. 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 
Interstate Commerce Commission under subchapter I of chapter 
105 of this title 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 
Commission under subchapter I of chapter 105 of this title 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. 11908. Abandonment of service by household goods freight 
                    forwarder

  [A household goods freight forwarder controlled by or under 
common control with a common carrier providing transportation 
subject to the jurisdiction of the Interstate Commerce 
Commission under subchapter I, II, or III of chapter 105 of 
this title, or a director, officer, receiver, operating 
trustee, lessee, agent, or employee of that household goods 
freight forwarder or common carrier, that knowingly authorizes 
or permits a violation of section 10933 of this title, shall be 
fined not more than $5,000.

[Sec. 11909. Record keeping and reporting violations

  [(a) A person required to make a report to the Interstate 
Commerce Commission, or make, prepare, or preserve a record, 
under subchapter III of chapter 111 of this title about 
transportation subject to the jurisdiction of the Commission 
under subchapter I of chapter 105 of this title 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 
Commission, or (5) files a false report or record with the 
Commission, shall be fined not more than $5,000, imprisoned for 
not more than 2 years, or both.
  [(b) A person required to make a report to the Commission, 
answer a question, or make, prepare, or preserve a record under 
this subtitle or enter into or retain a written agreement under 
section 10702(c) of this title about transportation subject to 
the jurisdiction of the Commission under subchapter II of 
chapter 105 of this title, or subject to the jurisdiction of 
the Commission before October 15, 1966, or an officer, agent, 
or employee of that person, that (1) willfully does not make 
that report or willfully does not enter into or retain that 
agreement, (2) willfully does not specifically, completely, and 
truthfully answer that question in 30 days from the date the 
Commission requires the question to be answered, (3) willfully 
does not make, prepare, or preserve that record in the form and 
manner prescribed by the Commission, (4) knowingly and 
willfully falsifies, destroys, mutilates, or changes that 
report or record, (5) knowingly and willfully files a false 
report or record with the Commission, (6) knowingly and 
willfully makes a false or incomplete entry in that record 
about a business related fact or transaction, or (7) knowingly 
and willfully makes, prepares, or preserves a record in 
violation of a regulation or order of the Commission, shall be 
fined not more than $5,000.
  [(c) A person required to make a report to the Commission, 
answer a question, or make, prepare, or preserve a record under 
this subtitle about transportation subject to the jurisdiction 
of the Commission under subchapter III of chapter 105 of this 
title, or an officer, agent, or employee of that person, that 
(1) willfully does not make that report, (2) willfully does not 
specifically, completely and truthfully answer that question in 
30 days from the date the Commission requires the question to 
be answered, (3) willfully does not make, prepare, or preserve 
that record in the form and manner prescribed by the 
Commission, (4) willfully falsifies, destroys, mutilates, or 
changes that report, or record, (5) willfully makes a false or 
incomplete entry in the record about a fact or transaction 
required under this subtitle, (6) willfully makes, prepares, or 
preserves a record in violation of a regulation or order of the 
Commission, or (7) knowingly and willfully files a false report 
or record with the Commission, shall be fined not more than 
$5,000. Trial in a criminal action under this subsection is in 
the judicial district in which any part of the violation is 
committed.
  [(d) A household goods freight forwarder, or an officer, 
agent, or employee of that household goods freight forwarder, 
required to make a report to the Commission, answer a question, 
or make, prepare, or preserve a record under this subtitle 
about transportation subject to the jurisdiction of the 
Commission under subchapter IV of chapter 105 of this title 
that (1) willfully does not make that report, (2) willfully 
does not specifically, completely, and truthfully answer that 
question in 30 days from the date the Commission requires the 
question to be answered, (3) willfully does not make, prepare, 
or preserve that record in the form and manner prescribed by 
the Commission, (4) knowingly and willfully falsifies, 
destroys, mutilates, or changes that report or record, (5) 
knowingly and willfully files a false report or record with the 
Commission, (6) knowingly and willfully makes a false or 
incomplete entry in that record about a fact or transaction 
related to the business of that household goods freight 
forwarder, or (7) knowingly and willfully makes, prepares, or 
preserves a record in violation of a regulation or order of the 
Commission, shall be fined not more than $5,000.

[Sec. 11910. Unlawful disclosure of information

  [(a)(1) A common carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title, 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 (A) 
information about the nature, kind, quantity, destination, 
consignee, or routing of property tendered or delivered to that 
carrier for transportation provided under this subtitle without 
the consent of the shipper or consignee, and (B) 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, shall be 
fined not more than $1,000.
  [(2) A motor carrier or broker providing transportation 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title or an officer, receiver, 
trustee, lessee, or employee of that carrier or broker, or 
another person authorized by that carrier or broker to receive 
information from that carrier or broker may not knowingly 
disclose to another person, except the shipper or consignee, 
and another person may not solicit, or knowingly receive, 
information about the nature, kind, quantity, destination, 
consignee, or routing of property tendered or delivered to that 
carrier or broker for transportation provided under this 
subtitle 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.
  [(3) A common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter III of chapter 
105 of this title, or an officer, receiver, trustee, lessee, 
agent, or employee of that carrier, or another person 
authorized by that carrier or person to receive information 
from that carrier, that knowingly and willfully discloses to 
another person, except the shipper or consignee, or a person 
that solicits or knowingly and willfully receives (A) 
information about the nature, kind, quantity, destination, 
consignee, or routing of property tendered or delivered to that 
carrier for transportation provided under that subchapter 
without the consent of the shipper or consignee, and (B) 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, shall be 
fined not more than $2,000. Trial in a criminal action under 
this paragraph is in the judicial district in which any part of 
the violation is committed.
  [(4) A household goods freight forwarder providing service 
subject to the jurisdiction of the Commission under subchapter 
IV of chapter 105 of this title, or an officer, agent, or 
employee of that household goods freight forwarder, or another 
person authorized by that household goods freight forwarder, or 
person to receive information, who knowingly and willfully 
discloses to another person, except the shipper or consignee, 
or a person that solicits or knowingly and willfully receives 
(A) information about the nature, kind, quantity, destination, 
consignee, or routing of property tendered or delivered to that 
forwarder for service provided under that subchapter without 
the consent of the shipper or consignee, and (B) 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, shall be 
fined not more than $100 for the first violation and not more 
than $500 for a subsequent violation. A separate violation 
occurs each day the violation continues.
  [(b) This subtitle does not prevent a carrier or broker 
providing transportation subject to the jurisdiction of the 
Commission under chapter 105 of this title from giving 
information--
          [(1) in response to legal process issued under 
        authority of a court of the United States or a State;
          [(2) to an officer, employee, or agent of the United 
        States Government, a State, or a territory or 
        possession of the United States; or
          [(3) to another carrier or its agent to adjust mutual 
        traffic accounts in the ordinary course of business.
  [(c) An employee of the Commission 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 Commission, a court, 
or a judge of that court, shall be fined not more than $500, 
imprisoned for not more than 6 months, or both.
  [(d) A person that knowingly discloses confidential data made 
available to such person under section 11165 of this title by a 
rail carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 
105 of this title shall be fined not more than $50,000.

[Sec. 11911. Issuance of securities; disposition of funds; restriction 
                    on ownership

  [(a) A director, officer, attorney, or agent of a carrier 
defined in section 11301(a)(1) of this title that knowingly 
agrees to or concurs in (1) an issue of securities or 
assumption of obligations or liability in violation of section 
11301 of this title, (2) a disposition of securities in 
violation of an order of the Interstate Commerce Commission, or 
(3) an application not authorized by the Commission of the 
funds derived by the carrier through a disposition of 
securities shall be fined at least $1,000 but not more than 
$10,000, imprisoned for at least one year but not more than 3 
years, or both.
  [(b) A person that violates section 11322 of this title shall 
be fined at least $1,000 but not more than $10,000, imprisoned 
for at least one year but not more than 3 years, or both.

[Sec. 11912. Consolidation, merger, and acquisition of control: 
                    violation by a person not a carrier

  [A person, other than a common carrier, that violates section 
11343, 11344, 11345, 11346, 11347, or 11351 of this title shall 
be fined not more than $5,000.

[Sec. 11913. Disobedience to subpenas

  [A person not obeying a subpena or requirement of the 
Interstate Commerce Commission 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. 11913a. Accounting principles violations

  [Any rail carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title that fails to obtain 
final certification of its cost accounting system under section 
11164(b) of this title shall be fined not less than $50,000.

[Sec. 11914. General criminal penalty when specific penalty not 
                    provided

  [(a) When another criminal penalty is not provided under this 
chapter, a common carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title, 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 subtitle or an order prescribed 
under this subtitle, shall be fined not more than $5,000. 
However, if the violation is for discrimination in rates 
charged for transportation, the person may be imprisoned for 
not more than 2 years in addition to being fined under this 
subsection. A separate violation occurs each day a violation of 
section 11321(a) or 11342 of this title continues.
  [(b) When another criminal penalty is not provided under this 
chapter, a person that knowingly and willfully violates a 
provision of this subtitle or a regulation or order prescribed 
under this subtitle, or a condition of a certificate or permit 
issued under this subtitle related to transportation that is 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title or subject to the jurisdiction 
of the Commission before October 15, 1966, or a condition of a 
certificate of registration issued under section 10530 of this 
title, shall be fined at least $100 but not more than $500 for 
the first violation and at least $200 but not more than $500 
for a subsequent violation. A separate violation occurs each 
day the violation continues.
  [(c) When another criminal penalty is not provided under this 
chapter, a person that knowingly and willfully violates a 
provision of this subtitle or a regulation or order prescribed 
under this subtitle, or a condition of a certificate or permit 
issued under this subtitle related to transportation that is 
subject to the jurisdiction of the Commission under subchapter 
III of chapter 105 of this title, shall be fined not more than 
$500. A separate violation occurs each day the violation 
continues. Trial in a criminal action under this subsection is 
in the judicial district in which any part of the violation is 
committed.
  [(d) When another criminal penalty is not provided under this 
chapter, a person that knowingly and willfully violates a 
provision of this subtitle or a regulation or order prescribed 
under this subtitle or a condition of a permit issued under 
this subtitle related to service that is subject to the 
jurisdiction of the Commission under subchapter IV of chapter 
105 of this title, shall be fined not more than $100 for the 
first violation and not more than $500 for a subsequent 
violation. A separate violation occurs each day the violation 
continues.

[Sec. 11915. 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 common carrier 
providing transportation or service subject to the jurisdiction 
of the Interstate Commerce Commission under chapter 105 of this 
title that is a corporation is also a violation of this 
subtitle 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. 11916. Conclusiveness of rates in certain prosecutions

  [When a carrier files with the Interstate Commerce Commission 
or publishes a particular rate under chapter 107 of this title 
or participates in one of those rates, the published or filed 
rate is conclusive proof against that carrier, its officer, and 
agents that it is the legal rate for that transportation or 
service in a proceeding begun under section 11902 or 11903 of 
this title. A departure, or offer to depart, from that rate is 
a violation of those sections.

[Sec. 11917. Weight-bumping in household goods transportation

  [(a) For the purposes of this section, ``weight-bumping'' 
means the knowing and willful making or securing of a 
fraudulent weight on a shipment of household goods which is 
subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title.
  [(b) Any individual who has been found to have committed 
weight-bumping shall, for each offense, be fined at least 
$1,000 but not more than $10,000, imprisoned for not more than 
2 years, or both.]

                 SUBTITLE IV--INTERSTATE TRANSPORTATION

                              PART A--RAIL

Chapter                                                             Sec.
      GENERAL PROVISIONS...........................................10101
      JURISDICTION.................................................10301
      RATES........................................................10501
      LICENSING....................................................10701
      OPERATIONS...................................................10901
      FINANCE......................................................11101
      FEDERAL-STATE RELATIONS......................................11301
      ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES............11501
      CIVIL AND CRIMINAL PENALTIES.................................11701

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

Chapter                                                             Sec.
      GENERAL PROVISIONS...........................................13101
      ADMINISTRATIVE PROVISIONS....................................13301
      JURISDICTION.................................................13501
      RATES AND THROUGH ROUTES.....................................13701
      REGISTRATION.................................................13901
      OPERATIONS OF CARRIERS.......................................14101
      FINANCE......................................................14301
      FEDERAL-STATE RELATIONS......................................14501
      ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES................14701
      CIVIL AND CRIMINAL PENALTIES.................................14901

                              PART A--RAIL

                    CHAPTER 101--GENERAL PROVISIONS

Sec.
10101. Rail transportation policy.
10102. Definitions.
10103. Remedies are exclusive.

Sec. 10101. Rail transportation policy

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

Sec. 10102. Definitions

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

Sec. 10103. Remedies are exclusive

  Except as otherwise provided in this part, the remedies 
provided under this part are exclusive and preempt the remedies 
provided under Federal or State law.

                       CHAPTER 103--JURISDICTION

Sec.
10301. General jurisdiction.
10302. Authority to exempt rail carrier transportation.

Sec. 10301. General jurisdiction

  (a)(1) Subject to this chapter and other law, the Panel has 
jurisdiction over transportation by rail carrier that is--
          (A) only by railroad; or
          (B) by railroad and water, when the transportation is 
        under common control, management, or arrangement for a 
        continuous carriage or shipment.
  (2) Jurisdiction under paragraph (1) applies only to 
transportation in the United States between a place in--
          (A) a State and a place in the same or another State;
          (B) a State and a place in a territory or possession 
        of the United States;
          (C) a territory or possession of the United States 
        and a place in another such territory or possession;
          (D) a territory or possession of the United States 
        and another place in the same territory or possession;
          (E) the United States and another place in the United 
        States through a foreign country; or
          (F) the United States and a place in a foreign 
        country.
  (b) The jurisdiction of the Panel over--
          (1) transportation by rail carriers, and the remedies 
        provided in this part with respect to rates, 
        classifications, rules (including car service, 
        interchange, and other operating rules), practices, 
        routes, services, and facilities of such carriers; and
          (2) the construction, acquisition, operation, 
        abandonment, or discontinuance of spur, industrial, 
        team, switching, or side tracks, or facilities, even if 
        the tracks are located, or intended to be located, 
        entirely in one State,
is exclusive.
  (c)(1) In this subsection--
          (A) the term ``local governmental authority''--
                  (i) has the same meaning given that term by 
                section 5302(a) of this title; and
                  (ii) includes a person or entity that 
                contracts with the local governmental authority 
                to provide transportation services; and
          (B) the term ``mass transportation'' means 
        transportation services described in section 5302(a) of 
        this title that are provided by rail.
  (2) Except as provided in paragraph (3), the Panel does not 
have jurisdiction under this part over mass transportation 
provided by a local governmental authority.
  (3)(A) Notwithstanding paragraph (2) of this subsection, a 
local governmental authority, described in paragraph (2), is 
subject to applicable laws of the United States related to--
          (i) safety;
          (ii) the representation of employees for collective 
        bargaining; and
          (iii) employment retirement, annuity, and 
        unemployment systems or other provisions related to 
        dealings between employees and employers.
  (B) The Panel has jurisdiction under sections 10902 and 10903 
of this title over mass transportation provided by a local 
governmental authority.

Sec. 10302. Authority to exempt rail carrier transportation

  (a) In a matter related to a rail carrier providing 
transportation subject to the jurisdiction of the Panel under 
this part, the Panel, to the maximum extent consistent with 
this part, shall exempt a person, class of persons, or a 
transaction or service whenever the Panel finds that the 
application of a provision of this part--
          (1) is not necessary to carry out the transportation 
        policy of section 10101 of this title; and
          (2) either--
                  (A) the transaction or service is of limited 
                scope; or
                  (B) the application of the provision is not 
                needed to protect shippers from the abuse of 
                market power.
  (b) The Panel may, where appropriate, begin a proceeding 
under this section on its own initiative or on application by 
the Secretary of Transportation or an interested party. The 
Panel shall, within 90 days after receipt of any such 
application, determine whether to begin an appropriate 
proceeding. If the Panel decides not to begin a proceeding, the 
reasons for the decision shall be published in the Federal 
Register. Any proceeding begun as a result of an application 
under this subsection shall be completed within one year after 
it is begun.
  (c) The Panel may specify the period of time during which an 
exemption granted under this section is effective.
  (d) The Panel may revoke an exemption, to the extent it 
specifies, when it finds that application of a provision of 
this part to the person, class, or transportation is necessary 
to carry out the transportation policy of section 10101 of this 
title. The Panel shall, within 90 days after receipt of a 
request for revocation under this subsection, determine whether 
to begin an appropriate proceeding. If the Panel decides not to 
begin a proceeding, the reasons for the decision shall be 
published in the Federal Register. Any proceeding begun as a 
result of a request under this subsection shall be completed 
within one year after it is begun.
  (e) No exemption order issued pursuant to this section shall 
operate to relieve any rail carrier from an obligation to 
provide contractual terms for liability and claims which are 
consistent with the provisions of section 11506 of this title. 
Nothing in this subsection or section 11506 of this title shall 
prevent rail carriers from offering alternative terms nor give 
the Panel the authority to require any specific level of rates 
or services based upon the provisions of section 11506 of this 
title.
  (f) The Panel may exercise its authority under this section 
to exempt transportation that is provided by a rail carrier.
  (g) The Panel may not exercise its authority under this 
section to relieve a rail carrier of its obligation to protect 
the interests of employees as required by this part.

                           CHAPTER 105--RATES

                     SUBCHAPTER I--GENERAL AUTHORITY

Sec.
10501. Standards for rates, classifications, through routes, rules, and 
          practices.
10502. Authority for rail carriers to establish rates, classifications, 
          rules, and practices.
10503. Authority for rail carriers to establish through routes.
10504. Authority and criteria: rates, classifications, rules, and 
          practices prescribed by Panel.
10505. Authority: through routes, joint classifications, rates, and 
          divisions prescribed by Panel.
10506. Rate agreements: exemption from antitrust laws.
10507. Determination of market dominance in rail rate proceedings.
10508. Inflation-based rate increases.
10509. Contracts.

                  SUBCHAPTER II--SPECIAL CIRCUMSTANCES

10521. Government traffic.
10522. Emergency rates.
10523. Car utilization.

                       SUBCHAPTER III--LIMITATIONS

10541. Prohibitions against discrimination by rail carriers.
10542. Facilities for interchange of traffic.
10543. Continuous carriage of freight.
10544. Transportation services or facilities furnished by shipper.
10545. Demurrage charges.
10546. Designation of certain routes by shippers.

                    SUBCHAPTER I--GENERAL AUTHORITY

Sec. 10501. Standards for rates, classifications, through routes, 
                    rules, and practices

  (a) A through route established by a rail carrier must be 
reasonable. Divisions of joint rates by rail carriers must be 
made without unreasonable discrimination against a 
participating carrier and must be reasonable.
  (b) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part may not discriminate 
in its rates against a connecting line of another rail carrier 
providing transportation subject to the jurisdiction of the 
Panel under this part or unreasonably discriminate against that 
line in the distribution of traffic that is not routed 
specifically by the shipper.
  (c) Except as provided in subsection (d) of this section and 
unless a rate is prohibited by a provision of this part, a rail 
carrier providing transporation subject to the jurisdiction of 
the Panel under this part may establish any rate for 
transportation or other service provided by the rail carrier.
  (d)(1) If the Panel determines, under section 10507 of this 
title, that a rail carrier has market dominance over the 
transportation to which a particular rate applies, the rate 
established by such carrier for such transportation must be 
reasonable.
  (2) In determining whether a rate established by a rail 
carrier is reasonable for purposes of this section, the Panel 
shall recognize the policy of this part that rail carriers 
shall earn adequate revenues, as established by the Panel under 
section 10504(a)(2) of this title.
  (3) The Panel shall, within one year after the date of the 
enactment of this paragraph, complete the pending Interstate 
Commerce Commission non-coal rate guidelines proceeding to 
establish simplified and expedited procedures for the 
determination of rate reasonableness cases in which a 
presentation of constrained market pricing evidence is 
impractical.

Sec. 10502. Authority for rail carriers to establish rates, 
                    classifications, rules, and practices

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

Sec. 10503. Authority for rail carriers to establish through routes

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

Sec. 10504. Authority and criteria: rates, classifications, rules, and 
                    practices prescribed by Panel

  (a)(1) When the Panel, after a full hearing, decides that a 
rate charged or collected by a rail carrier for transportation 
subject to the jurisdiction of the Panel under this part, or 
that a classification, rule, or practice of that carrier does 
or will violate this part, the Panel may prescribe the maximum 
rate, classification, rule, or practice to be followed. The 
Panel may order the carrier to stop the violation. When a rate, 
classification, rule, or practice is prescribed under this 
subsection, the affected carrier may not publish, charge, or 
collect a different rate and shall adopt the classification and 
observe the rule or practice prescribed by the Panel.
  (2) The Panel shall maintain and revise as necessary 
standards and procedures for establishing revenue levels for 
rail carriers providing transportation subject to its 
jurisdiction under this part that are adequate, under honest, 
economical, and efficient management, to cover total operating 
expenses, including depreciation and obsolescence, plus a 
reasonable and economic profit or return (or both) on capital 
employed in the business. The Panel shall make an adequate and 
continuing effort to assist those carriers in attaining revenue 
levels prescribed under this paragraph. Revenue levels 
established under this paragraph should--
          (A) provide a flow of net income plus depreciation 
        adequate to support prudent capital outlays, assure the 
        repayment of a reasonable level of debt, permit the 
        raising of needed equity capital, and cover the effects 
        of inflation; and
          (B) attract and retain capital in amounts adequate to 
        provide a sound transportation system in the United 
        States.
  (3) On the basis of the standards and procedures described in 
paragraph (2), the Panel shall annually determine which rail 
carriers are earning adequate revenues.
  (b) The Panel may begin a proceeding under this section on 
its own initiative or on complaint. A complaint under 
subsection (a) of this section must be made under section 11501 
of this title, but the proceeding may also be in extension of a 
complaint pending before the Panel.

Sec. 10505. Authority: through routes, joint classifications, rates, 
                    and divisions prescribed by Panel

  (a)(1) The Panel may, and shall when it considers it 
desirable in the public interest, prescribe through routes, 
joint classifications, joint rates, the division of joint 
rates, and the conditions under which those routes must be 
operated, for a rail carrier providing transportation subject 
to the jurisdiction of the Panel under this part.
  (2) The Panel may require a rail carrier to include in a 
through route substantially less than the entire length of its 
railroad and any intermediate railroad operated with it under 
common management or control if that intermediate railroad lies 
between the terminals of the through route only when--
          (A) required under sections 10541, 10542, or 11101 of 
        this title;
          (B) inclusion of those lines would make the through 
        route unreasonably long when compared with a 
        practicable alternative through route that could be 
        established; or
          (C) the Panel decides that the proposed through route 
        is needed to provide adequate, and more efficient or 
        economic, transportation.
The Panel shall give reasonable preference, subject to this 
subsection, to the rail carrier originating the traffic when 
prescribing through routes.
  (b) The Panel shall prescribe the division of joint rates to 
be received by a rail carrier providing transportation subject 
to its jurisdiction under this part when it decides that a 
division of joint rates established by the participating 
carriers under section 10503 of this title, or under a decision 
of the Panel under subsection (a) of this section, does or will 
violate section 10501 of this title.
  (c) If a division of a joint rate prescribed under a decision 
of the Panel is later found to violate section 10501 of this 
title, the Panel may decide what division would have been 
reasonable and order adjustment to be made retroactive to the 
date the complaint was filed, the date the order for an 
investigation was made, or a later date that the Panel decides 
is justified. The Panel may make a decision under this 
subsection effective as part of its original decision.

Sec. 10506. Rate agreements: exemption from antitrust laws

  (a)(1) In this subsection--
          (A) the term ``affiliate'' means a person 
        controlling, controlled by, or under common control or 
        ownership with another person and ``ownership'' refers 
        to equity holdings in a business entity of at least 5 
        percent;
          (B) the term ``single-line rate'' refers to a rate or 
        allowance proposed by a single rail carrier that is 
        applicable only over its line and for which the 
        transportation (exclusive of terminal services by 
        switching, drayage or other terminal carriers or 
        agencies) can be provided by that carrier; and
          (C) the term ``practicably participates in the 
        movement'' shall have such meaning as the Panel shall 
        by regulation prescribe.
  (2)(A) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part that is a party to an 
agreement of at least 2 rail carriers that relates to rates 
(including charges between rail carriers and compensation paid 
or received for the use of facilities and equipment), 
classifications, divisions, or rules related to them, or 
procedures for joint consideration, initiation, publication, or 
establishment of them, shall apply to the Panel for approval of 
that agreement under this subsection. The Panel shall approve 
the agreement only when it finds that the making and carrying 
out of the agreement will further the transportation policy of 
section 10101 of this title and may require compliance with 
conditions necessary to make the agreement further that policy 
as a condition of its approval. If the Panel approves the 
agreement, it may be made and carried out under its terms and 
under the conditions required by the Panel, and the Sherman Act 
(15 U.S.C. 1, et seq.), the Clayton Act (15 U.S.C. 12, et 
seq.), the Federal Trade Commission Act (15 U.S.C. 41, et 
seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 
and 9), and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 
21a) do not apply to parties and other persons with respect to 
making or carrying out the agreement. However, the Panel may 
not approve or continue approval of an agreement when the 
conditions required by it are not met or if it does not receive 
a verified statement under subparagraph (B) of this paragraph.
  (B) The Panel may approve an agreement under subparagraph (A) 
of this paragraph only when the rail carriers applying for 
approval file a verified statement with the Panel. Each 
statement must specify for each rail carrier that is a party to 
the agreement--
          (i) the name of the carrier;
          (ii) the mailing address and telephone number of its 
        headquarter's office; and
          (iii) the names of each of its affiliates and the 
        names, addresses, and affiliates of each of its 
        officers and directors and of each person, together 
        with an affiliate, owning or controlling any debt, 
        equity, or security interest in it having a value of at 
        least $1,000,000.
  (3)(A) An organization established or continued under an 
agreement approved under this subsection shall make a final 
disposition of a rule or rate docketed with it by the 120th day 
after the proposal is docketed. Such an organization may not--
          (i) permit a rail carrier to discuss, to participate 
        in agreements related to, or to vote on single-line 
        rates proposed by another rail carrier, except that for 
        purposes of general rate increases and broad changes in 
        rates, classifications, rules, and practices only, if 
        the Panel finds at any time that the implementation of 
        this clause is not feasible, it may delay or suspend 
        such implementation in whole or in part;
          (ii) permit a rail carrier to discuss, to participate 
        in agreements related to, or to vote on rates related 
        to a particular interline movement unless that rail 
        carrier practicably participates in the movement; or
          (iii) if there are interline movements over two or 
        more routes between the same end points, permit a 
        carrier to discuss, to participate in agreements 
        related to, or to vote on rates except with a carrier 
        which forms part of a particular single route. If the 
        Panel finds at any time that the implementation of this 
        clause is not feasible, it may delay or suspend such 
        implementation in whole or in part.
  (B)(i) In any proceeding in which a party alleges that a rail 
carrier voted or agreed on a rate or allowance in violation of 
this subsection, that party has the burden of showing that the 
vote or agreement occurred. A showing of parallel behavior does 
not satisfy that burden by itself.
  (ii) In any proceeding in which it is alleged that a carrier 
was a party to an agreement, conspiracy, or combination in 
violation of a Federal law cited in subsection (a)(2)(A) of 
this section or of any similar State law, proof of an 
agreement, conspiracy, or combination may not be inferred from 
evidence that two or more rail carriers acted together with 
respect to an interline rate or related matter and that a party 
to such action took similar action with respect to a rate or 
related matter on another route or traffic. In any proceeding 
in which such a violation is alleged, evidence of a discussion 
or agreement between or among such rail carrier and one or more 
other rail carriers, or of any rate or other action resulting 
from such discussion or agreement, shall not be admissible if 
the discussion or agreement--
          (I) was in accordance with an agreement approved 
        under paragraph (2) of this subsection; or
          (II) concerned an interline movement of the rail 
        carrier, and the discussion or agreement would not, 
        considered by itself, violate the laws referred to in 
        the first sentence of this clause.
In any proceeding before a jury, the court shall determine 
whether the requirements of subclause (I) or (II) are satisfied 
before allowing the introduction of any such evidence.
  (C) An organization described in subparagraph (A) of this 
paragraph shall provide that transcripts or sound recordings be 
made of all meetings, that records of votes be made, and that 
such transcripts or recordings and voting records be submitted 
to the Panel and made available to other Federal agencies in 
connection with their statutory responsibilities over rate 
bureaus, except that such material shall be kept confidential 
and shall not be subject to disclosure under section 552 of 
title 5, United States Code.
  (4) Notwithstanding any other provision of this subsection, 
one or more rail carriers may enter into an agreement, without 
obtaining prior Panel approval, that provides solely for 
compilation, publication, and other distribution of rates in 
effect or to become effective. The Sherman Act (15 U.S.C. 1 et 
seq.), the Clayton Act (15 U.S.C. 12 et seq.), the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.), sections 73 and 74 
of the Wilson Tariff Act (15 U.S.C. 8 and 9), and the Act of 
June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) shall not apply to 
parties and other persons with respect to making or carrying 
out such agreement. However, the Panel may, upon application or 
on its own initiative, investigate whether the parties to such 
an agreement have exceeded its scope, and upon a finding that 
they have, the Panel may issue such orders as are necessary, 
including an order dissolving the agreement, to ensure that 
actions taken pursuant to the agreement are limited as provided 
in this paragraph.
  (5)(A) Whenever two or more shippers enter into an agreement 
to discuss among themselves that relates to the amount of 
compensation such shippers propose to be paid by rail carriers 
providing transportation subject to the jurisdiction of the 
Panel under this part, for use by such rail carriers of rolling 
stock owned or leased by such shippers, the shippers shall 
apply to the Panel for approval of that agreement under this 
paragraph. The Panel shall approve the agreement only when it 
finds that the making and carrying out of the agreement will 
further the transportation policy set forth in section 10101 of 
this title and may require compliance with conditions necessary 
to make the agreement further that policy as a condition of 
approval. If the Panel approves the agreement, it may be made 
and carried out under its terms and under the terms required by 
the Panel, and the antitrust laws set forth in paragraph (2) of 
this subsection do not apply to parties and other persons with 
respect to making or carrying out the agreement. The Panel 
shall approve or disapprove an agreement under this paragraph 
within one year after the date application for approval of such 
agreement is made.
  (B) If the Panel approves an agreement described in 
subparagraph (A) of this paragraph and the shippers entering 
into such agreement and the rail carriers proposing to use 
rolling stock owned or leased by such shippers, under payment 
by such carriers or under a published allowance, are unable to 
agree upon the amount of compensation to be paid for the use of 
such rolling stock, any party directly involved in the 
negotiations may require that the matter be settled by 
submitting the issues in dispute to the Panel. The Panel shall 
render a binding decision, based upon a standard of 
reasonableness and after taking into consideration any past 
precedents on the subject matter of the negotiations, no later 
than 90 days after the date of the submission of the dispute to 
the Panel.
  (C) Nothing in this paragraph shall be construed to change 
the law in effect prior to the effective date of the Staggers 
Rail Act of 1980 with respect to the obligation of rail 
carriers to utilize rolling stock owned or leased by shippers.
  (b) The Panel may require an organization established or 
continued under an agreement approved under this section to 
maintain records and submit reports. The Panel may inspect a 
record maintained under this section.
  (c) The Panel may review an agreement approved under 
subsection (a) of this section and shall change the conditions 
of approval or terminate it when necessary to comply with the 
public interest and subsection (a). The Panel shall postpone 
the effective date of a change of an agreement under this 
subsection for whatever period it determines to be reasonably 
necessary to avoid unreasonable hardship.
  (d) The Panel may begin a proceeding under this section on 
its own initiative or on application. Action of the Panel under 
this section--
          (1) approving an agreement;
          (2) denying, ending, or changing approval;
          (3) prescribing the conditions on which approval is 
        granted; or
          (4) changing those conditions,
has effect only as related to application of the antitrust laws 
referred to in subsection (a) of this section.
  (e) The Panel shall review each agreement approved under 
subsection (a) of this section periodically, but at least once 
every 3 years--
          (1) to determine whether the agreement or an 
        organization established or continued under one of 
        those agreements still complies with the requirements 
        of that subsection and the public interest; and
          (2) to evaluate the success and effect of that 
        agreement or organization on the consuming public and 
        the national rail freight transportation system.
If the Panel finds that an agreement or organization does not 
conform to the requirements of that subsection, it shall end or 
suspend its approval.
  (f)(1) The Federal Trade Commission, in consultation with the 
Antitrust Division of the Department of Justice, shall prepare 
periodically an assessment of, and shall report to the Panel 
on--
          (A) possible anticompetitive features of--
                  (i) agreements approved or submitted for 
                approval under subsection (a) of this section; 
                and
                  (ii) an organization operating under those 
                agreements; and
          (B) possible ways to alleviate or end an 
        anticompetitive feature, effect, or aspect in a manner 
        that will further the goals of this part and of the 
        transportation policy of section 10101 of this title.
  (2) Reports received by the Panel under this subsection shall 
be published and made available to the public under section 
552(a) of title 5.

Sec. 10507. Determination of market dominance in rail rate proceedings

  (a) In this section, ``market dominance'' means an absence of 
effective competition from other rail carriers or modes of 
transportation for the transportation to which a rate applies.
  (b) When a rate for transportation by a rail carrier 
providing transportation subject to the jurisdiction of the 
Panel under this part is challenged as being unreasonably high, 
the Panel shall determine, within 90 days after the start of a 
proceeding, whether the rail carrier proposing the rate has 
market dominance over the transportation to which the rate 
applies. The Panel may make that determination on its own 
initiative or on complaint. A finding by the Panel that the 
rail carrier does not have market dominance is determinative in 
a proceeding under this part related to that rate or 
transportation unless changed or set aside by the Panel or set 
aside by a court of competent jurisdiction.
  (c) When the Panel finds in any proceeding that a rail 
carrier proposing or defending a rate for transportation has 
market dominance over the transportation to which the rate 
applies, it may then determine that rate to be unreasonable if 
it exceeds a reasonable maximum for that transportation. 
However, a finding of market dominance does not establish a 
presumption that the proposed rate exceeds a reasonable 
maximum.
  (d)(1)(A) In making a determination under this section, the 
Panel shall find that the rail carrier establishing the 
challenged rate does not have market dominance over the 
transportation to which the rate applies if such rail carrier 
proves that the rate charged results in a revenue-variable cost 
percentage for such transportation that is less than 180 
percent.
  (B) For purposes of this section, variable costs for a Class 
I rail carrier shall be determined only by using such carrier's 
unadjusted costs, calculated using the Panel's Rail Form A cost 
finding methodology (or an alternative methodology adopted by 
the Panel in lieu thereof) and indexed quarterly to account for 
current wage and price levels in the region in which the 
carrier operates, with adjustments specified by the Panel. A 
rail carrier may meet its burden of proof under this subsection 
by establishing its variable costs in accordance with this 
paragraph, but a shipper may rebut that showing by evidence of 
such type, and in accordance with such burden of proof, as the 
Panel shall prescribe.
  (2) A finding by the Panel that a rate charged by a rail 
carrier results in a revenue-variable cost percentage for the 
transportation to which the rate applies that is equal to or 
greater than 180 percent does not establish a presumption 
that--
          (A) such rail carrier has or does not have market 
        dominance over such transportation; or
          (B) the proposed rate exceeds or does not exceed a 
        reasonable maximum.

Sec. 10508. Inflation-based rate increases

  (a) The Panel may, on a quarterly basis and consistent with 
the rail transportation policy set forth in section 10101 of 
this title, prescribe a percentage rate index for rail carriers 
in order to compensate for inflationary cost increases. Such 
percentage rate index may be applicable on an industry-wide, 
territory-wide, or carrier-by-carrier basis.
  (b) For purposes of this section, a percentage rate index may 
permit rate increases within a specified range to allow 
carriers to recover a total revenue increase specified by the 
Panel as necessary to compensate for inflationary cost 
increases.
  (c) The Panel shall, as often as practicable, but in no event 
less often than quarterly, publish a rail cost adjustment 
factor which shall be a fraction, the numerator of which is the 
latest published Index of Railroad Costs (which index shall be 
compiled or verified by the Panel, with appropriate adjustments 
to reflect the changing composition of railroad costs, 
including the quality and mix of material and labor) and the 
denominator of which is the same index for the fourth quarter 
of every fifth year.

Sec. 10509. Contracts

  (a) One or more rail carriers providing transportation 
subject to the jurisdiction of the Panel under this part may 
enter into a contract with one or more purchasers of rail 
services to provide specified services under specified rates 
and conditions.
  (b) A party to a contract entered into under this section 
shall have no duty in connection with services provided under 
such contract other than those duties specified by the terms of 
the contract.
  (c)(1) A contract that is authorized by this section, and 
transportation under such contract, shall not be subject to 
this part, and may not be subsequently challenged before the 
Panel or in any court on the grounds that such contract 
violates a provision of this part.
  (2) The exclusive remedy for any alleged breach of a contract 
entered into under this section shall be an action in an 
appropriate State court or United States district court, unless 
the parties otherwise agree.
  (d) Documents, papers, and records (and any copies thereof) 
relating to a contract described in subsection (a) shall not be 
subject to the mandatory disclosure requirements of section 552 
of title 5.
  (e) Any lawful contract between a rail carrier and one or 
more purchasers of rail service that was in effect on the 
effective date of the Staggers Rail Act of 1980 shall be 
considered a contract authorized by this section.

                  SUBCHAPTER II--SPECIAL CIRCUMSTANCES

Sec. 10521. Government traffic

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

Sec. 10522. Emergency rates

  (a) The Panel may authorize a rail carrier providing 
transportation or service subject to its jurisdiction under 
this part to give reduced rates for service and transportation 
of property to or from an area in the United States to provide 
relief during emergencies. When the Panel takes action under 
this subsection, it must--
          (1) define the area of the United States in which the 
        reduced rates will apply;
          (2) specify the period during which the reduced rates 
        are to be in effect; and
          (3) define the class of persons entitled to the 
        reduced rates.
  (b) The Panel may specify those persons entitled to reduced 
rates by reference to those persons designated as being in need 
of relief by the United States Government or by a State 
government authorized to assist in providing relief during the 
emergency. The Panel may act under this section without regard 
to subchapter II of chapter 5 of title 5.

Sec. 10523. Car utilization

  In order to encourage more efficient use of freight cars, 
notwithstanding any other provision of this part, rail carriers 
shall be permitted to establish premium charges for special 
services or special levels of services not otherwise applicable 
to the movement. The Panel shall facilitate development of such 
charges so as to increase the utilization of equipment.

                      SUBCHAPTER III--LIMITATIONS

Sec. 10541. Prohibitions against discrimination by rail carriers

  (a)(1) A rail carrier providing transportation or service 
subject to the jurisdiction of the Panel under this part may 
not subject a person, place, port, or type of traffic to 
unreasonable discrimination.
  (2) For purposes of this section, a rail carrier engages in 
unreasonable discrimination when it charges or receives from a 
person a different compensation for a service rendered, or to 
be rendered, in transportation the rail carrier may perform 
under this part than it charges or receives from another person 
for performing a like and contemporaneous service in the 
transportation of a like kind of traffic under substantially 
similar circumstances.
  (b) This section shall not apply to--
          (1) contracts described in section 10509 of this 
        title;
          (2) rail rates applicable to different routes; or
          (3) discrimination against the traffic of another 
        carrier providing transportation by any mode.
  (c) Differences between rates, classifications, rules, and 
practices of rail carriers do not constitute a violation of 
this section if such differences result from different services 
provided by rail carriers.

Sec. 10542. Facilities for interchange of traffic

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

Sec. 10543. Continuous carriage of freight

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

Sec. 10544. Transportation services or facilities furnished by shipper

  A rail carrier providing transportation or service subject to 
the jurisdiction of the Panel under this part may publish a 
charge or allowance for transportation or service for property 
when the owner of the property, directly or indirectly, 
furnishes a service related to or an instrumentality used in 
the transportation or service. The Panel may prescribe the 
maximum reasonable charge or allowance a rail carrier subject 
to its jurisdiction may pay for a service or instrumentality 
furnished under this section. The Panel may begin a proceeding 
under this section on its own initiative or on application.

Sec. 10545. Demurrage charges

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

Sec. 10546. Designation of certain routes by shippers

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

                         CHAPTER 107--LICENSING

Sec.
10701. Authorizing construction and operation of railroad lines.
10702. Finance and construction transactions by Class II and Class III 
          rail carriers and noncarriers.
10703. Filing and procedure for notice of intent to abandon or 
          discontinue.
10704. Offers to purchase to avoid abandonment and discontinuance.
10705. Offering abandoned rail properties for sale for public purposes.
10706. Exception.

Sec. 10701. Authorizing construction and operation of railroad lines

  (a) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part may--
          (1) construct an extension to any of its railroad 
        lines;
          (2) construct an additional railroad line;
          (3) acquire or operate an extended or additional 
        railroad line; or
          (4) provide transportation over, or by means of, an 
        extended or additional railroad line;
only if the Panel issues a certificate authorizing such 
activity under subsection (c).
  (b) A proceeding to grant authority under subsection (a) of 
this section begins when an application is filed. On receiving 
the application, the Panel shall give reasonable public notice 
of the beginning of such proceeding.
  (c) The Panel shall issue a certificate authorizing 
activities for which such authority is requested in an 
application filed under subsection (b) unless the Panel finds 
that such activities are inconsistent with the public 
convenience and necessity. Such certificate may approve the 
application as filed, or with modifications, and may require 
compliance with conditions the Panel finds necessary in the 
public interest.
  (d)(1) When a certificate has been issued by the Panel under 
this section or section 10702 authorizing the construction or 
extension of a railroad line, no other rail carrier may block 
any construction or extension authorized by such certificate by 
refusing to permit the carrier to cross its property if--
          (A) the construction does not unreasonably interfere 
        with the operation of the crossed line;
          (B) the operation does not materially interfere with 
        the operation of the crossed line; and
          (C) the owner of the crossing line compensates the 
        owner of the crossed line.
  (2) If the parties are unable to agree on the terms of 
operation or the amount of payment for purposes of paragraph 
(1) of this subsection, either party may submit the matters in 
dispute to the Panel for determination. The Panel shall make a 
determination under this paragraph within 90 days after the 
dispute is submitted for determination.
  (e) The Panel may require any rail carrier proposing both to 
construct and operate a new railroad line pursuant to this 
section to provide a fair and equitable arrangement for the 
protection of the interests of railroad employees who may be 
affected thereby no less protective of and beneficial to the 
interests of such employees than those established pursuant to 
section 11126 of this title.
  (f) Subsections (a), (b), (c), and (e) of this section shall 
only apply to Class I rail carriers.

Sec. 10702. Finance and construction transactions by Class II and Class 
                    III rail carriers and noncarriers

  (a)(1) A Class II or Class III (as defined by the Panel) rail 
carrier providing transportation subject to the jurisdiction of 
the Panel under this part, or a noncarrier, may--
          (A) construct an extension of any of its railroad 
        lines;
          (B) construct an additional railroad line; or
          (C) acquire or operate a railroad line,
only if the Panel issues a certificate authorizing such 
activity under subsection (c).
  (2) A certificate issued by the Panel under subsection (c) 
shall also be required for--
          (A) a Class II or Class III rail carrier providing 
        transportation subject to the jurisdiction of the Panel 
        under this part, or a noncarrier to provide 
        transportation over, or by means of, a railroad line by 
        trackage rights, lease, or joint ownership or joint use 
        of the railroad line (and terminals incidental 
        thereto);
          (B) a consolidation or merger of the properties or 
        franchises of at least 2 Class II or Class III rail 
        carriers into one corporation for the ownership, 
        management, and operation of the previously separately 
        owned properties;
          (C) the acquisition of control of a Class II or Class 
        III rail carrier by one or more Class II or Class III 
        rail carriers;
          (D) the acquisition of control of at least 2 Class II 
        or Class III rail carriers by a person that is not a 
        rail carrier; and
          (E) the acquisition of control of a Class II or Class 
        III rail carrier by a person that is not a rail carrier 
        but that controls at least one Class II or Class III 
        rail carrier.
  (b) A proceeding to grant authority under subsection (a) 
begins when an application is filed. On receiving the 
application, the Panel shall give reasonable public notice of 
the beginning of such proceeding.
  (c) The Panel shall issue a certificate authorizing 
activities for which such authority is requested in an 
application filed under subsection (b) unless the Panel finds 
that such activities are inconsistent with the public 
convenience and necessity because--
          (1) as a result of the transaction, there is likely 
        to be substantial lessening of competition, creation of 
        a monopoly, or restraint of trade in freight surface 
        transportation in any region of the United States; and
          (2) the anticompetitive effects of the transaction 
        outweigh the public interest in meeting significant 
        transportation needs.
Such certificate may approve the application as filed, or with 
modifications, and may require compliance with conditions the 
Panel finds necessary in the public interest.
  (d) When a person is involved in a transaction for which 
approval is sought under this section, the Panel shall require 
such person to protect the interest of affected employees to an 
extent equal to the protection required under sections 2 
through 5 of the Worker Adjustment and Retraining Notification 
Act (29 U.S.C. 2101-2104).
  (e) The authority of the Panel over transactions described in 
subsection (a)(2) is exclusive. A rail carrier or corporation 
participating in or resulting from such a transaction may carry 
out the transaction, own and operate property, and exercise 
control or franchises acquired through the transaction without 
the approval of a State authority. A rail carrier, corporation, 
or person participating in that transaction is exempt from the 
antitrust laws and from all other law, including State and 
municipal law, as necessary to let that rail carrier, 
corporation, or person carry out the transaction, hold, 
maintain, and operate property and exercise control or 
franchises acquired through the transaction.

Sec. 10703. Filing and procedure for notice of intent to abandon or 
                    discontinue

  (a)(1) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part who intends to--
          (A) abandon any part of its railroad lines; or
          (B) discontinue the operation of all rail 
        transportation over any part of its railroad lines,
must file a notice of intent relating thereto with the Panel. 
An abandonment or discontinuance may be carried out only as 
authorized under this chapter.
  (2) When a rail carrier providing transportation subject to 
the jurisdiction of the Panel under this part files a notice of 
intent, the notice shall include--
          (A) an accurate and understandable summary of the 
        rail carrier's reasons for the proposed abandonment or 
        discontinuance;
          (B) a statement indicating that each interested 
        person is entitled to make recommendations to the Panel 
        on the future of the rail line; and
          (C)(i) a statement that the line is available for 
        sale in accordance with section 10704 of this title, 
        (ii) a statement that the rail carrier will promptly 
        provide to each interested party an estimate of the 
        minimum purchase price, calculated in accordance with 
        section 10704 of this title and (iii) the name and 
        business address of the person who is authorized to 
        discuss sale terms for the rail carrier.
  (3) The rail carrier shall--
          (A) send by certified mail a copy of the notice of 
        intent to the chief executive officer of each State 
        that would be directly affected by the proposed 
        abandonment or discontinuance;
          (B) post a copy of the notice in each terminal and 
        station on each portion of a railroad line proposed to 
        be abandoned or over which all transportation is to be 
        discontinued;
          (C) publish a copy of the notice for 3 consecutive 
        weeks in a newspaper of general circulation in each 
        county in which each such portion is located;
          (D) mail a copy of the notice, to the extent 
        practicable, to all shippers that have made significant 
        use (as designated by the Panel) of the railroad line 
        during the 12 months preceding the filing of the notice 
        of intent; and
          (E) attach to the notice filed with the Panel an 
        affidavit certifying the manner in which subparagraphs 
        (A) through (D) of this paragraph have been satisfied, 
        and certifying that subparagraphs (A) through (D) have 
        been satisfied within the most recent 30 days prior to 
        the date the notice of intent is filed.
  (b)(1) Except as provided in paragraph (2) or subsection (d), 
abandonment and discontinuance may occur as provided in section 
10704.
  (2) If, after considering the scope of an abandonment or 
discontinuance proposed in a notice of intent filed under this 
section, the Panel considers it necessary, to improve the 
viability of the lines included within the proposed abandonment 
or discontinuance for possible sale or transfer and continued 
operation, and to enhance competitive alternatives in the event 
of such sale or transfer, the Panel may require the filing of a 
new notice of intent which enlarges the scope of the proposed 
abandonment or discontinuance or provides for appropriate 
trackage rights.
  (3) The Panel shall require as a condition of any abandonment 
or discontinuance under this section provisions to protect the 
interests of employees. The provisions shall be at least as 
beneficial to those interests as the provisions established 
under sections 11126 and 24706(c) of this title.
  (c)(1) In this subsection, the term ``potentially subject to 
abandonment'' has the meaning given the term in regulations of 
the Panel. The regulations may include standards that vary by 
region of the United States and by railroad or group of 
railroads.
  (2) Each rail carrier shall maintain a complete diagram of 
the transportation system operated, directly or indirectly, by 
the rail carrier. The rail carrier shall submit to the Panel 
and publish amendments to its diagram that are necessary to 
maintain the accuracy of the diagram. The diagram shall--
          (A) include a detailed description of each of its 
        railroad lines potentially subject to abandonment; and
          (B) identify each railroad line for which the rail 
        carrier plans to file a notice of intent to abandon or 
        discontinue under subsection (a) of this section.
  (d) The Panel may disapprove a proposed abandonment or 
discontinuance if the Panel finds it inconsistent with the 
public convenience and necessity.

Sec. 10704. Offers to purchase to avoid abandonment and discontinuance

  (a) Any rail carrier which has filed a notice of intent to 
abandon or discontinue shall provide promptly to a party 
considering an offer to purchase and shall provide concurrently 
to the Panel--
          (1) a statement of the minimum purchase price 
        required;
          (2) its most recent reports on the physical condition 
        of that part of the railroad line involved in the 
        proposed abandonment or discontinuance;
          (3) traffic, revenue, and other data necessary to 
        determine the commercial potential of the railroad 
        line; and
          (4) any other information that the Panel considers 
        necessary to allow a potential offeror to calculate an 
        adequate purchase offer.
  (b) Within 6 months after a notice of intent is filed under 
section 10703, any person may offer to purchase the railroad 
line that is the subject of such notice of intent. Such offer 
shall be filed concurrently with the Panel. If the offer to 
purchase is less than the minimum purchase price stated 
pursuant to subsection (a)(1), the offer shall explain the 
basis of the disparity, and the manner in which the offer is 
calculated.
  (c)(1) Unless the Panel, within 15 days after the expiration 
of the 6-month period described in subsection (b), finds that 
one or more financially responsible persons (including a 
governmental authority) have offered to purchase that part of 
the railroad line to be abandoned or over which all rail 
transportation is to be discontinued, abandonment or 
discontinuance may be carried out in accordance with section 
10703.
  (2) If the Panel finds that such an offer or offers to 
purchase have been made within such period, abandonment or 
discontinuance shall be postponed until--
          (A) the carrier and a financially responsible person 
        have reached agreement on a transaction for sale of the 
        line; or
          (B) the conditions and amount of compensation are 
        established under subsection (e).
  (d) Except as provided in subsection (e)(3), if the rail 
carrier and a financially responsible person (including a 
governmental authority) fail to agree on the amount or terms of 
the purchase, either party may, within 30 days after the offer 
is made, request that the Panel establish the conditions and 
amount of compensation.
  (e)(1) Whenever the Panel is requested to establish the 
conditions and amount of compensation under this section--
          (A) the Panel shall render its decision within 30 
        days;
          (B) the Panel shall determine the price and other 
        terms of sale, except that in no case shall the Panel 
        set a price which is below the fair market value of the 
        line (including, unless otherwise mutually agreed, all 
        facilities on the line or portion necessary to provide 
        effective transportation services).
  (2) The decision of the Panel shall be binding on both 
parties, except that the person who has offered to purchase the 
line may withdraw his offer within 10 days of the Panel's 
decision. In such a case, the abandonment or discontinuance may 
be carried out immediately, unless other offers are being 
considered pursuant to paragraph (3) of this subsection.
  (3) If a rail carrier receives more than one offer to 
purchase, it shall select the offeror with whom it wishes to 
transact business, and complete the sale agreement, or request 
that the Panel establish the conditions and amount of 
compensation before the 40th day after the expiration of the 6-
month period described in subsection (b). If no agreement on 
sale is reached within such 40-day period and the Panel has not 
been requested to establish the conditions and amount of 
compensation, any other offeror whose offer was made within the 
6-month period described in subsection (b) may request that the 
Panel establish the conditions and amount of compensation. If 
the Panel has established the conditions and amount of 
compensation, and the original offer has been withdrawn, any 
other offeror whose offer was made within the 6-month period 
described in subsection (b) may accept the Panel's decision 
within 20 days after such decision, and the Panel shall require 
the carrier to enter into a sale agreement with such offeror, 
if such sale agreement incorporates the Panel's decision.
  (4) No purchaser of a line or portion of line sold under this 
section may transfer or discontinue service on such line prior 
to the end of the second year after consummation of the sale, 
nor may such purchaser transfer such line, except to the rail 
carrier from whom it was purchased, prior to the end of the 
fifth year after consummation of the sale.
  (f) Upon abandonment of a railroad line under this section, 
the obligation of the rail carrier abandoning the line to 
provide transportation on that line, as required by section 
10901(a), is extinguished.

Sec. 10705. Offering abandoned rail properties for sale for public 
                    purposes

  When a rail carrier files a notice of intent to abandon or 
discontinue under section 10703, the Panel shall find whether 
the rail properties that are involved in the proposed 
abandonment or discontinuance are appropriate for use for 
public purposes, including highways, other forms of mass 
transportation, conservation, energy production or 
transmission, or recreation. If the Panel finds that the rail 
properties proposed to be abandoned are appropriate for public 
purposes and not required for continued rail operations, the 
properties may be sold, leased, exchanged, or otherwise 
disposed of only under conditions provided in the order of the 
Panel. The conditions may include a prohibition on any such 
disposal for a period of not more than 180 days after the 
effective date of the order, unless the properties have first 
been offered, on reasonable terms, for sale for public 
purposes.

Sec. 10706. Exception

  Notwithstanding section 10701 and subchapter II of chapter 
111 of this title, and without the approval ofthe Panel, a rail 
carrier providing transportation subject to the jurisdiction of the 
Panel under this part may enter into arrangements for the joint 
ownership or joint use of spur, industrial, team, switching, or side 
tracks.

                        CHAPTER 109--OPERATIONS

                   SUBCHAPTER I--GENERAL REQUIREMENTS

Sec.
10901. Providing transportation, service, and rates.
10902. Use of terminal facilities.
10903. Switch connections and tracks.

                       SUBCHAPTER II--CAR SERVICE

10921. Criteria.
10922. Compensation and practice.
10923. Rerouting traffic on failure of rail carrier to serve the public.
10924. War emergencies; embargoes imposed by carriers.

                   SUBCHAPTER III--REPORTS AND RECORDS

10941. Definitions.
10942. Uniform accounting system.
10943. Depreciation charges.
10944. Records: form; inspection; preservation.
10945. Reports by rail carriers, lessors, and associations.

                 SUBCHAPTER IV--RAILROAD COST ACCOUNTING

10961. Implementation of cost accounting principles.
10962. Rail carrier cost accounting system.
10963. Cost availability.
10964. Accounting and cost reporting.

                   SUBCHAPTER I--GENERAL REQUIREMENTS

Sec. 10901. Providing transportation, service, and rates

  (a) A rail carrier providing transportation or service 
subject to the jurisdiction of the Panel under this part shall 
provide the transportation or service on reasonable request. A 
rail carrier shall not be found to have violated this section 
because it fulfills its reasonable commitments under contracts 
authorized under section 10509 of this title before responding 
to reasonable requests for service.
  (b) A rail carrier shall also provide to any person, on 
request, rates and other service terms. The response by a rail 
carrier to a request for rates and other service terms shall 
be--
          (1) in writing and forwarded to the requesting person 
        promptly after receipt of the request; or
          (2) promptly made available in electronic form.
  (c) A rail carrier may not increase any common carrier rates 
or change any common carrier service terms unless written 
notice is provided in accordance with subsection (d) to--
          (1) any person who has requested such rates or terms 
        under subsection (b); and
          (2) any person who has made arrangements with the 
        carrier for a shipment that would be subject to such 
        increased rates or changed terms.
  (d) The Panel shall, by regulation, establish rules to 
implement this section, including appropriate periods of 
notice.

Sec. 10902. Use of terminal facilities

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

Sec. 10903. Switch connections and tracks

  (a) On application of the owner of a lateral branch line of 
railroad, or of a shipper tendering interstate traffic for 
transportation, a rail carrier providing transportation subject 
to the jurisdiction of the Panel under this part shall 
construct, maintain, and operate, on reasonable conditions, a 
switch connection to connect that branch line or private side 
track with its railroad and shall furnish cars to move that 
traffic to the best of its ability without discrimination in 
favor of or against the shipper when the connection--
          (1) is reasonably practicable;
          (2) can be made safely; and
          (3) will furnish sufficient business to justify its 
        construction and maintenance.
  (b) If a rail carrier fails to install and operate a switch 
connection after application is made under subsection (a) of 
this section, the owner of the lateral branch line of railroad 
or the shipper may file a complaint with the Panel under 
section 11501 of this title. The Panel shall investigate the 
complaint and decide the safety, practicability, justification, 
and compensation to be paid for the connection. The Panel may 
direct the rail carrier to comply with subsection (a) of this 
section only after a full hearing.

                       SUBCHAPTER II--CAR SERVICE

Sec. 10921. Criteria

  (a)(1) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part shall furnish safe 
and adequate car service and establish, observe, and enforce 
reasonable rules and practices on car service. The Panel may 
require a rail carrier to provide facilities and equipment that 
are reasonably necessary to furnish safe and adequate car 
service if the Panel decides that the rail carrier has 
materially failed to furnish that service. The Panel may begin 
a proceeding under this paragraph when an interested person 
files an application with it. The Panel may act only after a 
hearing on the record and an affirmative finding, based on the 
evidence presented, that--
          (A) providing the facilities or equipment will not 
        materially and adversely affect the ability of the rail 
        carrier to provide safe and adequate transportation;
          (B) the amount spent for the facilities or equipment, 
        including a return equal to the rail carrier's current 
        cost of capital, will be recovered; and
          (C) providing the facilities or equipment will not 
        impair the ability of the rail carrier to attract 
        adequate capital.
  (2) The Panel may require a rail carrier to file its car 
service rules with the Panel.
  (b) The Panel may designate and appoint agents and agencies 
to make and carry out its directions related to car service and 
matters under sections 10923 and 10924(a)(1) of this title.

Sec. 10922. Compensation and practice

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

Sec. 10923. Rerouting traffic on failure of rail carrier to serve the 
                    public

  (a) When the Panel considers that a rail carrier providing 
transportation subject to the jurisdiction of the Panel under 
this part cannot transport the traffic offered to it in a 
manner that properly serves the public, the Panel may direct 
the handling, routing, and movement of the traffic of that rail 
carrier and its distribution over other railroad lines to 
promote commerce and service to the public. Subject to 
subsection (b)(2) of this section, the rail carriers may 
establish the terms of compensation between themselves.
  (b)(1) Except as provided in paragraph (2) of this 
subsection, the Panel may act under this section on its own 
initiative or on application without regard to subchapter II of 
chapter 5 of title 5.
  (2) When the rail carriers do not agree on the terms of 
compensation under this section, the Panel may establish the 
terms for them in a later proceeding.
  (c) When there is a shortage of equipment, congestion of 
traffic, or other emergency declared by the Panel, it may 
prescribe temporary through routes that are desirable in the 
public interest on its own initiative or on application without 
regard to subchapter II of chapter 7 of this title, and 
subchapter II of chapter 5 of title 5.

Sec. 10924. War emergencies; embargoes imposed by carriers

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

                  SUBCHAPTER III--REPORTS AND RECORDS

Sec. 10941. Definitions

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

Sec. 10942. Uniform accounting system

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

Sec. 10943. Depreciation charges

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

Sec. 10944. Records: form; inspection; preservation

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

Sec. 10945. Reports by rail carriers, lessors, and associations

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

                SUBCHAPTER IV--RAILROAD COST ACCOUNTING

Sec. 10961. Implementation of cost accounting principles

  Not less than once every five years after the promulgation of 
original rules implementing the cost accounting principles 
established by the Railroad Accounting Principles Board, the 
Panel shall review such principles and shall, by rule, make 
such changes in such principles as are required to achieve the 
regulatory purposes of this part. The Panel shall insure that 
the rules promulgated under this section are the most efficient 
and least burdensome means by which the required information 
may be developed for regulatory purposes. To the maximum extent 
practicable, the Panel shall conform such rules to generally 
accepted accounting principles.

Sec. 10962. Rail carrier cost accounting system

  (a) Each rail carrier shall have and maintain a cost 
accounting system that is in compliance with the rules 
promulgated by the Panel under section 10961 of this title. A 
rail carrier may, after notifying the Panel, make modifications 
in such system unless, within 60 days after the date of 
notification, the Panel finds such modifications to be 
inconsistent with the rules promulgated by the Panel under 
section 10961 of this title.
  (b) For purposes of determining whether the cost accounting 
system of a rail carrier is in compliance with the rules 
promulgated by the Panel, the Panel shall have the right to 
examine and make copies of any documents, papers, or records of 
such rail carrier relating to compliance with such rules. Such 
documents, papers, and records (and any copies thereof) shall 
not be subject to the mandatory disclosure requirements of 
section 552 of title 5.

Sec. 10963. Cost availability

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

Sec. 10964. Accounting and cost reporting

  (a) To obtain expense and revenue information for regulatory 
purposes, the Panel may promulgate reasonable rules for rail 
carriers providing transportation subject to the jurisdiction 
of the Panel under this part, prescribing expense and revenue 
accounting and reporting requirements consistent with generally 
accepted accounting principles uniformly applied to such 
carriers. Such requirements shall be cost effective and 
compatible with and not duplicative of the managerial and 
responsibility accounting requirements of those carriers. To 
the extent such rules are required solely to provide expense 
and revenue information necessary for determining railroad 
costs in regulatory proceedings under this part, such rules 
shall be promulgated in accordance with the cost accounting 
principles established by the Railroad Accounting Principles 
Board.
  (b) Any reports required by the rules established by the 
Panel under this section shall include only information 
considered necessary for disclosure under the cost accounting 
principles established by the Board or under generally accepted 
accounting principles or the requirements of the Securities and 
Exchange Commission.

                          CHAPTER 111--FINANCE

          SUBCHAPTER I--EQUIPMENT TRUSTS AND SECURITY INTERESTS

Sec.
11101. Equipment trusts: recordation; evidence of indebtedness.

                       SUBCHAPTER II--COMBINATIONS

11121. Scope of authority.
11122. Limitation on pooling and division of transportation or earnings.
11123. Consolidation, merger, and acquisition of control.
11124. Consolidation, merger, and acquisition of control: conditions of 
          approval.
11125. Consolidation, merger, and acquisition of control: procedure.
11126. Employee protective arrangements in transactions involving rail 
          carriers.
11127. Supplemental orders.

         SUBCHAPTER I--EQUIPMENT TRUSTS AND SECURITY INTERESTS

Sec. 11101. Equipment trusts: recordation; evidence of indebtedness

  (a) A mortgage, lease equipment trust agreement, conditional 
sales agreement, or other instrument evidencing the mortgage, 
lease, conditional sale, or bailment of or security interest in 
railroad cars, locomotives, or other rolling stock, or 
accessories used on such railroad cars, locomotives, or other 
rolling stock (including superstructures and racks), intended 
for a use related to interstate commerce shall be filed with 
the Panel. An assignment of a right or interest under one of 
those instruments and an amendment to that instrument or 
assignment including a release, discharge, or satisfaction of 
any part of it shall also be filed with the Panel. The 
instrument, assignment, or amendment must be in writing, 
executed by the parties to it, and acknowledged or verified 
under Panel regulations. When filed under this section, that 
document is notice to, and enforceable against, all persons. A 
document filed under this section does not have to be filed, 
deposited, registered, or recorded under another law of the 
United States, a State (or its political subdivisions), or 
territory or possession of the United States, related to 
filing, deposit, registration, or recordation of those 
documents.
  (b) The Panel shall maintain a system for recording each 
document filed under subsection (a) of this section and mark 
each of them with a consecutive number and the date and hour of 
their recordation. The Panel shall maintain and keep open for 
public inspection an index of documents filed under that 
subsection. That index shall include the name and address of 
the principal debtors, trustees, guarantors, and other parties 
to those documents and may include other facts that will assist 
in determining the rights of the parties to those transactions.
  (c) The Panel shall to the greatest extent practicable 
perform its functions under this section through contracts with 
private sector entities.
  (d) The Panel shall assess user fees for services performed 
by the Panel or a contractor thereof under this section. Such 
fees may be used by the Panel to offset its costs, to the 
extent provided in advance in appropriations Acts.
  (e) A mortgage, lease, equipment trust agreement, conditional 
sales agreement, or other instrument evidencing the mortgage, 
lease, conditional sale, or bailment of or security interest in 
railroad cars, locomotives, or other rolling stock, or 
accessories used on such railroad cars, locomotives, or other 
rolling stock (including superstructures and racks), or any 
assignment thereof, which--
          (1) is duly constituted under the laws of a country 
        other than the United States; and
          (2) relates to property that bears the reporting 
        marks and identification numbers of any person 
        domiciled in or corporation organized under the laws of 
        such country,
shall be recognized with the same effect as having been filed 
under this section.
  (f) Interests with respect to which documents are filed or 
recognized under this section are deemed perfected in all 
jurisdictions, and shall be governed by applicable State or 
foreign law in all matters not specifically governed by this 
section.

                      SUBCHAPTER II--COMBINATIONS

Sec. 11121. Scope of authority

  (a) The authority of the Panel under this subchapter is 
exclusive. A rail carrier or corporation participating in or 
resulting from a transaction approved by or exempted by the 
Panel under this subchapter may carry out the transaction, own 
and operate property, and exercise control or franchises 
acquired through the transaction without the approval of a 
State authority. A rail carrier, corporation, or person 
participating in that approved or exempted transaction is 
exempt from the antitrust laws and from all other law, 
including State and municipal law, as necessary to let that 
rail carrier, corporation, or person carry out the transaction, 
hold, maintain, and operate property, and exercise control or 
franchises acquired through the transaction.
  (b) The requirement to obtain the approval or authorization 
of the Panel under this subchapter shall only apply to 
transactions involving at least one Class I rail carrier, and 
shall not apply to transactions described in section 10702.

Sec. 11122. Limitation on pooling and division of transportation or 
                    earnings

  (a) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part may not agree or 
combine with another of those rail carriers to pool or divide 
traffic or services or any part of their earnings without the 
approval of the Panel under this section or section 10923 of 
this title. The Panel may approve and authorize the agreement 
or combination if the rail carriers involved assent to the 
pooling or division and the Panel finds that a pooling or 
division of traffic, services, or earnings--
          (1) will be in the interest of better service to the 
        public or of economy of operation; and
          (2) will not unreasonably restrain competition.
  (b) The Panel may impose conditions governing the pooling or 
division and may approve and authorize payment of a reasonable 
consideration between the rail carriers.
  (c) The Panel may begin a proceeding under this section on 
its own initiative or on application.

Sec. 11123. Consolidation, merger, and acquisition of control

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

Sec. 11124. Consolidation, merger, and acquisition of control: 
                    conditions of approval

  (a) The Panel may begin a proceeding to approve and authorize 
a transaction referred to in section 11123 of this title on 
application of the person seeking that authority. When an 
application is filed with the Panel, the Panel shall notify the 
chief executive officer of each State in which property of the 
rail carriers involved in the proposed transaction is located 
and shall notify those rail carriers. The Panel shall hold a 
public hearing unless the Panel determines that a public 
hearing is not necessary in the public interest.
  (b) In a proceeding under this section which involves the 
merger or control of at least two Class I railroads, as defined 
by the Panel, the Panel shall consider at least--
          (1) the effect of the proposed transaction on the 
        adequacy of transportation to the public;
          (2) the effect on the public interest of including, 
        or failing to include, other rail carriers in the area 
        involved in the proposed transaction;
          (3) the total fixed charges that result from the 
        proposed transaction;
          (4) the interest of rail carrier employees affected 
        by the proposed transaction; and
          (5) whether the proposed transaction would have an 
        adverse effect on competition among rail carriers in 
        the affected region or in the national rail system.
  (c) The Panel shall approve and authorize a transaction under 
this section when it finds the transaction is consistent with 
the public interest. The Panel may impose conditions governing 
the transaction, including the divestiture of parallel tracks 
or requiring the granting of trackage rights. Any trackage 
rights conditions imposed to alleviate anticompetitive effects 
of the transaction shall provide for compensation levels to 
ensure that such effects are alleviated. When the transaction 
contemplates a guaranty or assumption of payment of dividends 
or of fixed charges or will result in an increase of total 
fixed charges, the Panel may approve and authorize the 
transaction only if it finds that the guaranty, assumption, or 
increase is consistent with the public interest. The Panel may 
require inclusion of other rail carriers located in the area 
involved in the transaction if they apply for inclusion and the 
Panel finds their inclusion to be consistent with the public 
interest.
  (d) In a proceeding under this section which does not involve 
the merger or control of at least two Class I railroads, as 
defined by the Panel, the Panel shall approve such an 
application unless it finds that--
          (1) as a result of the transaction, there is likely 
        to be substantial lessening of competition, creation of 
        a monopoly, or restraint of trade in freight surface 
        transportation in any region of the United States; and
          (2) the anticompetitive effects of the transaction 
        outweigh the public interest in meeting significant 
        transportation needs.
In making such findings, the Panel shall, with respect to any 
application that is part of a plan or proposal developed under 
section 333(a)-(d) of this title, accord substantial weight to 
any recommendations of the Secretary of Transportation.
  (e)(1) To the extent provided in this subsection, a 
proceeding under this subchapter relating to a transaction 
involving at least one Class I rail carrier shall not be 
considered an adjudication required by statute to be determined 
on the record after opportunity for an agency hearing, for the 
purposes of subchapter II of chapter 5 of title 5, United 
States Code.
  (2) Ex parte communications, as defined in section 551(14) of 
title 5, United States Code, shall be permitted in proceedings 
described in paragraph (1) of this subsection, subject to the 
requirements of paragraph (3) of this subsection.
  (3)(A) Any member or employee of the Panel who makes or 
receives a written ex parte communication concerning the merits 
of a proceeding described in paragraph (1) shall promptly place 
the communication in the public docket of the proceeding.
  (B) Any member or employee of the Panel who makes or receives 
an oral ex parte communication concerning the merits of a 
proceeding described in paragraph (1) shall promptly place a 
written summary of the oral communication in the public docket 
of the proceeding.
  (4) Nothing in this subsection shall be construed to require 
the Panel or any of its members or employees to engage in any 
ex parte communication with any person. Nothing in this 
subsection or any other law shall be construed to limit the 
authority of the members or employees of the Panel, in their 
discretion, to note in the docket or otherwise publicly the 
occurrence and substance of an ex parte communication.

Sec. 11125. Consolidation, merger, and acquisition of control: 
                    procedure

  (a) The Panel shall publish notice of the application under 
section 11124 in the Federal Register by the end of the 30th 
day after the application is filed with the Panel. However, if 
the application is incomplete, the Panel shall reject it by the 
end of that period. The order of rejection is a final action of 
the Panel. The published notice shall indicate whether the 
application involves--
          (1) the merger or control of at least two Class I 
        railroads, as defined by the Panel, to be decided 
        within the time limits specified in subsection (b) of 
        this section;
          (2) transactions of regional or national 
        transportation significance, to be decided within the 
        time limits specified in subsection (c) of this 
        section; or
          (3) any other transaction covered by this section, to 
        be decided within the time limits specified in 
        subsection (d) of this section.
  (b) If the application involves the merger or control of two 
or more Class I railroads, as defined by the Panel, the 
following conditions apply:
          (1) Written comments about an application may be 
        filed with the Panel within 45 days after notice of the 
        application is published under subsection (a) of this 
        section. Copies of such comments shall be served on the 
        Attorney General, who may decide to intervene as a 
        party to the proceeding. That decision must be made by 
        the 15th day after the date of receipt of the written 
        comments, and if the decision is to intervene, 
        preliminary comments about the application must be sent 
        to the Panel by the end of the 15th day after the date 
        of receipt of the written comments.
          (2) The Panel shall require that applications 
        inconsistent with an application, notice of which was 
        published under subsection (a) of this section, and 
        applications for inclusion in the transaction, be filed 
        with it by the 90th day after publication of notice 
        under that subsection.
          (3) The Panel must conclude evidentiary proceedings 
        by the end of the 6th month after the date of 
        publication of notice under subsection (a) of this 
        section. The Panel must issue a final decision by the 
        90th day after the date on which it concludes the 
        evidentiary proceedings.
  (c) If the application involves a transaction other than the 
merger or control of at least two Class I railroads, as defined 
by the Panel, which the Panel has determined to be of regional 
or national transportation significance, the following 
conditions apply:
          (1) Written comments about an application, including 
        comments of the Attorney General, may be filed with the 
        Panel within 30 days after notice of the application is 
        published under subsection (a) of this section.
          (2) The Panel shall require that applications 
        inconsistent with an application, notice of which was 
        published under subsection (a) of this section, and 
        applications for inclusion in the transaction, be filed 
        with it by the 60th day after publication of notice 
        under that subsection.
          (3) The Panel must conclude any evidentiary 
        proceedings by the 125th day after the date of 
        publication of notice under subsection (a) of this 
        section. The Panel must issue a final decision by the 
        40th day after the date on which it concludes the 
        evidentiary proceedings.
  (d) For all applications under this section other than those 
specified in subsections (b) and (c) of this section, the 
following conditions apply:
          (1) Written comments about an application, including 
        comments of the Attorney General, may be filed with the 
        Panel within 30 days after notice of the application is 
        published under subsection (a) of this section.
          (2) The Panel must conclude any evidentiary 
        proceedings by the 105th day after the date of 
        publication of notice under subsection (a) of this 
        section. The Panel must issue a final decision by the 
        40th day after the date on which it concludes the 
        evidentiary proceedings.

Sec. 11126. Employee protective arrangements in transactions involving 
                    rail carriers

  When approval is sought for a transaction under sections 
11124 and 11125 of this title, the Panel shall require the rail 
carrier to provide a fair arrangement at least as protective of 
the interests of employees who are affected by the transaction 
as the terms imposed under section 5(2)(f) of the Interstate 
Commerce Act before February 5, 1976, and the terms established 
under section 24706(c) of this title. Notwithstanding this 
part, the arrangement may be made by the rail carrier and the 
authorized representative of its employees. The arrangement and 
the order approving the transaction must require that the 
employees of the affected rail carrier will not be in a worse 
position related to their employment as a result of the 
transaction during the 4 years following the effective date of 
the final action of the Panel (or if an employee was employed 
for a lesser period of time by the rail carrier before the 
action became effective, for that lesser period).

Sec. 11127. Supplemental orders

  When cause exists, the Panel may make appropriate orders 
supplemental to an order made in a proceeding under sections 
11122 through 11126 of this title.

                  CHAPTER 113--FEDERAL-STATE RELATIONS

Sec.
11301. Tax discrimination against rail transportation property.
11302. Withholding State and local income tax by rail carriers.

Sec. 11301. Tax discrimination against rail transportation property

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

Sec. 11302. Withholding State and local income tax by rail carriers

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

     CHAPTER 115--ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES

Sec.
11501. General authority.
11502. Enforcement by the Panel.
11503. Enforcement by the Attorney General.
11504. Rights and remedies of persons injured by rail carriers.
11505. Limitation on actions by and against rail carriers.
11506. Liability of rail carriers under receipts and bills of lading.

Sec. 11501. General authority

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

Sec. 11502. Enforcement by the Panel

  The Panel may bring a civil action--
          (1) to enjoin a rail carrier from violating sections 
        10701 through 10706 of this title, or a regulation 
        prescribed or order or certificate issued under any of 
        those sections;
          (2) to enforce subchapter II of chapter 111 of this 
        title and to compel compliance with the order of the 
        Panel under that subchapter; and
          (3) to enforce an order of the Panel, except a civil 
        action to enforce an order for the payment of money, 
        when it is violated by a rail carrier providing 
        transportation subject to the jurisdiction of the Panel 
        under this part.

Sec. 11503. Enforcement by the Attorney General

  The Attorney General may, and on request of the Panel shall, 
bring court proceedings to enforce this part, or a regulation 
or order of the Panel or certificate or permit issued under 
this part, and to prosecute a person violating this part or a 
regulation or order of the Panel or certificate or permit 
issued under this part.

Sec. 11504. Rights and remedies of persons injured by rail carriers

  (a) A person injured because a rail carrier providing 
transportation or service subject to the jurisdiction of the 
Panel under this part does not obey an order of the Panel, 
except an order for the payment of money, may bring a civil 
action to enforce that order under this subsection.
  (b) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part is liable for damages 
sustained by a person as a result of an act or omission of that 
carrier in violation of this part.
  (c)(1) A person may file a complaint with the Panel under 
section 11501(b) of this title or bring a civil action under 
subsection (b) of this section to enforce liability against a 
rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part.
  (2) When the Panel makes an award under subsection (b) of 
this section, the Panel shall order the rail carrier to pay the 
amount awarded by a specific date. The Panel may order a rail 
carrier providing transportation subject to the jurisdiction of 
the Panel under this part to pay damages only when the 
proceeding is on complaint. The person for whose benefit an 
order of the Panel requiring the payment of money is made may 
bring a civil action to enforce that order under this paragraph 
if the rail carrier does not pay the amount awarded by the date 
payment was ordered to be made.
  (d)(1) When a person begins a civil action under subsection 
(b) of this section to enforce an order of the Panel requiring 
the payment of damages by a rail carrier providing 
transportation subject to the jurisdiction of the Panel under 
this part, the text of the order of the Panel must be included 
in the complaint. In addition to the district courts of the 
United States, a State court of general jurisdiction having 
jurisdiction of the parties has jurisdiction to enforce an 
order under this paragraph. The findings and order of the Panel 
are competent evidence of the facts stated in them. Trial in a 
civil action brought in a district court of the United States 
under this paragraph is in the judicial district--
          (A) in which the plaintiff resides;
          (B) in which the principal operating office of the 
        rail carrier is located; or
          (C) through which the railroad line of that carrier 
        runs.
In a civil action under this paragraph, the plaintiff is liable 
for only those costs that accrue on an appeal taken by the 
plaintiff.
  (2) All parties in whose favor the award was made may be 
joined as plaintiffs in a civil action brought in a district 
court of the United States under this subsection and all the 
rail carriers that are parties to the order awarding damages 
may be joined as defendants. Trial in the action is in the 
judicial district in which any one of the plaintiffs could 
bring the action against any one of the defendants. Process may 
be served on a defendant at its principal operating office when 
that defendant is not in the district in which the action is 
brought. A judgment ordering recovery may be made in favor of 
any of those plaintiffs against the defendant found to be 
liable to that plaintiff.
  (3) The district court shall award a reasonable attorney's 
fee as a part of the damages for which a rail carrier is found 
liable under this subsection. The district court shall tax and 
collect that fee as a part of the costs of the action.

Sec. 11505. Limitation on actions by and against rail carriers

  (a) A rail carrier providing transportation or service 
subject to the jurisdiction of the Panel under this part must 
begin a civil action to recover charges for transportation or 
service provided by the carrier within 3 years after the claim 
accrues.
  (b) A person must file a complaint with the Panel to recover 
damages under section 11504(b) of this title within 2 years 
after the claim accrues.
  (c) The limitation period under subsection (b) of this 
section is extended for 6 months from the time written notice 
is given to the claimant by the rail carrier of disallowance of 
any part of the claim specified in the notice if a written 
claim is given to the rail carrier within that limitation 
period. The limitation period under subsection (b) of this 
section is extended for 90 days from the time the rail carrier 
begins a civil action under subsection (a) of this section to 
recover charges related to the same transportation or service, 
or collects (without beginning a civil action under that 
subsection) the charge for that transportation or service if 
that action is begun or collection is made within the 
appropriate period.
  (d) A person must begin a civil action to enforce an order of 
the Panel against a rail carrier for the payment of money 
within one year after the date the order required the money to 
be paid.
  (e) This section applies to transportation for the United 
States Government. The time limitations under this section are 
extended, as related to transportation for or on behalf of the 
United States Government, for 3 years from the date of--
          (1) payment of the rate for the transportation or 
        service involved;
          (2) subsequent refund for overpayment of that rate; 
        or
          (3) deduction made under section 3726 of title 31, 
        whichever is later.
  (f) A claim related to a shipment of property accrues under 
this section on delivery or tender of delivery by the rail 
carrier.

Sec. 11506. Liability of rail carriers under receipts and bills of 
                    lading

  (a) A rail carrier providing transportation or service 
subject to the jurisdiction of the Panel under this part shall 
issue a receipt or bill of lading for property it receives for 
transportation under this part. That rail carrier and any other 
rail carrier that delivers the property and is providing 
transportation or service subject to the jurisdiction of the 
Panel under this part are liable to the person entitled to 
recover under the receipt or bill of lading. The liability 
imposed under this subsection is for the actual loss or injury 
to the property caused by--
          (1) the receiving rail carrier;
          (2) the delivering rail carrier; or
          (3) another rail carrier over whose line or route the 
        property is transported in the United States or from a 
        place in the United States to a place in an adjacent 
        foreign country when transported under a through bill 
        of lading.
Failure to issue a receipt or bill of lading does not affect 
the liability of a rail carrier. A delivering rail carrier is 
deemed to be the rail carrier performing the line-haul 
transportation nearest the destination but does not include a 
rail carrier providing only a switching service at the 
destination.
  (b) The rail carrier issuing the receipt or bill of lading 
under subsection (a) of this section or delivering the property 
for which the receipt or bill of lading was issued is entitled 
to recover from the rail carrier over whose line or route the 
loss or injury occurred the amount required to be paid to the 
owners of the property, as evidenced by a receipt, judgment, or 
transcript, and the amount of its expenses reasonably incurred 
in defending a civil action brought by that person.
  (c)(1) A rail carrier may not limit or be exempt from 
liability imposed under subsection (a) of this section except 
as provided in this subsection. A limitation of liability or of 
the amount of recovery or representation or agreement in a 
receipt, bill of lading, contract, or rule in violation of this 
section is void.
  (2) A rail carrier of passengers may limit its liability 
under its passenger rate for loss or injury of baggage carried 
on trains carrying passengers.
  (3) A rail carrier providing transportation or service 
subject to the jurisdiction of the Panel under this part may 
establish rates for transportation of property under which--
          (A) the liability of the rail carrier for such 
        property is limited to a value established by written 
        declaration of the shipper or by a written agreement 
        between the shipper and the carrier; or
          (B) specified amounts are deducted, pursuant to a 
        written agreement between the shipper and the carrier, 
        from any claim against the carrier with respect to the 
        transportation of such property.
  (d)(1) A civil action under this section may be brought in a 
district court of the United States or in a State court.
  (2)(A) A civil action under this section may only be 
brought--
          (i) against the originating rail carrier, in the 
        judicial district in which the point of origin is 
        located;
          (ii) against the delivering rail carrier, in the 
        judicial district in which the principal place of 
        business of the person bringing the action is located 
        if the delivering carrier operates a railroad or a 
        route through such judicial district, or in the 
        judicial district in which the point of destination is 
        located; and
          (iii) against the carrier alleged to have caused the 
        loss or damage, in the judicial district in which such 
        loss or damage is alleged to have occurred.
  (B) In this section, ``judicial district'' means (i) in the 
case of a United States district court, a judicial district of 
the United States, and (ii) in the case of a State court, the 
applicable geographic area over which such court exercises 
jurisdiction.
  (e) A rail carrier may not provide by rule, contract, or 
otherwise, a period of less than 9 months for filing a claim 
against it under this section and a period of less than 2 years 
for bringing a civil action against it under this section. The 
period for bringing a civil action is computed from the date 
the carrier gives a person written notice that the carrier has 
disallowed any part of the claim specified in the notice. For 
the purposes of this subsection--
          (1) an offer of compromise shall not constitute a 
        disallowance of any part of the claim unless the 
        carrier, in writing, informs the claimant that such 
        part of the claim is disallowed and provides reasons 
        for such disallowance; and
          (2) communications received from a carrier's insurer 
        shall not constitute a disallowance of any part of the 
        claim unless the insurer, in writing, informs the 
        claimant that such part of the claim is disallowed, 
        provides reasons for such disallowance, and informs the 
        claimant that the insurer is acting on behalf of the 
        carrier.

               CHAPTER 117--CIVIL AND CRIMINAL PENALTIES

Sec.
11701. General civil penalties.
11702. Interference with railroad car supply.
11703. Record keeping and reporting violations.
11704. Unlawful disclosure of information.
11705. Disobedience to subpoenas.
11706. General criminal penalty when specific penalty not provided.
11707. Punishment of corporation for violations committed by certain 
          individuals.

Sec. 11701. General civil penalties

  (a) Except as otherwise provided in this section, a rail 
carrier providing transportation subject to the jurisdiction of 
the Panel under this part, an officer or agent of that rail 
carrier, or a receiver, trustee, lessee, or agent of one of 
them, knowingly violating an order of the Panel under this part 
is liable to the United States Government for a civil penalty 
of $5,000 for each violation. Liability under this subsection 
is incurred for each distinct violation. A separate violation 
occurs for each day the violation continues.
  (b) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part, or a receiver or 
trustee of that rail carrier, violating a regulation or order 
of the Panel under section 10924(a)(2) or (b) of this title is 
liable to the United States Government for a civil penalty of 
$500 for each violation and for $25 for each day the violation 
continues.
  (c) A person knowingly authorizing, consenting to, or 
permitting a violation of sections 10701 through 10706 of this 
title or of a requirement or a regulation under any of those 
sections, is liable to the United States Government for a civil 
penalty of not more than $5,000.
  (d) A rail carrier, receiver, or operating trustee violating 
an order or direction of the Panel under section 10923 or 
10924(a)(1) of this title is liable to the United States 
Government for a civil penalty of at least $100 but not more 
than $500 for each violation and for $50 for each day the 
violation continues.
  (e)(1) A person required under subchapter III of chapter 109 
of this title to make, prepare, preserve, or submit to the 
Panel a record concerning transportation subject to the 
jurisdiction of the Panel under this part that does not make, 
prepare, preserve, or submit that record as required under that 
subchapter, is liable to the United States Government for a 
civil penalty of $500 for each violation.
  (2) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part, and a lessor, 
receiver, or trustee of that rail carrier, violating section 
10944(b)(1) of this title, is liable to the United States 
Government for a civil penalty of $100 for each violation.
  (3) A rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part, a lessor, receiver, 
or trustee of that rail carrier, a person furnishing cars, and 
an officer, agent, or employee of one of them, required to make 
a report to the Panel or answer a question that does not make 
the report or does not specifically, completely, and truthfully 
answer the question, is liable to the United States Government 
for a civil penalty of $100 for each violation.
  (4) A separate violation occurs for each day violation under 
this subsection continues.
  (f) Trial in a civil action under subsections (a) through (e) 
of this section is in the judicial district in which the rail 
carrier has its principal operating office or in a district 
through which the railroad of the rail carrier runs.

Sec. 11702. Interference with railroad car supply

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

Sec. 11703. Record keeping and reporting violations

  A person required to make a report to the Panel, or make, 
prepare, or preserve a record, under subchapter III of chapter 
109 of this title about transportation subject to the 
jurisdiction of the Panel under this part that knowingly and 
willfully--
          (1) makes a false entry in the report or record;
          (2) destroys, mutilates, changes, or by another means 
        falsifies the record;
          (3) does not enter business related facts and 
        transactions in the record;
          (4) makes, prepares, or preserves the record in 
        violation of a regulation or order of the Panel; or
          (5) files a false report or record with the Panel,
shall be fined not more than $5,000, imprisoned for not more 
than 2 years, or both.

Sec. 11704. Unlawful disclosure of information

  (a) A--
          (1) rail carrier providing transportation subject to 
        the jurisdiction of the Panel under this part, or an 
        officer, agent, or employee of that rail carrier, or 
        another person authorized to receive information from 
        that rail carrier, that knowingly discloses to another 
        person, except the shipper or consignee; or
          (2) a person who solicits or knowingly receives,
information described in subsection (b) without the consent of 
the shipper or consignee shall be fined not more than $1,000.
  (b) The information referred to in subsection (a) is 
information about the nature, kind, quantity, destination, 
consignee, or routing of property tendered or delivered to that 
rail carrier for transportation provided under this part, or 
information about the contents of a contract authorized under 
section 10509 of this title, that may be used to the detriment 
of the shipper or consignee or may disclose improperly, to a 
competitor, the business transactions of the shipper or 
consignee.
  (c) This part does not prevent a rail carrier or broker 
providing transportation subject to the jurisdiction of the 
Panel under this part from giving information--
          (1) in response to legal process issued under 
        authority of a court of the United States or a State;
          (2) to an officer, employee, or agent of the United 
        States Government, a State, or a territory or 
        possession of the United States; or
          (3) to another rail carrier or its agent to adjust 
        mutual traffic accounts in the ordinary course of 
        business.
  (d) An employee of the Panel delegated to make an inspection 
or examination under section 10944 of this title who knowingly 
discloses information acquired during that inspection or 
examination, except as directed by the Panel, a court, or a 
judge of that court, shall be fined not more than $500, 
imprisoned for not more than 6 months, or both.
  (e) A person that knowingly discloses confidential data made 
available to such person under section 10963 of this title by a 
rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part shall be fined not 
more than $50,000.

Sec. 11705. Disobedience to subpoenas

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

Sec. 11706. General criminal penalty when specific penalty not provided

  When another criminal penalty is not provided under this 
chapter, a rail carrier providing transportation subject to the 
jurisdiction of the Panel under this part, and when that rail 
carrier is a corporation, a director or officer of the 
corporation, or a receiver, trustee, lessee, or person acting 
for or employed by the corporation that, alone or with another 
person, willfully violates this part or an order prescribed 
under this part, shall be fined not more than $5,000. However, 
if the violation is for discrimination in rates charged for 
transportation, the person may be imprisoned for not more than 
2 years in addition to being fined under this section. A 
separate violation occurs each day a violation of section 11122 
of this title continues.

Sec. 11707. Punishment of corporation for violations committed by 
                    certain individuals

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

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

                    CHAPTER 131--GENERAL PROVISIONS

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

Sec. 13101. Transportation policy

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

Sec. 13102. Definitions

  In this part, the following definitions shall apply:
          (1) Broker.--The term ``broker'' means a person, 
        other than a motor carrier or an employee or agent of a 
        motor carrier, that as a principal or agent sells, 
        offers for sale, negotiates for, or holds itself out by 
        solicitation, advertisement, or otherwise as selling, 
        providing, or arranging for, transportation by motor 
        carrier for compensation.
          (2) Carrier.--The term ``carrier'' means a motor 
        carrier, a water carrier, and a freight forwarder, and, 
        for purposes of sections 13902, 13905, and 13906, the 
        term includes foreign motor carriers and foreign motor 
        private carriers.
          (3) Contract carriage.--The term ``contract 
        carriage'' means--
                  (A) for transportation provided before the 
                effective date of this section, service 
                provided pursuant to a permit issued under 
                section 10923, as in effect on the day before 
                the effective date of this section; and
                  (B) for transportation provided on or after 
                such date, service provided under an agreement 
                entered into under section 14101(b).
          (4) Control.--The term ``control'', when referring to 
        a relationship between persons, includes actual 
        control, legal control, and the power to exercise 
        control, through or by--
                  (A) common directors, officers, stockholders, 
                a voting trust, or a holding or investment 
                company, or
                  (B) any other means.
          (5) Foreign motor carrier.--The term ``foreign motor 
        carrier'' means a person (including a motor carrier of 
        property but excluding a motor private carrier)--
                  (A)(i) that is domiciled in a contiguous 
                foreign country; or
                  (ii) that is owned or controlled by persons 
                of a contiguous foreign country; and
                  (B) in the case of a person that is not a 
                motor carrier of property, that provides 
                interstate transportation of property by motor 
                vehicle under an agreement or contract entered 
                into with a motor carrier of property (other 
                than a motor private carrier or a motor carrier 
                of property described in subparagraph (A)).
          (6) Foreign motor private carrier.--The term 
        ``foreign motor private carrier'' means a person 
        (including a motor private carrier but excluding a 
        motor carrier of property)--
                  (A)(i) that is domiciled in a contiguous 
                foreign country; or
                  (ii) that is owned or controlled by persons 
                of a contiguous foreign country; and
                  (B) in the case of a person that is not a 
                motor private carrier, that provides interstate 
                transportation of property by motor vehicle 
                under an agreement or contract entered into 
                with a person (other than a motor carrier of 
                property or a motor private carrier described 
                in subparagraph (A)).
          (7) Freight forwarder.--The term ``freight 
        forwarder'' means a person holding itself out to the 
        general public (other than as a pipeline, rail, motor, 
        or water carrier) to provide transportation of property 
        for compensation and in the ordinary course of its 
        business--
                  (A) assembles and consolidates, or provides 
                for assembling and consolidating, shipments and 
                performs or provides for break-bulk and 
                distribution operations of the shipments;
                  (B) assumes responsibility for the 
                transportation from the place of receipt to the 
                place of destination; and
                  (C) uses for any part of the transportation a 
                carrier subject to jurisdiction under this 
                part.
        The term does not include a person using transportation 
        of an air carrier subject to part A of subtitle VII.
          (8) Highway.--The term ``highway'' means a road, 
        highway, street, and way in a State.
          (9) Household goods.--The term ``household goods'', 
        as used in connection with transportation, means 
        personal effects and property used or to be used in a 
        dwelling, when a part of the equipment or supply of 
        such dwelling, and similar property if the 
        transportation of such effects or property is--
                  (A) arranged and paid for by the householder, 
                including transportation of property from a 
                factory or store when the property is purchased 
                by the householder with intent to use in his or 
                her dwelling, or
                  (B) arranged and paid for by another party.
          (10) Household goods freight forwarder.--The term 
        ``household goods freight forwarder'' means a freight 
        forwarder of one or more of the following items: 
        household goods, unaccompanied baggage, or used 
        automobiles.
          (11) Motor carrier.--The term ``motor carrier'' means 
        a person providing motor vehicle transportation for 
        compensation.
          (12) Motor private carrier.--The term ``motor private 
        carrier'' means a person, other than a motor carrier, 
        transporting property by motor vehicle when--
                  (A) the transportation is as provided in 
                section 13501 of this title;
                  (B) the person is the owner, lessee, or 
                bailee of the property being transported; and
                  (C) the property is being transported for 
                sale, lease, rent, or bailment or to further a 
                commercial enterprise.
          (13) Motor vehicle.--The term ``motor vehicle'' means 
        a vehicle, machine, tractor, trailer, or semitrailer 
        propelled or drawn by mechanical power and used on a 
        highway in transportation, or a combination determined 
        by the Secretary, but does not include a vehicle, 
        locomotive, or car operated only on a rail, or a 
        trolley bus operated by electric power from a fixed 
        overhead wire, and providing local passenger 
        transportation similar to street-railway service.
          (14) Noncontiguous domestic trade.--The term 
        ``noncontiguous domestic trade'' means transportation 
        subject to jurisdiction under chapter 135 involving 
        traffic originating in or destined to Alaska, Hawaii, 
        or a territory or possession of the United States.
          (15) Panel.--The term ``Panel'' means the 
        Transportation Adjudication Panel.
          (16) Person.--The term ``person'', in addition to its 
        meaning under section 1 of title 1, includes a trustee, 
        receiver, assignee, or personal representative of a 
        person.
          (17) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
          (18) State.--The term ``State'' means the 50 States 
        of the United States and the District of Columbia.
          (19) Transportation.--The term ``transportation'' 
        includes--
                  (A) a motor vehicle, vessel, warehouse, 
                wharf, pier, dock, yard, property, facility, 
                instrumentality, or equipment of any kind 
                related to the movement of passengers or 
                property, or both, regardless of ownership or 
                an agreement concerning use; and
                  (B) services related to that movement, 
                including receipt, delivery, elevation, 
                transfer in transit, refrigeration, icing, 
                ventilation, storage, handling, and interchange 
                of passengers and property.
          (20) United states.--The term ``United States'' means 
        the States of the United States and the District of 
        Columbia.
          (21) Vessel.--The term ``vessel'' means a watercraft 
        or other artificial contrivance that is used, is 
        capable of being used, or is intended to be used, as a 
        means of transportation by water.
          (22) Water carrier.--The term ``water carrier'' means 
        a person providing water transportation for 
        compensation.

Sec. 13103. Remedies as cumulative

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

                 CHAPTER 133--ADMINISTRATIVE PROVISIONS

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

Sec. 13301. Powers

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

Sec. 13302. Intervention

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

Sec. 13303. Service of notice in proceedings

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

Sec. 13304. Service of process in court proceedings

  (a) Designation of Agent.--A motor carrier or broker 
providing transportation subject to jurisdiction under chapter 
135 of this title, including a motor carrier or broker 
operating within the United States while providing 
transportation between places in a foreign country or between a 
place in one foreign country and a place in another foreign 
country, shall designate an agent in each State in which it 
operates by name and post office address on whom process issued 
by a court with subject matter jurisdiction may be served in an 
action brought against that carrier or broker. The designation 
shall be in writing and filed with the Department of 
Transportation. If a designation under this subsection is not 
made, service may be made on any agent of the carrier or broker 
within that State.
  (b) Change.--A designation under this section may be changed 
at any time in the same manner as originally made.

                       CHAPTER 135--JURISDICTION

               SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

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

               SUBCHAPTER II--WATER CARRIER TRANSPORTATION

13521. General jurisdiction.

                SUBCHAPTER III--FREIGHT FORWARDER SERVICE

13531. General jurisdiction.

                   SUBCHAPTER IV--AUTHORITY TO EXEMPT

13541. Authority to exempt transportation or services.

               SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

Sec. 13501. General jurisdiction

  The Secretary and the Panel shall have jurisdiction, as 
specified in this part, over transportation by motor carrier 
and the procurement of that transportation, to the extent that 
passengers, property, or both, are transported by motor 
carrier--
          (1) between a place in--
                  (A) a State and a place in another State;
                  (B) a State and another place in the same 
                State through another State;
                  (C) the United States and a place in a 
                territory or possession of the United States to 
                the extent the transportation is in the United 
                States;
                  (D) the United States and another place in 
                the United States through a foreign country to 
                the extent the transportation is in the United 
                States; or
                  (E) the United States and a place in a 
                foreign country to the extent the 
                transportation is in the United States; and
          (2) in a reservation under the exclusive jurisdiction 
        of the United States or on a public highway.

Sec. 13502. Exempt transportation between Alaska and other States

  To the extent that transportation by a motor carrier between 
a place in Alaska and a place in another State under section 
13501 is provided in a foreign country--
          (1) neither the Secretary nor the Panel has 
        jurisdiction to impose a requirement over conduct of 
        the motor carrier in the foreign country conflicting 
        with a requirement of that country; but
          (2) the motor carrier, as a condition of providing 
        transportation in the United States, shall comply, with 
        respect to all transportation provided between Alaska 
        and the other State, with the requirements of this part 
        related to rates and practices applicable to the 
        transportation.

Sec. 13503. Exempt motor vehicle transportation in terminal areas

  (a) Transportation by Carriers.--
          (1) In general.--Neither the Secretary nor the Panel 
        has jurisdiction under this subchapter over 
        transportation by motor vehicle provided in a terminal 
        area when the transportation--
                  (A) is a transfer, collection, or delivery;
                  (B) is provided by--
                          (i) a rail carrier subject to 
                        jurisdiction under chapter 105;
                          (ii) a water carrier subject to 
                        jurisdiction under subchapter II of 
                        this chapter; or
                          (iii) a freight forwarder subject to 
                        jurisdiction under subchapter III of 
                        this chapter; and
                  (C) is incidental to transportation or 
                service provided by the carrier or freight 
                forwarder that is subject to jurisdiction under 
                chapter 105 of this title or under subchapter 
                II or III of this chapter.
          (2) Applicability of other provisions.--
        Transportation exempt from jurisdiction under paragraph 
        (1) of this subsection is subject to jurisdiction under 
        chapter 105 when provided by such a rail carrier, under 
        subchapter II of this chapter when provided by such a 
        water carrier, and under subchapter III of this chapter 
        when provided by such a freight forwarder.
  (b) Transportation by Agent.--
          (1) In general.--Except to the extent provided by 
        paragraph (2) of this subsection, neither the Secretary 
        nor the Panel has jurisdiction under this subchapter 
        over transportation by motor vehicle provided in a 
        terminal area when the transportation--
                  (A) is a transfer, collection, or delivery; 
                and
                  (B) is provided by a person as an agent or 
                under other arrangement for--
                          (i) a rail carrier subject to 
                        jurisdiction under chapter 105 of this 
                        title;
                          (ii) a motor carrier subject to 
                        jurisdiction under this subchapter;
                          (iii) a water carrier subject to 
                        jurisdiction under subchapter II of 
                        this chapter; or
                          (iv) a freight forwarder subject to 
                        jurisdiction under subchapter III of 
                        this chapter.
          (2) Treatment of transportation by principal.--
        Transportation exempt from jurisdiction under paragraph 
        (1) of this subsection is considered transportation 
        provided by the carrier or service provided by the 
        freight forwarder for whom the transportation was 
        provided and is subject to jurisdiction under chapter 
        105 of this title when provided for such a rail 
        carrier, under this subchapter when provided for such a 
        motor carrier, under subchapter II of this chapter when 
        provided for such a water carrier, and under subchapter 
        III of this chapter when provided for such a freight 
        forwarder.

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

  Neither the Secretary nor the Panel has jurisdiction under 
this subchapter over transportation, except transportation of 
household goods, by a motor carrier operating solely within the 
State of Hawaii. The State of Hawaii may regulate 
transportation exempt from jurisdiction under this section and, 
to the extent provided by a motor carrier operating solely 
within the State of Hawaii, transportation exempt under section 
13503 of this title.

Sec. 13505. Transportation furthering a primary business

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

Sec. 13506. Miscellaneous motor carrier transportation exemptions

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

Sec. 13507. Mixed loads of regulated and unregulated property

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

Sec. 13508. Limited authority over cooperative associations

  (a) In General.--Notwithstanding section 13506(a)(5), any 
cooperative association (as defined by section 15(a) of the 
Agricultural Marketing Act (12 U.S.C. 1141j(a))) or a 
federation of cooperative associations shall prepare and 
maintain such records relating to transportation provided by 
such association or federation, in such form as the Secretary 
or the Panel may require by regulation to carry out the 
provisions of such section 13506(a)(5). The Secretary or the 
Panel, or an employee designated by the Secretary or the Panel, 
may on demand and display of proper credentials--
          (1) inspect and examine the lands, buildings, and 
        equipment of such association or federation; and
          (2) inspect and copy any record of such association 
        or federation.
  (b) Reports.--Notwithstanding section 13506(a)(5), the 
Secretary or the Panel may require a cooperative association or 
federation of cooperative associations described in subsection 
(a) of this section to file reports with the Secretary or the 
Panel containing answers to questions about transportation 
provided by such association or federation.
  (c) Enforcement.--The Secretary or the Panel may bring a 
civil action to enforce subsections (a) and (b) of this section 
or a regulation or order of the Secretary or the Panel issued 
under this section, when violated by a cooperative association 
or federation of cooperative associations described in 
subsection (a).
  (d) Reporting Penalties.--
          (1) In general.--A person required to make a report 
        to the Secretary or the Panel, answer a question, or 
        maintain a record under this section, or an officer, 
        agent, or employee of that person, that--
                  (A) does not make the report;
                  (B) does not specifically, completely, and 
                truthfully answer the question; or
                  (C) does not maintain the record in the form 
                and manner prescribed under this section;
        is liable to the United States Government for a civil 
        penalty of not more than $500 for each violation and 
        for not more than $250 for each additional day the 
        violation continues.
          (2) Venue.--Trial in a civil action under paragraph 
        (1) shall be in the judicial district in which--
                  (A) the cooperative association or federation 
                of cooperative associations has its principal 
                office;
                  (B) the violation occurred; or
                  (C) the offender is found.
        Process in the action may be served in the judicial 
        district of which the offender is an inhabitant or in 
        which the offender may be found.
  (e) Evasion Penalties.--A person, or an officer, employee, or 
agent of that person, that by any means knowingly and willfully 
tries to evade compliance with the provisions of this section 
shall be fined at least $200 but not more than $500 for the 
first violation and at least $250 but not more than $2,000 for 
a subsequent violation.
  (f) Recordkeeping Penalties.--A person required to make a 
report, answer a question, or maintain a record under this 
section, or an officer, agent, or employee of that person, 
that--
          (1) willfully does not make that report;
          (2) willfully does not specifically, completely, and 
        truthfully answer that question in 30 days from the 
        date that the question is required to be answered;
          (3) willfully does not maintain that record in the 
        form and manner prescribed;
          (4) knowingly and willfully falsifies, destroys, 
        mutilates, or changes that report or record;
          (5) knowingly and willfully files a false report or 
        record under this section;
          (6) knowingly and willfully makes a false or 
        incomplete entry in that record about a business-
        related fact or transaction; or
          (7) knowingly and willfully maintains a record in 
        violation of a regulation or order issued under this 
        section;
shall be fined not more than $5,000.

              SUBCHAPTER II--WATER CARRIER TRANSPORTATION

Sec. 13521. General jurisdiction

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

               SUBCHAPTER III--FREIGHT FORWARDER SERVICE

Sec. 13531. General jurisdiction

  (a) In General.--The Secretary and the Panel have 
jurisdiction, as specified in this part, over service that a 
freight forwarder undertakes to provide, or is authorized or 
required under this part to provide, to the extent 
transportation is provided in the United States and is 
between--
          (1) a place in a State and a place in another State, 
        even if part of the transportation is outside the 
        United States;
          (2) a place in a State and another place in the same 
        State through a place outside the State; or
          (3) a place in the United States and a place outside 
        the United States.
  (b) Exemption of Certain Air Carrier Service.--Neither the 
Secretary nor the Panel has jurisdiction under subsection (a) 
of this section over service undertaken by a freight forwarder 
using transportation of an air carrier subject to part A of 
subtitle VII of this title.

                   SUBCHAPTER IV--AUTHORITY TO EXEMPT

Sec. 13541. Authority to exempt transportation or services

  (a) In General.--In any matter subject to jurisdiction under 
this part, the Secretary or the Panel, as applicable, shall 
exempt a person, class of persons, or a transaction or service 
from the application of a provision of this part, or use this 
exemption authority to modify the application of a provision of 
this part as it applies to such person, class, transaction, or 
service, when the Secretary or Panel finds that the application 
of that provision in whole or in part--
          (1) is not necessary to carry out the transportation 
        policy of section 13101;
          (2) is not needed to protect shippers from the abuse 
        of market power or that the transaction or service is 
        of limited scope; and
          (3) is in the public interest.
  (b) Initiation of Proceeding.--The Secretary or Panel, as 
applicable, may, where appropriate, begin a proceeding under 
this section on the Secretary's or Panel's own initiative or on 
application by an interested party.
  (c) Period of Exemption.--The Secretary or Panel, as 
applicable, may specify the period of time during which an 
exemption granted under this section is effective.
  (d) Revocation.--The Secretary or Panel, as applicable, may 
revoke an exemption, to the extent specified, on finding that 
application of a provision of this part to the person, class, 
or transportation is necessary to carry out the transportation 
policy of section 13101.
  (e) Limitations.--The exemption authority under this section 
may not be used to relieve a person from the application of, 
and compliance with, any law, rule, regulation, standard, or 
order pertaining to cargo loss and damage, insurance, safety 
fitness, or activities approved under section 13703 or not 
terminated under section 13907(d)(2).

                 CHAPTER 137--RATES AND THROUGH ROUTES

Sec.
13701. Requirements for reasonable rates, classifications, through 
          routes, rules, and practices for certain transportation.
13702. Tariff requirement for certain transportation.
13703. Certain collective activities; exemption from antitrust laws.
13704. Household goods rates--estimates; guarantees of service.
13705. Requirements for through routes among motor carriers of 
          passengers.
13706. Liability for payment of rates.
13707. Billing and collecting practices. .
13708. Procedures for resolving claims involving unfiled, negotiated 
          transportation rates.
13709. Additional motor carrier undercharge provisions.
13710. Alternative procedure for resolving undercharge disputes.
13711. Government traffic.
13712. Food and grocery transportation.

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

  (a) Reasonableness.--
          (1) Certain household goods transportation; joint 
        rates involving water transportation.--A rate, 
        classification, rule, or practice related to 
        transportation or service provided by a carrier subject 
        to jurisdiction under chapter 135 for transportation or 
        service involving--
                  (A) a movement of household goods described 
                in section 13102(9)(A), or
                  (B) a rate for a movement by or with a water 
                carrier in noncontiguous domestic trade,
        must be reasonable.
          (2) Through routes and divisions of joint rates.--
        Through routes and divisions of joint rates for such 
        transportation or service must be reasonable.
  (b) Prescription by Panel for Violations.--When the Panel 
finds it necessary to stop or prevent a violation of subsection 
(a), the Panel shall prescribe the rate, classification, rule, 
practice, through route, or division of joint rates to be 
applied for such transportation or service.
  (c) Zone of Reasonableness.--
          (1) In general.--For purposes of this section, a rate 
        or division of a carrier for service in noncontiguous 
        domestic trade is reasonable if the aggregate of 
        increases and decreases in any such rate or division is 
        not more than 10 percent above, or more than 10 percent 
        below, the rate or division in effect 1 year before the 
        effective date of the proposed rate or division.
          (2) Adjustments to the zone.--The percentage 
        specified in paragraph (1) shall be increased or 
        decreased, as the case may be, by the percentage change 
        in the Producers Price Index, as published by the 
        Department of Labor, that has occurred during the most 
        recent 1-year period before the date the rate or 
        division in question first took effect.

Sec. 13702. Tariff requirement for certain transportation

  (a) In General.--A carrier subject to jurisdiction under 
chapter 135 may provide transportation or service that is--
          (1) in noncontiguous domestic trade, except with 
        regard to bulk cargo, forest products, recycled metal 
        scrap, waste paper, and paper waste; or
          (2) for movement of household goods described in 
        section 13102(9)(A);
only if the rate for such transportation or service is 
contained in a tariff that is in effect under this section. The 
carrier may not charge or receive a different compensation for 
the transportation or service than the rate specified in the 
tariff, whether by returning a part of that rate to a person, 
giving a person a privilege, allowing the use of a facility 
that affects the value of that transportation or service, or 
another device. A rate contained in a tariff shall be stated in 
money of the United States.
  (b) Tariff Requirements for Noncontiguous Domestic Trade.--
          (1) Filing.--A carrier providing transportation or 
        service described in subsection (a)(1) shall publish 
        and file with the Panel tariffs containing the rates 
        established for such transportation or service. The 
        carriers shall keep such tariffs available for public 
        inspection. The Panel shall prescribe the form and 
        manner of publishing, filing, and keeping tariffs 
        available for public inspection under this subsection.
          (2) Contents.--The Panel may prescribe any specific 
        information and charges to be identified in a tariff, 
        but at a minimum tariffs must identify plainly--
                  (A) the carriers that are parties to it;
                  (B) the places between which property will be 
                transported;
                  (C) terminal charges if a carrier provides 
                transportation or service subject to 
                jurisdiction under subchapter III of chapter 
                135;
                  (D) privileges given and facilities allowed; 
                and
                  (E) any rules that change, affect, or 
                determine any part of the published rate.
          (3) Inland divisions.--A carrier providing 
        transportation or service described in subsection 
        (a)(1) under a joint rate for a through movement shall 
        not be required to state separately or otherwise reveal 
        in tariff filings the inland divisions of that through 
        rate.
          (4) Time-volume rates.--Rates in tariffs filed under 
        this subsection may vary with the volume of cargo 
        offered over a specified period of time.
          (5) Changes.--The Panel may permit carriers to change 
        rates, classifications, rules, and practices without 
        filing complete tariffs under this subsection that 
        cover matter that is not being changed when the Panel 
        finds that action to be consistent with the public 
        interest. Those carriers may either--
                  (A) publish new tariffs that incorporate 
                changes, or
                  (B) plainly indicate the proposed changes in 
                the tariffs then in effect and kept open for 
                public inspection.
  (c) Tariff Requirements for Household Goods Carriers.--
          (1) In general.--A carrier providing transportation 
        described in subsection (a)(2) shall maintain rates and 
        related rules and practices in a tariff. The tariff 
        must be submitted to the Panel for inspection and be 
        made available for inspection by shippers upon 
        reasonable request.
          (2) Notice of availability.--A carrier that maintains 
        a tariff under this subsection may not enforce the 
        provisions of the tariff unless the carrier has given 
        notice that the tariff is available for inspection in 
        its bill of lading or by other actual notice to 
        individuals whose shipments are subject to the tariff.
          (3) Requirements.--A carrier that maintains a tariff 
        under this subsection is bound by the tariff except as 
        otherwise provided in this part. A tariff that does not 
        comply with this subsection may not be enforced against 
        any individual shipper.
          (4) Incorporation by reference.--A carrier may 
        incorporate by reference the rates, terms, and other 
        conditions in a tariff in agreements covering the 
        transportation of households described in section 
        13908.102(9)(B).
          (5) Complaints.--A complaint that a rate or related 
        rule or practice maintained in a tariff under this 
        subsection violates section 13701(a) may be submitted 
        to the Panel for resolution.
  (d) Invalidation.--The Panel may invalidate a tariff prepared 
by a carrier or carriers under this section if that tariff 
violates this section or a regulation of the Panel carrying out 
this section.

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

  (a) Agreements.--
          (1) Authority to enter.--A motor carrier providing 
        transportation or service subject to jurisdiction under 
        chapter 135 may enter into an agreement with one or 
        more such carriers to establish--
                  (A) through routes and joint rates;
                  (B) rates for the transportation of household 
                goods described in section 13102(9)(A);
                  (C) classifications;
                  (D) mileage guides;
                  (E) rules;
                  (F) divisions;
                  (G) rate adjustments of general application 
                based on industry average carrier costs (so 
                long as there is no discussion of individual 
                markets or particular single-line rates); or
                  (H) procedures for joint consideration, 
                initiation, or establishment of matters 
                described in subparagraphs (A) through (G).
          (2) Submission of agreement to panel; approval.--An 
        agreement entered into under subsection (a) may be 
        submitted by any carrier or carriers that are parties 
        to such agreement to the Panel for approval and may be 
        approved by the Panel only if it finds that such 
        agreement is in the public interest.
          (3) Conditions.--The Panel may require compliance 
        with reasonable conditions consistent with this part to 
        assure that the agreement furthers the transportation 
        policy set forth in section 13101.
          (4) Investigations.--The Panel may suspend and 
        investigate the reasonableness of any classification or 
        rate adjustment of general application made pursuant to 
        an agreement under this section.
          (5) Effect of approval.--If the Panel approves the 
        agreement or renews approval of the agreement, it may 
        be made and carried out under its terms and under the 
        conditions required by the Panel, and the antitrust 
        laws, as defined in the first section of the Clayton 
        Act (15 U.S.C. 12), do not apply to parties and other 
        persons with respect to making or carrying out the 
        agreement.
  (b) Records.--The Panel may require an organization 
established or continued under an agreement approved under this 
section to maintain records and submit reports. The Panel, or 
its delegate, may inspect a record maintained under this 
section, or monitor any organization's compliance with this 
section.
  (c) Review.--The Panel may review an agreement approved under 
this section, on its own initiative or on request, and shall 
change the conditions of approval or terminate it when 
necessary to protect the public interest. Action of the Panel 
under this section--
          (1) approving an agreement,
          (2) denying, ending, or changing approval,
          (3) prescribing the conditions on which approval is 
        granted, or
          (4) changing those conditions,
has effect only as related to application of the antitrust laws 
referred to in subsection (a).
  (d) Expiration of Approvals; Renewals.--Subject to subsection 
(c), approval of an agreement under subsection (a) shall expire 
3 years after the date of approval unless renewed under this 
subsection. The approval may be renewed upon request of the 
parties to the agreement if such parties resubmit the agreement 
to the Panel, the agreement is unchanged, and the Panel 
approves such renewal. The Panel shall approve the renewal 
unless it finds that the renewal is not in the public interest.
  (e) Existing Agreements.--Agreements approved under former 
section 10706(b) and in effect on the day before the effective 
date of this section shall be treated for purposes of this 
section as approved by the Panel under this section beginning 
on such effective date.
  (f) Limitations on Statutory Construction.--
          (1) Undercharge claims.--Nothing in this section 
        shall serve as a basis for any undercharge claim.
          (2) Obligation of shipper.--Nothing in this title, 
        the ICC Termination Act of 1995, or any amendments or 
        repeals made by such Act shall be construed as creating 
        any obligation for a shipper based solely on a 
        classification that was on file with the Interstate 
        Commerce Commission or elsewhere on the day before the 
        effective date of this section.
  (g) Mileage Rate Limitation.--No carrier subject to 
jurisdiction under subchapter I or III of chapter 135 may 
enforce collection of its mileage rates unless such carrier--
          (1) uses an independent publication of mileage (other 
        than a publication referred to in paragraph (2)) which 
        can be examined by any interested person upon 
        reasonable request; or
          (2) is a participant in a publication of mileages 
        formulated under an agreement approved under this 
        section.
  (h) Single Line Rate Defined.--In this section, the term 
``single line rate'' means a rate, charge, or allowance 
proposed by a single motor carrier that is applicable only over 
its line and for which the transportation can be provided by 
that carrier.

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

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

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

  (a) Establishment; Reasonableness.--A motor carrier providing 
transportation of passengers subject to jurisdiction under 
subchapter I of chapter 135 shall establish through routes with 
other carriers of the same type and shall establish individual 
and joint rates applicable to them. Such through route must be 
reasonable.
  (b) Prescribed by Panel.--When the Panel finds it necessary 
to enforce the requirements of this section, the Panel may 
prescribe through routes and the conditions under which those 
routes must be operated for motor carriers providing 
transportation of passengers subject to jurisdiction under 
subchapter I of chapter 135.

Sec. 13706. Liability for payment of rates

  (a) Liability of Consignee.--Liability for payment of rates 
for transportation for a shipment of property by a shipper or 
consignor to a consignee other than the shipper or consignor, 
is determined under this section when the transportation is 
provided by motor carrier under this part. When the shipper or 
consignor instructs the carrier transporting the property to 
deliver it to a consignee that is an agent only, not having 
beneficial title to the property, the consignee is liable for 
rates billed at the time of delivery for which the consignee is 
otherwise liable, but not for additional rates that may be 
found to be due after delivery if the consignee gives written 
notice to the delivering carrier before delivery of the 
property--
          (1) of the agency and absence of beneficial title; 
        and
          (2) of the name and address of the beneficial owner 
        of the property if it is reconsigned or diverted to a 
        place other than the place specified in the original 
        bill of lading.
  (b) Liability of Beneficial Owner.--When the consignee is 
liable only for rates billed at the time of delivery under 
subsection (a), the shipper or consignor, or, if the property 
is reconsigned or diverted, the beneficial owner is liable for 
those additional rates regardless of the bill of the lading or 
contract under which the property was transported. The 
beneficial owner is liable for all rates when the property is 
reconsigned or diverted by an agent but is refused or abandoned 
at its ultimate destination if the agent gave the carrier in 
the reconsignment or diversion order a notice of agency and the 
name and address of the beneficial owner. A consignee giving 
the carrier erroneous information about the identity of the 
beneficial owner of the property is liable for the additional 
rates.

Sec. 13707. Billing and collecting practices

  (a) Timing.--A motor carrier subject to jurisdiction under 
subchapter I of chapter 135 shall disclose, when a document is 
presented or electronically transmitted for payment to the 
person responsible directly to the motor carrier for payment or 
agent of such responsible person, the actual rates, charges, or 
allowances for any transportation service.
  (b) False or Misleading Information.--No person may cause a 
motor carrier to present false or misleading information on a 
document about the actual rate, charge, or allowance to any 
party to the transaction.
  (c) Allowances for Services.--When the actual rate, charge, 
or allowance is dependent upon the performance of a service by 
a party to the transportation arrangement, such as tendering a 
volume of freight over a stated period of time, the motor 
carrier shall indicate in any document presented for payment to 
the person responsible directly to the motor carrier that a 
reduction, allowance, or other adjustment may apply.

Sec. 13708. Procedures for resolving claims involving unfiled, 
                    negotiated transportation rates

  (a) Transportation Provided Before Effective Date.--
          (1) In general.--When a claim is made by a motor 
        carrier of property (other than a household goods 
        carrier) providing transportation subject to 
        jurisdiction under subchapter II of chapter 105, as in 
        effect on the day before the effective date of this 
        section, by a freight forwarder (other than a household 
        goods freight forwarder), or by a party representing 
        such a carrier or freight forwarder regarding the 
        collection of rates or charges for such transportation 
        in addition to those originally billed and collected by 
        the carrier or freight forwarder for such 
        transportation, the person against whom the claim is 
        made may elect to satisfy the claim under the 
        provisions of subsection (b), (c), or (d), upon showing 
        that--
                  (A) the carrier or freight forwarder is no 
                longer transporting property or is transporting 
                property for the purpose of avoiding the 
                application of this section; and
                  (B) with respect to the claim--
                          (i) the person was offered a 
                        transportation rate by the carrier or 
                        freight forwarder other than that 
                        legally on file with the Interstate 
                        Commerce Commission for the 
                        transportation service;
                          (ii) the person tendered freight to 
                        the carrier or freight forwarder in 
                        reasonable reliance upon the offered 
                        transportation rate;
                          (iii) the carrier or freight 
                        forwarder did not properly or timely 
                        file with the Interstate Commerce 
                        Commission a tariff providing for such 
                        transportation rate or failed to enter 
                        into an agreement for contract 
                        carriage;
                          (iv) such transportation rate was 
                        billed and collected by the carrier or 
                        freight forwarder; and
                          (v) the carrier or freight forwarder 
                        demands additional payment of a higher 
                        rate filed in a tariff.
          (2) Forum for resolution of showings.--If there is a 
        dispute as to the showing under paragraph (1)(A), such 
        dispute shall be resolved by the court in which the 
        claim is brought. If there is a dispute as to the 
        showing under paragraph (1)(B), such dispute shall be 
        resolved by the Panel. Pending the resolution of any 
        such dispute, the person shall not have to pay any 
        additional compensation to the carrier or freight 
        forwarder.
          (3) Effect of satisfaction of claims under dispute 
        resolution procedure.--Satisfaction of a claim under 
        subsection (b), (c), or (d) shall be binding on the 
        parties, and the parties shall not be subject to 
        chapter 119, as in effect on the day before the 
        effective date of this section.
  (b) Claims Involving Shipments Weighing 10,000 Pounds or 
Less.--A person from whom the additional legally applicable and 
effective tariff rate or charges are sought may elect to 
satisfy the claim, if the shipments each weighed 10,000 pounds 
or less, by payment of 20 percent of the difference between the 
carrier's applicable and effective tariff rate and the rate 
originally billed and paid. In the event that a dispute arises 
as to the rate that was legally applicable to the shipment, 
such dispute shall be resolved by the Panel.
  (c) Claims Involving Shipments Weighing More Than 10,000 
Pounds.--A person from whom the additional legally applicable 
and effective tariff rate or charges are sought may elect to 
satisfy the claim, if the shipments each weighed more than 
10,000 pounds, by payment of 15 percent of the difference 
between the carrier's applicable and effective tariff rate and 
the rate originally billed and paid. In the event that a 
dispute arises as to the rate that was legally applicable to 
the shipment, such dispute shall be resolved by the Panel.
  (d) Claims Involving Public Warehousemen.--Notwithstanding 
subsections (b) and (c), a person from whom the additional 
legally applicable and effective tariff rate or charges are 
sought may elect to satisfy the claim by payment of 5 percent 
of the difference between the carrier's applicable and 
effective tariff rate and the rate originally billed and paid 
if such person is a public warehouseman. In the event that a 
dispute arises as to the rate that was legally applicable to 
the shipment, such dispute shall be resolved by the Panel.
  (e) Effects of Election.--When a person from whom additional 
legally applicable freight rates or charges are sought does not 
elect to use the provisions of subsections (b), (c) or (d), the 
person may pursue all rights and remedies existing under this 
title on the day before the effective date of this section.
  (f) Stay of Additional Compensation.--When a person proceeds 
under this section to challenge the reasonableness of the 
legally applicable freight rate or charges being claimed by a 
carrier or freight forwarder in addition to those already 
billed and collected, the person shall not have to pay any 
additional compensation to the carrier or freight forwarder 
until the Panel has made a determination as to the 
reasonableness of the challenged rate as applied to the freight 
of the person against whom the claim is made.
  (g) Notification of Election.--
          (1) General rule.--A person must notify the carrier 
        or freight forwarder as to its election to proceed 
        under subsection (b), (c), or (d). Except as provided 
        in paragraphs (2), (3), and (4), such election may be 
        made at any time.
          (2) Demands for payment initially made after december 
        3, 1993.--If the carrier or freight forwarder or party 
        representing such carrier or freight forwarder 
        initially demands the payment of additional freight 
        charges after December 3, 1993, and notifies the person 
        from whom additional freight charges are sought of the 
        provisions of subsections (a) through (f) at the time 
        of the making of such initial demand, the election must 
        be made not later than the later of--
                  (A) the 60th day following the filing of an 
                answer to a suit for the collection of such 
                additional legally applicable freight rate or 
                charges, or
                  (B) March 5, 1994.
          (3) Pending suits for collection made before december 
        4, 1993.--If the carrier or freight forwarder or party 
        representing such carrier or freight forwarder has 
        filed, before December 4, 1993, a suit for the 
        collection of additional freight charges and notifies 
        the person from whom additional freight charges are 
        sought of the provisions of subsections (a) through 
        (f), the election must be made not later than the 90th 
        day following the date on which such notification is 
        received.
          (4) Demands for payment made before december 4, 
        1993.--If the carrier or freight forwarder or party 
        representing such carrier or freight forwarder has 
        demanded the payment of additional freight charges, and 
        has not filed a suit for the collection of such 
        additional freight charges, before December 4, 1993, 
        and notifies the person from whom additional freight 
        charges are sought of the provisions of subsections (a) 
        through (f), the election must be made not later than 
        the later of--
                  (A) the 60th day following the filing of an 
                answer to a suit for the collection of such 
                additional legally applicable freight rate or 
                charges, or
                  (B) March 5, 1994.
  (h) Claims Involving Small-Business Concerns, Charitable 
Organizations, and Recyclable Materials.--
          (1) In general.--Notwithstanding subsections (b), 
        (c), and (d), a person from whom the additional legally 
        applicable and effective tariff rate or charges are 
        sought shall not be liable for the difference between 
        the carrier's applicable and effective tariff rate and 
        the rate originally billed and paid--
                  (A) if such person qualifies as a small-
                business concern under the Small Business Act 
                (15 U.S.C. 631 et seq.),
                  (B) if such person is an organization which 
                is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from 
                tax under section 501(a) of such Code, or
                  (C) if the cargo involved in the claim is 
                recyclable materials.
          (2) Recyclable materials defined.--In this 
        subsection, the term ``recyclable materials'' means 
        waste products for recycling or reuse in the 
        furtherance of recognized pollution control programs.

Sec. 13709. Additional motor carrier undercharge provisions

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

Sec. 13710. Alternative procedure for resolving undercharge disputes

  (a) General Rule.--It shall be an unreasonable practice for a 
motor carrier of property (other than a household goods 
carrier) providing transportation that was subject to 
jurisdiction under subchapter II of chapter 105 before the 
effective date of this section, a freight forwarder (other than 
a household goods freight forwarder), or a party representing 
such a carrier or freight forwarder to attempt to charge or to 
charge for a transportation service the difference between the 
applicable rate that was lawfully in effect pursuant to a 
tariff that was filed in accordance with chapter 107 of this 
title by the carrier or freight forwarder applicable to such 
transportation service and the negotiated rate for such 
transportation service if the carrier or freight forwarder is 
no longer transporting property between places described in 
section 13501(1) of this title or is transporting property 
between places described in section 13501(1) of this title for 
the purpose of avoiding application of this section.
  (b) Jurisdiction of Panel.--
          (1) Determination.--The Panel shall have jurisdiction 
        to make a determination of whether or not attempting to 
        charge or the charging of a rate by a motor carrier or 
        freight forwarder or party representing a motor carrier 
        or freight forwarder is an unreasonable practice under 
        subsection (a). If the Panel determines that attempting 
        to charge or the charging of the rate is an 
        unreasonable practice under subsection (a), the 
        carrier, freight forwarder, or party may not collect 
        the difference described in subsection (a) between the 
        applicable rate and the negotiated rate for the 
        transportation service.
          (2) Factors to consider.--In making a determination 
        under paragraph (1), the Panel shall consider--
                  (A) whether the person was offered a 
                transportation rate by the carrier or freight 
                forwarder or party other than that legally on 
                file with the Interstate Commerce Commission at 
                the time of the movement for the transportation 
                service;
                  (B) whether the person tendered freight to 
                the carrier or freight forwarder in reasonable 
                reliance upon the offered transportation rate;
                  (C) whether the carrier or freight forwarder 
                did not properly or timely file with the 
                Interstate Commerce Commission a tariff 
                providing for such transportation rate or 
                failed to enter into an agreement for contract 
                carriage;
                  (D) whether the transportation rate was 
                billed and collected by the carrier or freight 
                forwarder; and
                  (E) whether the carrier or freight forwarder 
                or party demands additional payment of a higher 
                rate filed in a tariff.
  (c) Stay of Additional Compensation.--When a person proceeds 
under this section to challenge the reasonableness of the 
practice of a motor carrier, freight forwarder, or party 
described in subsection (a) to attempt to charge or to charge 
the difference described in subsection (a) between the 
applicable rate and the negotiated rate for the transportation 
service in addition to those charges already billed and 
collected for the transportation service, the person shall not 
have to pay any additional compensation to the carrier, freight 
forwarder, or party until the Panel has made a determination as 
to the reasonableness of the practice as applied to the freight 
of the person against whom the claim is made.
  (d) Treatment.--Subsection (a) is an exception to the 
requirements of section 13702 and, for transportation provided 
before the effective date of this section, to the requirements 
of sections 10761(a) and 10762, relating to a filed tariff rate 
and other general tariff requirements, as in effect on the day 
before such effective date.
  (e) Nonapplicability of Negotiated Rate Dispute Resolution 
Procedure.--If a person elects to seek enforcement of 
subsection (a) with respect to a rate for a transportation or 
service, section 13708 shall not apply to such rate.
  (f) Definitions.--In this section, the term ``negotiated 
rate'' means a rate, charge, classification, or rule agreed 
upon by a motor carrier or freight forwarder and a shipper 
through negotiations pursuant to which no tariff was lawfully 
and timely filed and for which there is written evidence of 
such agreement.

Sec. 13711. Government traffic

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

Sec. 13712. Food and grocery transportation

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

                       CHAPTER 139--REGISTRATION

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

Sec. 13901. Requirement for registration

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

Sec. 13902. Registration of motor carriers

  (a) Motor Carrier Generally.--
          (1) In general.--Except as provided in this section, 
        the Secretary shall register a person to provide 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 of this title as a motor carrier if 
        the Secretary finds that the person is willing and able 
        to comply with--
                  (A) this part and the applicable regulations 
                of the Secretary and the Panel;
                  (B) any safety regulations imposed by the 
                Secretary and the safety fitness requirements 
                established by the Secretary under section 
                31144; and
                  (C) the minimum financial responsibility 
                requirements established by the Secretary 
                pursuant to sections 13906 and 31138.
          (2) Consideration of evidence; findings.--The 
        Secretary shall consider and, to the extent applicable, 
        make findings on, any evidence demonstrating that the 
        registrant is unable to comply with the requirements of 
        subparagraph (A), (B), or (C) of paragraph (1).
          (3) Withholding.--If the Secretary determines that 
        any registrant under this section does not meet the 
        requirements of paragraph (1), the Secretary shall 
        withhold registration.
          (4) Limitation on complaints.--The Secretary may hear 
        a complaint from any person concerning a registration 
        under this subsection only on the ground that the 
        registrant fails or will fail to comply with this part, 
        the applicable regulations of the Secretary and the 
        Panel, the safety regulations of the Secretary, or the 
        safety fitness or minimum financial responsibility 
        requirements of paragraph (1) of this subsection.
  (b) Motor Carriers of Passengers.--
          (1) Registration of private recipients of 
        governmental assistance.--The Secretary shall register 
        under subsection (a)(1) a private recipient of 
        governmental assistance to provide special or charter 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 as a motor carrier of passengers if 
        the Secretary finds that the recipient meets the 
        requirements of subsection (a)(1), unless the Secretary 
        finds, on the basis of evidence presented by any person 
        objecting to the registration, that the transportation 
        to be provided pursuant to the registration is not in 
        the public interest.
          (2) Registration of public recipients of governmental 
        assistance.--
                  (A) Charter transportation.--The Secretary 
                shall register under subsection (a)(1) a public 
                recipient of governmental assistance to provide 
                special or charter transportation subject to 
                jurisdiction under subchapter I of chapter 135 
                as a motor carrier of passengers if the 
                Secretary finds that--
                          (i) the recipient meets the 
                        requirements of subsection (a)(1); and
                          (ii)(I) no motor carrier of 
                        passengers (other than a motor carrier 
                        of passengers which is a public 
                        recipient of governmental assistance) 
                        is providing, or is willing to provide, 
                        the transportation; or
                          (II) the transportation is to be 
                        provided entirely in the area in which 
                        the public recipient provides regularly 
                        scheduled mass transportation services.
                  (B) Regular-route transportation.--The 
                Secretary shall register under subsection 
                (a)(1) a public recipient of governmental 
                assistance to provide regular-route 
                transportation subject to jurisdiction under 
                subchapter I of chapter 135 as a motor carrier 
                of passengers if the Secretary finds that the 
                recipient meets the requirements of subsection 
                (a)(1), unless the Secretary finds, on the 
                basis of evidence presented by any person 
                objecting to the registration, that the 
                transportation to be provided pursuant to the 
                registration is not in the public interest.
                  (C) Treatment of certain public recipients.--
                Any public recipient of governmental assistance 
                which is providing or seeking to provide 
                transportation of passengers subject to 
                jurisdiction under subchapter I of chapter 135 
                shall, for purposes of this part, be treated as 
                a person which is providing or seeking to 
                provide transportation of passengers subject to 
                such jurisdiction.
          (3) Intrastate transportation.--A motor carrier of 
        passengers that is registered by the Secretary under 
        subsection (a) is authorized to provide regular-route 
        transportation entirely in one State as a motor carrier 
        of passengers if such intrastate transportation is to 
        be provided on a route over which the carrier provides 
        interstate transportation of passengers.
          (4) Preemption regarding certain express service.--No 
        State or political subdivision thereof and no 
        interstate agency or other political agency of 2 or 
        more States shall enact or enforce any law, rule, 
        regulation, standard or other provision having the 
        force and effect of law relating to the provision of 
        pickup and delivery of express packages, newspapers, or 
        mail in a commercial zone if the shipment has had or 
        will have a prior or subsequent movement by bus in 
        intrastate commerce and, if a city within the 
        commercial zone, is served by a motor carrier of 
        passengers providing regular-route transportation of 
        passengers subject to jurisdiction under subchapter I 
        of chapter 135.
          (5) Treatment.--Except as provided in section 
        14501(a), any intrastate transportation authorized by 
        this subsection shall be treated as transportation 
        subject to jurisdiction under subchapter I of chapter 
        135 until the 30th day following the date on which the 
        motor carrier of passengers first begins providing 
        transportation entirely in one State under this 
        paragraph and the carrier takes such action as is 
        necessary to establish under the laws of such State 
        rates, rules, and practices applicable to such 
        transportation.
          (6) Special operations.--This subsection shall not 
        apply to any regular-route transportation of passengers 
        provided entirely in one State which is in the nature 
        of a special operation.
          (7) Suspension or revocation.--Intrastate 
        transportation authorized under this subsection may be 
        suspended or revoked by the Secretary under section 
        13905 of this title at any time.
          (8) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Public recipient of governmental 
                assistance.--The term ``public recipient of 
                governmental assistance'' means--
                          (i) any State,
                          (ii) any municipality or other 
                        political subdivision of a State,
                          (iii) any public agency or 
                        instrumentality of one or more States 
                        and municipalities and political 
                        subdivisions of a State,
                          (iv) any Indian tribe,
                          (v) any corporation, board, or other 
                        person owned or controlled by any 
                        entity described in clause (i), (ii), 
                        (iii), or (iv), and
                which before, on, or after the effective date 
                of this subsection received governmental 
                assistance for the purchase or operation of any 
                bus.
                  (B) Private recipient of government 
                assistance.--The term ``private recipient of 
                government assistance'' means any person (other 
                than a person described in subparagraph (A)) 
                who before, on, or after the effective date of 
                this paragraph received governmental financial 
                assistance in the form of a subsidy for the 
                purchase, lease, or operation of any bus.
  (c) Restrictions on Motor Carriers Domiciled in or Owned or 
Controlled by Nationals of a Contiguous Foreign Country.--
          (1) Prevention of discriminatory practices.--If the 
        President, or the delegate thereof, determines that an 
        act, policy, or practice of a foreign country 
        contiguous to the United States, or any political 
        subdivision or any instrumentality of any such country 
        is unreasonable or discriminatory and burdens or 
        restricts United States transportation companies 
        providing, or seeking to provide, motor carrier 
        transportation to, from, or within such foreign 
        country, the President or such delegate may--
                  (A) seek elimination of such practices 
                through consultations; or
                  (B) notwithstanding any other provision of 
                law, suspend, modify, amend, condition, or 
                restrict operations, including geographical 
                restriction of operations, in the United States 
                by motor carriers of property or passengers 
                domiciled in such foreign country or owned or 
                controlled by persons of such foreign country.
          (2) Equalization of treatment.--Any action taken 
        under paragraph (1)(A) to eliminate an act, policy, or 
        practice shall be so devised so as to equal to the 
        extent possible the burdens or restrictions imposed by 
        such foreign country on United States transportation 
        companies.
          (3) Removal or modification.--The President, or the 
        delegate thereof, may remove or modify in whole or in 
        part any action taken under paragraph (1)(A) if the 
        President or such delegate determines that such removal 
        or modification is consistent with the obligations of 
        the United States under a trade agreement or with 
        United States transportation policy.
          (4) Protection of existing operations.--Unless and 
        until the President, or the delegate thereof, makes a 
        determination under paragraph (1) or (3), nothing in 
        this subsection shall affect--
                  (A) operations of motor carriers of property 
                or passengers domiciled in any contiguous 
                foreign country or owned or controlled by 
                persons of any contiguous foreign country 
                permitted in the commercial zones along the 
                United States-Mexico border as such zones were 
                defined on the day before the effective date of 
                this section; or
                  (B) any existing restrictions on operations 
                of motor carriers of property or passengers 
                domiciled in any contiguous foreign country or 
                owned or controlled by persons of any 
                contiguous foreign country or any modifications 
                thereof pursuant to section 6 of the Bus 
                Regulatory Reform Act of 1982.
          (5) Publication; comment.--Unless the President, or 
        the delegate thereof, determines that expeditious 
        action is required, the President shall publish in the 
        Federal Register any determination under paragraph (1) 
        or (3), together with a description of the facts on 
        which such a determination is based and any proposed 
        action to be taken pursuant to paragraph (1)(B) or (3) 
        and provide an opportunity for public comment.
          (6) Delegation to secretary.--The President may 
        delegate any or all authority under this subsection to 
        the Secretary, who shall consult with other agencies as 
        appropriate. In accordance with the directions of the 
        President, the Secretary may issue regulations to 
        enforce this subsection.
          (7) Civil actions.--Either the Secretary or the 
        Attorney General may bring a civil action in an 
        appropriate district court of the United States to 
        enforce this subsection or a regulation prescribed or 
        order issued under this subsection. The court may award 
        appropriate relief, including injunctive relief.
          (8) Limitation on statutory construction.--This 
        subsection shall not be construed as affecting the 
        requirement for all foreign motor carriers operating in 
        the United States to comply with all applicable laws 
        and regulations pertaining to fitness, safety of 
        operations, financial responsibility, and taxes imposed 
        by section 4481 of the Internal Revenue Code of 1986.

Sec. 13903. Registration of freight forwarders

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

Sec. 13904. Registration of motor carrier brokers

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

Sec. 13905. Effective periods of registration

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

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

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

Sec. 13907. Household goods agents

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

Sec. 13908. Registration and other reforms

  (a) Regulations Replacing Certain Programs.--The Secretary, 
in cooperation with the States, and after notice and 
opportunity for public comment, shall issue regulations to 
replace the current Department of Transportation identification 
number system, the single State registration system under 
section 14504, the registration system contained in this 
chapter, and the financial responsibility information system 
under section 13906 with a single, on-line, Federal system. The 
new system shall serve as a clearinghouse and depository of 
information on and identification of all foreign and domestic 
motor carriers, brokers, and freight forwarders, and others 
required to register with the Department as well as information 
on safety fitness and compliance with required levels of 
financial responsibility.
  (b) Factors To Be Considered.--In conducting the rulemaking 
under subsection (a), the Secretary shall, at a minimum, 
consider the following factors:
          (1) Funding for State enforcement of motor carrier 
        safety regulations.
          (2) Whether the existing single State registration 
        system is duplicative and burdensome.
          (3) The justification and need for collecting the 
        statutory fee for such system under section 
        14504(c)(2)(B)(iv).
          (4) The public safety.
          (5) The efficient delivery of transportation 
        services.
          (6) How, and under what conditions, to extend the 
        registration system to motor private carriers and to 
        carriers exempt under sections 13502, 13503, and 13506.
  (c) Fee System.--The Secretary may establish, under section 
9701 of title 31, a fee system for registration and filing 
evidence of financial responsibility under the new system under 
subsection (a). Fees collected under the fee system shall cover 
the costs of operating and upgrading the registration system, 
including all personnel costs associated with the system. Fees 
collected under this subsection may be credited to the 
Department of Transportation appropriations account for 
purposes for which such fees are collected, and shall be 
available for expenditure until expended.
  (d) State Registration Programs.--If the Secretary determines 
that no State should require insurance filings or collect fees 
for such filings under section 14504, the Secretary may prevent 
any State or political subdivision thereof, or any political 
authority of 2 or more States, from imposing any insurance 
filing requirements or fees that are for the same purposes as 
filings or fees the Secretary requires under the new system 
under subsection (a).
  (e) Deadline for Conclusion; Modifications.--Not later than 
24 months after the effective date of this section, the 
Secretary--
          (1) shall conclude the rulemaking under this section;
          (2) may implement such changes under this section as 
        the Secretary considers appropriate and in the public 
        interest; and
          (3) shall transmit to Congress a report on any 
        findings of the rulemaking and the changes being 
        implemented under this section, together with such 
        recommendations for legislative language necessary to 
        conform this part to such changes.

                  CHAPTER 141--OPERATIONS OF CARRIERS

                   SUBCHAPTER I--GENERAL REQUIREMENTS

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

                   SUBCHAPTER II--REPORTS AND RECORDS

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

                   SUBCHAPTER I--GENERAL REQUIREMENTS

Sec. 14101. Providing transportation and service

  (a) On Reasonable Request.--A carrier providing 
transportation or service subject to jurisdiction under chapter 
135 shall provide the transportation or service on reasonable 
request. In addition, a motor carrier shall provide safe and 
adequate service, equipment, and facilities.
  (b) Contracts With Shippers.--
          (1) In general.--A carrier providing transportation 
        or service subject to jurisdiction under chapter 135 
        may enter into a contract with a shipper, other than 
        for the movement of household goods described in 
        section 13102(9)(A), to provide specified services 
        under specified rates and conditions. If the shipper, 
        in writing, expressly waives all rights and remedies 
        under this part for the transportation covered by the 
        contract, the transportation provided under the 
        contract shall not be subject to this part and may not 
        be subsequently challenged on the ground that it 
        violates a provision of this part.
          (2) Remedy for breach of contract.--The exclusive 
        remedy for any alleged breach of a contract entered 
        into under this subsection shall be an action in an 
        appropriate State court or United States district 
        court, unless the parties otherwise agree.

Sec. 14102. Leased motor vehicles

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

Sec. 14103. Loading and unloading motor vehicles

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

Sec. 14104 Household goods carrier operations

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

                   SUBCHAPTER II--REPORTS AND RECORDS

Sec. 14121. Definitions

  In this subchapter, the following definitions apply:
          (1) Carrier and broker.--The terms ``carrier'' and 
        ``broker'' include a receiver or trustee of a carrier 
        and broker, respectively.
          (2) Association.--The term ``association'' means an 
        organization maintained by or in the interest of a 
        group of carriers or brokers providing transportation 
        or service subject to jurisdiction under chapter 135 
        that performs a service, or engages in activities, 
        related to transportation under this part.

Sec. 14122. Records: form; inspection; preservation

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

Sec. 14123. Financial reporting

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

                          CHAPTER 143--FINANCE

Sec.
14301. Security interests in certain motor vehicles.
14302. Pooling and division of transportation or earnings.

Sec. 14301. Security interests in certain motor vehicles

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

Sec. 14302. Pooling and division of transportation or earnings

  (a) Approval Required.--A carrier providing transportation 
subject to jurisdiction under subchapter I of chapter 135 of 
this title may not agree or combine with another such carrier 
to pool or divide traffic or services or any part of their 
earnings without the approval of the Panel under this section.
  (b) Standards for Approval.--The Panel may approve and 
authorize an agreement or combination between or among motor 
carriers of passengers, or between a motor carrier of 
passengers and a rail carrier of passengers if the carriers 
involved assent to the pooling or division and the Panel finds 
that a pooling or division of traffic, services, or earnings--
          (1) will be in the interest of better service to the 
        public or of economy of operation; and
          (2) will not unreasonably restrain competition.
  (c) Procedure.--
          (1) Application.--Any motor carrier of property may 
        apply to the Panel for approval of an agreement or 
        combination with another such carrier to pool or divide 
        traffic or any services or any part of their earnings 
        by filing such agreement or combination with the Panel 
        not less than 50 days before its effective date.
          (2) Determination of importance and restraint on 
        competition.--Prior to the effective date of the 
        agreement or combination, the Panel shall determine 
        whether the agreement or combination is of major 
        transportation importance and whether there is 
        substantial likelihood that the agreement or 
        combination will unduly restrain competition. If the 
        Panel determines that neither of these 2 factors 
        exists, it shall, prior to such effective date and 
        without a hearing, approve and authorize the agreement 
        or combination, under such rules and regulations as the 
        Panel may issue, and for such consideration between 
        such carriers and upon such terms and conditions as 
        shall be found by the Panel to be just and reasonable.
          (3) Hearing.--If the Panel determines either that the 
        agreement or combination is of major transportation 
        importance or that there is substantial likelihood that 
        the agreement or combination will unduly restrain 
        competition, the Panel shall hold a hearing concerning 
        whether the agreement or combination will be in the 
        interest of better service to the public or of economy 
        in operation and whether it will unduly restrain 
        competition and shall suspend operation of such 
        agreement or combination pending such hearing and final 
        decision thereon. After such hearing, the Panel shall 
        indicate to what extent it finds that the agreement or 
        combination will be in the interest of better service 
        to the public or of economy in operation and will not 
        unduly restrain competition and if assented to by all 
        the carriers involved, shall to that extent, approve 
        and authorize the agreement or combination, under such 
        rules and regulations as the Panel may issue, and for 
        such consideration between such carriers and upon such 
        terms and conditions as shall be found by the Panel to 
        be just and reasonable.
          (4) Special rules for household goods carriers.--In 
        the case of an application for Panel approval of an 
        agreement or combination between a motor carrier 
        providing transportation of household goods and its 
        agents to pool or divide traffic or services or any 
        part of their earnings, such agreement or combination 
        shall be presumed to be in the interest of better 
        service to the public and of economy in operation and 
        not to restrain competition unduly if the practices 
        proposed to be carried out under such agreement or 
        combination are the same as or similar to practices 
        carried out under agreements and combinations between 
        motor carriers providing transportation of household 
        goods to pool or divide traffic or service of any part 
        of their earnings approved by the Interstate Commerce 
        Commission before the effective date of this section.
          (5) Streamlining and simplifying.--The Panel shall 
        streamline, simplify, and expedite, to the maximum 
        extent practicable, the process (including any 
        paperwork) for submission and approval of applications 
        under this section for agreements and combinations 
        between motor carriers providing transportation of 
        household goods and their agents.
  (d) Conditions.--The Panel may impose conditions governing 
the pooling or division and may approve and authorize payment 
of a reasonable consideration between the carriers.
  (e) Initiation of Proceeding.--The Panel may begin a 
proceeding under this section on its own initiative or on 
application.
  (f) Effect of Approval.--A carrier may participate in an 
arrangement approved by or exempted by the Panel under this 
section without the approval of any other Federal, State, or 
municipal body. A carrier participating in an approved or 
exempted arrangement is exempt from the antitrust laws and from 
all other law, including State and municipal law, as necessary 
to let that person carry out the arrangement.

                  CHAPTER 145--FEDERAL-STATE RELATIONS

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

Sec. 14501. Federal authority over intrastate transportation

  (a) Motor Carriers of Passengers.--No State or political 
subdivision thereof and no interstate agency or other political 
agency of two or more States shall enact or enforce any law, 
rule, regulation, standard, or other provision having the force 
and effect of law relating to scheduling of interstate or 
intrastate transportation (including discontinuance or 
reduction in the level of service) provided by motor carrier of 
passengers subject to jurisdiction under subchapter I of 
chapter 135 of this title on an interstate route or relating to 
the implementation of any change in the rates for such 
transportation or for any charter transportation except to the 
extent that notice, not in excess of 30 days, of changes in 
schedules may be required. This subsection shall not apply to 
intrastate commuter bus operations.
  (b) Freight Forwarders and Brokers.--
          (1) General rule.--Subject to paragraph (2) of this 
        subsection, no State or political subdivision thereof 
        and no intrastate agency or other political agency of 
        two or more States shall enact or enforce any law, 
        rule, regulation, standard, or other provision having 
        the force and effect of law relating to intrastate 
        rates, intrastate routes, or intrastate services of any 
        freight forwarder or broker.
          (2) Continuation of hawaii's authority.--Nothing in 
        this subsection and the amendments made by the Surface 
        Freight Forwarder Deregulation Act of 1986 shall be 
        construed to affect the authority of the State of 
        Hawaii to continue to regulate a motor carrier 
        operating within the State of Hawaii.
  (c) Motor Carriers of Property.--
          (1) General rule.--Except as provided in paragraphs 
        (2) and (3), a State, political subdivision of a State, 
        or political authority of 2 or more States may not 
        enact or enforce a law, regulation, or other provision 
        having the force and effect of law related to a price, 
        route, or service of any motor carrier (other than a 
        carrier affiliated with a direct air carrier covered by 
        section 41713(b)(4)) or any motor private carrier, 
        broker, or freight forwarder with respect to the 
        transportation of property.
          (2) Matters not covered.--Paragraph (1)--
                  (A) shall not restrict the safety regulatory 
                authority of a State with respect to motor 
                vehicles, the authority of a State to impose 
                highway route controls or limitations based on 
                the size or weight of the motor vehicle or the 
                hazardous nature of the cargo, or the authority 
                of a State to regulate motor carriers with 
                regard to minimum amounts of financial 
                responsibility relating to insurance 
                requirements and self-insurance authorization;
                  (B) does not apply to the transportation of 
                household goods; and
                  (C) does not apply to the authority of a 
                State or a political subdivision of a State to 
                enact or enforce a law, regulation, or other 
                provision relating to the price of for-hire 
                motor vehicle transportation by a tow truck, if 
                such transportation is performed--
                          (i) at the request of a law 
                        enforcement officer; or
                          (ii) without the prior consent or 
                        authorization of the owner or operator 
                        of the motor vehicle.
          (3) State standard transportation practices.--
                  (A) Continuation.--Paragraph (1) shall not 
                affect any authority of a State, political 
                subdivision of a State, or political authority 
                of 2 or more States to enact or enforce a law, 
                regulation, or other provision, with respect to 
                the intrastate transportation of property by 
                motor carriers, related to--
                          (i) uniform cargo liability rules,
                          (ii) uniform bills of lading or 
                        receipts for property being 
                        transported,
                          (iii) uniform cargo credit rules, or
                          (iv) antitrust immunity for joint 
                        line rates or routes, classifications, 
                        and mileage guides,
                if such law, regulation, or provision meets the 
                requirements of subparagraph (B).
                  (B) Requirements.--A law, regulation, or 
                provision of a State, political subdivision, or 
                political authority meets the requirements of 
                this subparagraph if--
                          (i) the law, regulation, or provision 
                        covers the same subject matter as, and 
                        compliance with such law, regulation, 
                        or provision is no more burdensome than 
                        compliance with, a provision of this 
                        part or a regulation issued by the 
                        Secretary or the Panel under this part; 
                        and
                          (ii) the law, regulation, or 
                        provision only applies to a carrier 
                        upon request of such carrier.
                  (C) Election.--Notwithstanding any other 
                provision of law, a carrier affiliated with a 
                direct air carrier through common controlling 
                ownership may elect to be subject to a law, 
                regulation, or provision of a State, political 
                subdivision, or political authority under this 
                paragraph.
          (4) This subsection shall not apply with respect to 
        the State of Hawaii until August 22, 1997.

Sec. 14502. Tax discrimination against motor carrier transportation 
                    property

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

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

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

Sec. 14504. Registration of motor carriers by a State

  (a) Definitions.--In this section, the terms ``standards'' 
and ``amendments to standards'' mean the specification of forms 
and procedures required by regulations of the Secretary to 
prove the lawfulness of transportation by motor carrier 
referred to in section 13501.
  (b) General Rule.--The requirement of a State that a motor 
carrier, providing transportation subject to jurisdiction under 
subchapter I of chapter 135 and providing transportation in 
that State, must register with the State is not an unreasonable 
burden on transportation referred to in section 13501 when the 
State registration is completed under standards of the 
Secretary under subsection (c). When a State registration 
requirement imposes obligations in excess of the standards of 
the Secretary, the part in excess is an unreasonable burden.
  (c) Single State Registration System.--
          (1) In general.--The Secretary shall maintain 
        standards for implementing a system under which--
                  (A) a motor carrier is required to register 
                annually with only one State by providing 
                evidence of its Federal registration under 
                chapter 139;
                  (B) the State of registration shall fully 
                comply with standards prescribed under this 
                section; and
                  (C) such single State registration shall be 
                deemed to satisfy the registration requirements 
                of all other States.
          (2) Specific requirements.--
                  (A) Evidence of federal registration; proof 
                of insurance; payment of fees.--Under the 
                standards of the Secretary implementing the 
                single State registration system described in 
                paragraph (1) of this subsection, only a State 
                acting in its capacity as registration State 
                under such single State system may require a 
                motor carrier registered by the Secretary under 
                this part--
                          (i) to file and maintain evidence of 
                        such Federal registration;
                          (ii) to file satisfactory proof of 
                        required insurance or qualification as 
                        a self-insurer;
                          (iii) to pay directly to such State 
                        fee amounts in accordance with the fee 
                        system established under subparagraph 
                        (B)(iv) of this paragraph, subject to 
                        allocation of fee revenues among all 
                        States in which the carrier operates 
                        and which participate in the single 
                        State registration system; and
                          (iv) to file the name of a local 
                        agent for service of process.
                  (B) Receipts; fee system.--The standards of 
                the Secretary--
                          (i) shall require that the 
                        registration State issue a receipt, in 
                        a form prescribed under the standards, 
                        reflecting that the carrier has filed 
                        proof of insurance as provided under 
                        subparagraph (A)(ii) of this paragraph 
                        and has paid fee amounts in accordance 
                        with the fee system established under 
                        clause (iv) of this subparagraph;
                          (ii) shall require that copies of the 
                        receipt issued under clause (i) of this 
                        subparagraph be kept in each of the 
                        carrier's commercial motor vehicles;
                          (iii) shall not require decals, 
                        stamps, cab cards, or any other means 
                        of registering or identifying specific 
                        vehicles operated by the carrier;
                          (iv) shall establish a fee system for 
                        the filing of proof of insurance as 
                        provided under subparagraph (A)(ii) of 
                        this paragraph that--
                                  (I) will be based on the 
                                number of commercial motor 
                                vehicles the carrier operates 
                                in a State and on the number of 
                                States in which the carrier 
                                operates;
                                  (II) will minimize the costs 
                                of complying with the 
                                registration system; and
                                  (III) will result in a fee 
                                for each participating State 
                                that is equal to the fee, not 
                                to exceed $10 per vehicle, that 
                                such State collected or charged 
                                as of November 15, 1991; and
                          (v) shall not authorize the charging 
                        or collection of any fee for filing and 
                        maintaining a certificate or permit 
                        under subparagraph (A)(i) of this 
                        paragraph.
                  (C) Prohibited fees.--The charging or 
                collection of any fee under this section that 
                is not in accordance with the fee system 
                established under subparagraph (B)(iv) of this 
                paragraph shall be deemed to be a burden on 
                interstate commerce.
                  (D) Limitation on participation by states.--
                Only a State which, as of January 1, 1991, 
                charged or collected a fee for a vehicle 
                identification stamp or number under part 1023 
                of title 49, Code of Federal Regulations, shall 
                be eligible to participate as a registration 
                State under this subsection or to receive any 
                fee revenue under this subsection.

Sec. 14505. State tax

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

       CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

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

Sec. 14701. General authority

  (a) Investigations.--The Secretary or the Panel, as 
applicable, may begin an investigation under this part on the 
Secretary's or the Panel's own initiative or on complaint. If 
the Secretary or Panel, as applicable finds that a carrier or 
broker is violating this part, the Secretary or Panel, as 
applicable, shall take appropriate action to compel compliance 
with this part. If the Secretary finds that a foreign motor 
carrier or foreign motor private carrier is violating chapter 
139, the Secretary shall take appropriate action to compel 
compliance with that chapter. The Secretary or Panel, as 
applicable, may take action under this subsection only after 
giving the carrier or broker notice of the investigation and an 
opportunity for a proceeding.
  (b) Complaints.--A person, including a governmental 
authority, may file with the Secretary or Panel, as applicable, 
a complaint about a violation of this part by a carrier 
providing, or broker for, transportation or service subject to 
jurisdiction under this part or a foreign motor carrier or 
foreign motor private carrier providing transportation 
registered under section 13902 of this title. The complaint 
must state the facts that are the subject of the violation. The 
Secretary or Panel, as applicable, may dismiss a complaint that 
it determines does not state reasonable grounds for 
investigation and action.
  (c) Deadline.--A formal investigative proceeding begun by the 
Secretary or Panel under subsection (a) of this section is 
dismissed automatically unless it is concluded with 
administrative finality by the end of the 3d year after the 
date on which it was begun.

Sec. 14702. Enforcement by the regulatory authority

  (a) In General.--The Secretary or the Panel, as applicable, 
may bring a civil action--
          (1) to enforce section 14103 of this title; or
          (2) to enforce this part, or a regulation or order of 
        the Secretary or Panel, as applicable, when violated by 
        a carrier or broker providing transportation or service 
        subject to jurisdiction under subchapter I or III of 
        chapter 135 of this title or by a foreign motor carrier 
        or foreign motor private carrier providing 
        transportation registered under section 13902 of this 
        title.
  (b) Venue.--In a civil action under subsection (a)(2) of this 
section--
          (1) trial is in the judicial district in which the 
        carrier, foreign motor carrier, foreign motor private 
        carrier, or broker operates;
          (2) process may be served without regard to the 
        territorial limits of the district or of the State in 
        which the action is instituted; and
          (3) a person participating with a carrier or broker 
        in a violation may be joined in the civil action 
        without regard to the residence of the person.
  (c) Standing.--The Panel, through its own attorneys, may 
bring or participate in any civil action involving motor 
carrier undercharges.

Sec. 14703. Enforcement by the Attorney General

  The Attorney General may, and on request of either the 
Secretary of Transportation or Intermodal Surface 
Transportation Panel shall, bring court proceedings--
          (1) to enforce this part or a regulation or order of 
        the Secretary or Panel or terms of registration under 
        this part; and
          (2) to prosecute a person violating this part or a 
        regulation or order of the Secretary or Panel or term 
        of registration under this part.

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

  (a) Enforcement of Order.--A person injured because a carrier 
or broker providing transportation or service subject to 
jurisdiction under chapter 135 does not obey an order of the 
Secretary or the Panel, as applicable, under this part, except 
an order for the payment of money, may bring a civil action to 
enforce that order under this subsection.
  (b) Liability and Damages.--
          (1) Liability for exceeding tariff rate.--A carrier 
        providing transportation or service subject to 
        jurisdiction under chapter 135 is liable to a person 
        for amounts charged that exceed the applicable rate for 
        transportation or service contained in a tariff in 
        effect under section 13702 of this title.
          (2) Damages for violations.--A carrier or broker 
        providing transportation or service subject to 
        jurisdiction under chapter 135 is liable for damages 
        sustained by a person as a result of an act or omission 
        of that carrier or broker in violation of this part.
  (c) Election.--
          (1) Complaint to dot or panel; civil action.--A 
        person may file a complaint with the Panel or the 
        Secretary, as applicable, under section 14701(b) of 
        this title or bring a civil action under subsection 
        (b)(1) or (2) of this section to enforce liability 
        against a carrier or broker providing transportation or 
        service subject to jurisdiction under chapter 135. A 
        person may bring a civil action for injunctive relief 
        for violations of sections 14102 and 14103.
          (2) Order of dot or panel.--
                  (A) In general.--When the Panel or Secretary, 
                as applicable, makes an award under subsection 
                (b) of this section, the Panel or Secretary, as 
                applicable, shall order the carrier to pay the 
                amount awarded by a specific date. The Panel or 
                Secretary, as applicable, may order a carrier 
                or broker providing transportation or service 
                subject to jurisdiction under chapter 135 to 
                pay damages only when the proceeding is on 
                complaint.
                  (B) Enforcement by civil action.--The person 
                for whose benefit an order of the Panel or 
                Secretary requiring the payment of money is 
                made may bring a civil action to enforce that 
                order under this paragraph if the carrier or 
                broker does not pay the amount awarded by the 
                date payment was ordered to be made.
  (d) Procedure.--
          (1) In general.--When a person begins a civil action 
        under subsection (b) of this section to enforce an 
        order of the Panel or Secretary requiring the payment 
        of damages by a carrier or broker providing 
        transportation or service subject to jurisdiction under 
        chapter 135 of this title, the text of the order of the 
        Panel or Secretary must be included in the complaint. 
        In addition to the district courts of the United 
        States, a State court of general jurisdiction having 
        jurisdiction of the parties has jurisdiction to enforce 
        an order under this paragraph. The findings and order 
        of the Panel or Secretary are competent evidence of the 
        facts stated in them. Trial in a civil action brought 
        in a district court of the United States under this 
        paragraph is in the judicial district in which the 
        plaintiff resides or in which the principal operating 
        office of the carrier or broker is located. In a civil 
        action under this paragraph, the plaintiff is liable 
        for only those costs that accrue on an appeal taken by 
        the plaintiff.
          (2) Parties.--All parties in whose favor the award 
        was made may be joined as plaintiffs in a civil action 
        brought in a district court of the United States under 
        this subsection and all the carriers that are parties 
        to the order awarding damages may be joined as 
        defendants. Trial in the action is in the judicial 
        district in which any one of the plaintiffs could bring 
        the action against any one of the defendants. Process 
        may be served on a defendant at its principal operating 
        office when that defendant is not in the district in 
        which the action is brought. A judgment ordering 
        recovery may be made in favor of any of those 
        plaintiffs against the defendant found to be liable to 
        that plaintiff.
          (3) Attorney's fees.--The district court shall award 
        a reasonable attorney's fee as a part of the damages 
        for which a carrier or broker is found liable under 
        this subsection. The district court shall tax and 
        collect that fee as a part of the costs of the action.

Sec. 14705. Limitation on actions by and against carriers

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

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

  (a) General Liability.--
          (1) Motor carriers and freight forwarders.--A carrier 
        providing transportation or service subject to 
        jurisdiction under subchapter I or III of chapter 135 
        shall issue a receipt or bill of lading for property it 
        receives for transportation under this part. That 
        carrier and any other carrier that delivers the 
        property and is providing transportation or service 
        subject to jurisdiction under subchapter I or III of 
        chapter 135 or chapter 105 are liable to the person 
        entitled to recover under the receipt or bill of 
        lading. The liability imposed under this paragraph is 
        for the actual loss or injury to the property caused by 
        (A) the receiving carrier, (B) the delivering carrier, 
        or (C) another carrier over whose line or route the 
        property is transported in the United States or from a 
        place in the United States to a place in an adjacent 
        foreign country when transported under a through bill 
        of lading and, except in the case of a freight 
        forwarder, applies to property reconsigned or diverted 
        under a tariff filed under section 13702 of this title. 
        Failure to issue a receipt or bill of lading does not 
        affect the liability of a carrier. A delivering carrier 
        is deemed to be the carrier performing the line-haul 
        transportation nearest the destination but does not 
        include a carrier providing only a switching service at 
        the destination.
          (2) Freight forwarder.--A freight forwarder is both 
        the receiving and delivering carrier. When a freight 
        forwarder provides service and uses a motor carrier 
        providing transportation subject to jurisdiction under 
        subchapter I of chapter 135 to receive property from a 
        consignor, the motor carrier may execute the bill of 
        lading or shipping receipt for the freight forwarder 
        with its consent. With the consent of the freight 
        forwarder, a motor carrier may deliver property for a 
        freight forwarder on the freight forwarder's bill of 
        lading, freight bill, or shipping receipt to the 
        consignee named in it, and receipt for the property may 
        be made on the freight forwarder's delivery receipt.
  (b) Apportionment.--The carrier issuing the receipt or bill 
of lading under subsection (a) of this section or delivering 
the property for which the receipt or bill of lading was issued 
is entitled to recover from the carrier over whose line or 
route the loss or injury occurred the amount required to be 
paid to the owners of the property, as evidenced by a receipt, 
judgment, or transcript, and the amount of its expenses 
reasonably incurred in defending a civil action brought by that 
person.
  (c) Special Rules.--
          (1) Limitation of liability by contract.--A carrier 
        may limit or be exempt from liability imposed under 
        subsection (a) of this section by a mutual written 
        agreement, that is referred to in the receipt, bill of 
        lading, or contract for the transportation involved 
        entered into with the shipper, to limit liability to a 
        specified amount.
          (2) Water carriers.--If loss or injury to property 
        occurs while it is in the custody of a water carrier, 
        the liability of that carrier is determined by its bill 
        of lading and the law applicable to water 
        transportation. The liability of the initial or 
        delivering carrier is the same as the liability of the 
        water carrier.
  (d) Civil Actions.--
          (1) Against delivering carrier.--A civil action under 
        this section may be brought against a delivering 
        carrier (other than a rail carrier) in a district court 
        of the United States or in a State court. Trial, if the 
        action is brought in a district court of the United 
        States is in a judicial district, and if in a State 
        court, is in a State through which the defendant 
        carrier operates.
          (2) Against carrier responsible for loss.--A civil 
        action under this section may be brought against the 
        carrier alleged to have caused the loss or damage, in 
        the judicial district in which such loss or damage is 
        alleged to have occurred.
          (3) Jurisdiction of courts.--A civil action under 
        this section may be brought in a United States district 
        court or in a State court.
          (4) Judicial district defined.--In this section, 
        ``judicial district'' means--
                  (A) in the case of a United States district 
                court, a judicial district of the United 
                States; and
                  (B) in the case of a State court, the 
                applicable geographic area over which such 
                court exercises jurisdiction.
  (e) Minimum Period for Filing Claims.--
          (1) In general.--A carrier may not provide by rule, 
        contract, or otherwise, a period of less than 9 months 
        for filing a claim against it under this section and a 
        period of less than 2 years for bringing a civil action 
        against it under this section. The period for bringing 
        a civil action is computed from the date the carrier 
        gives a person written notice that the carrier has 
        disallowed any part of the claim specified in the 
        notice.
          (2) Special rules.--For the purposes of this 
        subsection--
                  (A) an offer of compromise shall not 
                constitute a disallowance of any part of the 
                claim unless the carrier, in writing, informs 
                the claimant that such part of the claim is 
                disallowed and provides reasons for such 
                disallowance; and
                  (B) communications received from a carrier's 
                insurer shall not constitute a disallowance of 
                any part of the claim unless the insurer, in 
                writing, informs the claimant that such part of 
                the claim is disallowed, provides reason for 
                such disallowance, and informs the claimant 
                that the insurer is acting on behalf of the 
                carrier.
  (f) Limiting Liability of Household Goods Carriers to 
Declared Value.--A carrier or group of carriers subject to 
jurisdiction under subchapter I or III of chapter 135 may 
petition the Panel to modify, eliminate, or establish rates for 
the transportation of household goods under which the liability 
of the carrier for that property is limited to a value 
established by written declaration of the shipper or by a 
written agreement.
  (g) Modifications and Reforms.--
          (1) Study.--The Secretary shall conduct a study to 
        determine whether any modifications or reforms should 
        be made to the loss and damage provisions of this 
        section.
          (2) Factors to consider.--In conducting the study, 
        the Secretary, at a minimum, shall consider--
                  (A) the efficient delivery of transportation 
                services;
                  (B) international and intermodal harmony;
                  (C) the public interest; and
                  (D) the interest of carriers and shippers.
          (3) Report.--Not later than 18 months after the 
        effective date of this section, the Secretary shall 
        submit to Congress a report on the results of the 
        study, together with any recommendations of the 
        Secretary (including legislative recommendations) for 
        implementing modifications or reforms identified by the 
        Secretary as being appropriate.

Sec. 14707. Private enforcement of registration requirement

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

Sec. 14708. Dispute settlement program for household goods carriers

  (a) Offering Shippers Arbitration.--As a condition of 
registration under section 13902 or 13903, a carrier providing 
transportation of household goods subject to jurisdiction under 
subchapter I or III of chapter 135 must agree to offer in 
accordance with this section to shippers of household goods 
arbitration as a means of settling disputes between such 
carriers and shippers of household goods concerning damage or 
loss to the household goods transported.
  (b) Arbitration Requirements.--
          (1) Prevention of special advantage.--The arbitration 
        that is offered must be designed to prevent a carrier 
        from having any special advantage in any case in which 
        the claimant resides or does business at a place 
        distant from the carrier's principal or other place of 
        business.
          (2) Notice of arbitration procedure.--The carrier 
        must provide the shipper an adequate notice of the 
        availability of neutral arbitration, including a 
        concise easy-to-read, accurate summary of the 
        arbitration procedure, any applicable fees, and 
        disclosure of the legal effects of election to utilize 
        arbitration. Such notice must be given to persons for 
        whom household goods are to be transported by the 
        carrier before such goods are tendered to the carrier 
        for transportation.
          (3) Provision of forms.--Upon request of a shipper, 
        the carrier must promptly provide such forms and other 
        information as are necessary for initiating an action 
        to resolve a dispute under arbitration.
          (4) Independence of arbitrator.--Each person 
        authorized to arbitrate or otherwise settle disputes 
        must be independent of the parties to the dispute and 
        must be capable, as determined under such regulations 
        as the Secretary may issue, to resolve such disputes 
        fairly and expeditiously. The carrier must ensure that 
        each person chosen to settle the disputes is authorized 
        and able to obtain from the shipper or carrier any 
        material and relevant information to the extent 
        necessary to carry out a fair and expeditious decision 
        making process.
          (5) Limitation on fees.--No fee of more than $25 may 
        be charged a shipper for instituting an arbitration 
        proceeding under this subsection. In any case in which 
        a shipper is charged a fee under this paragraph for 
        instituting an arbitration proceeding and such dispute 
        is settled in favor of the shipper, the person settling 
        the dispute must refund such fee to the shipper unless 
        the person settling the dispute determines that such 
        refund is inappropriate.
          (6) Requests.--The carrier must not require the 
        shipper to agree to utilize arbitration prior to the 
        time that a dispute arises. If the dispute involves a 
        claim for $1,000 or less and the shipper requests 
        arbitration, such arbitration shall be binding on the 
        parties. If the dispute involves a claim for more than 
        $1,000 and the shipper requests arbitration, such 
        arbitration shall be binding on the parties only if the 
        carrier agrees to arbitration.
          (7) Oral presentation of evidence.--The arbitrator 
        may provide for an oral presentation of a dispute 
        concerning transportation of household goods by a party 
        to the dispute (or a party's representative), but such 
        oral presentation may be made only if all parties to 
        the dispute expressly agree to such presentation and 
        the date, time, and location of such presentation.
          (8) Deadline for decision.--The arbitrator must, as 
        expeditiously as possible but at least within 60 days 
        of receipt of written notification of the dispute, 
        render a decision based on the information gathered; 
        except that, in any case in which a party to the 
        dispute fails to provide in a timely manner any 
        information concerning such dispute which the person 
        settling the dispute may reasonably require to resolve 
        the dispute, the arbitrator may extend such 60-day 
        period for a reasonable period of time. A decision 
        resolving a dispute may include any remedies 
        appropriate under the circumstances, including repair, 
        replacement, refund, reimbursement for expenses, and 
        compensation for damages.
  (c) Limitation on Use of Materials.--Materials and 
information obtained in the course of a decision making process 
to settle a dispute by arbitration under this section may not 
be used to bring an action under section 14905.
  (d) Attorney's Fees to Shippers.--In any court action to 
resolve a dispute between a shipper of household goods and a 
motor carrier providing transportation or service subject to 
jurisdiction under subchapter I or III of chapter 135 
concerning the transportation of household goods by such 
carrier, the shipper shall be awarded reasonable attorney's 
fees if--
          (1) the shipper submits a claim to the carrier within 
        120 days after the date the shipment is delivered or 
        the date the delivery is scheduled, whichever is later;
          (2) the shipper prevails in such court action; and
          (3)(A) a decision resolving the dispute was not 
        rendered through arbitration under this section within 
        the period provided under subsection (b)(8) of this 
        section or an extension of such period under such 
        subsection; or
          (B) the court proceeding is to enforce a decision 
        rendered through arbitration under this section and is 
        instituted after the period for performance under such 
        decision has elapsed.
  (e) Attorney's Fees to Carriers.--In any court action to 
resolve a dispute between a shipper of household goods and a 
carrier providing transportation, or service subject to 
jurisdiction under subchapter I or III of chapter 135 
concerning the transportation of household goods by such 
carrier, such carrier may be awarded reasonable attorney's fees 
by the court only if the shipper brought such action in bad 
faith--
          (1) after resolution of such dispute through 
        arbitration under this section; or
          (2) after institution of an arbitration proceeding by 
        the shipper to resolve such dispute under this section 
        but before--
                  (A) the period provided under subsection 
                (b)(8) for resolution of such dispute 
                (including, if applicable, an extension of such 
                period under such subsection) ends; and
                  (B) a decision resolving such dispute is 
                rendered.
  (f) Limitation of Applicability to Collect-on-Delivery 
Transportation.--The provisions of this section shall apply 
only in the case of collect-on-delivery transportation of those 
types of household goods.

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

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

               CHAPTER 149--CIVIL AND CRIMINAL PENALTIES

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

Sec. 14901. General civil penalties

  (a) Reporting and Recordkeeping.--A person required to make a 
report to the Secretary or the Panel, answer a question, or 
make, prepare, or preserve a record under this part concerning 
transportation subject to jurisdiction under subchapter I or 
III of chapter 135 or transportation by a foreign carrier 
registered under section 13902, or an officer, agent, or 
employee of that person that--
          (1) does not make the report;
          (2) does not specifically, completely, and truthfully 
        answer the question;
          (3) does not make, prepare, or preserve the record in 
        the form and manner prescribed;
          (4) does not comply with section 13901; or
          (5) does not comply with section 13902(c);
is liable to the United States Government for a civil penalty 
of not less than $500 for each violation and for each 
additional day the violation continues; except that, in the 
case of a person who is not registered under this part to 
provide transportation of passengers, or an officer, agent, or 
employee of such person, that does not comply with section 
13901 with respect to providing transportation of passengers, 
the amount of the civil penalty shall not be less than $2,000 
for each violation and for each additional day the violation 
continues.
  (b) Transportation of Hazardous Wastes.--A person subject to 
jurisdiction under subchapter I of chapter 135, or an officer, 
agent, or employee of that person, and who is required to 
comply with section 13901 of this title but does not so comply 
with respect to the transportation of hazardous wastes as 
defined by the Environmental Protection Agency pursuant to 
section 3001 of the Solid Waste Disposal Act (but not including 
any waste the regulation of which under the Solid Waste 
Disposal Act has been suspended by Congress) shall be liable to 
the United States for a civil penalty not to exceed $20,000 for 
each violation.
  (c) Factors To Consider in Determining Amount.--In 
determining and negotiating the amount of a civil penalty under 
subsection (a) or (d) concerning transportation of household 
goods, the degree of culpability, any history of prior such 
conduct, the degree of harm to shipper or shippers, ability to 
pay, the effect on ability to do business, whether the shipper 
has been adequately compensated before institution of the 
proceeding, and such other matters as fairness may require 
shall be taken into account.
  (d) Protection of Household Goods Shippers.--If a carrier 
providing transportation of household goods subject to 
jurisdiction under subchapter I or III of chapter 135 or a 
receiver or trustee of such carrier fails or refuses to comply 
with any regulation issued by the Secretary or the Panel 
relating to protection of individual shippers, such carrier, 
receiver, or trustee is liable to the United States for a civil 
penalty of not less than $1,000 for each violation and for each 
additional day during which the violation continues.
  (e) Violation Relating to Transportation of Household 
Goods.--Any person that knowingly engages in or knowingly 
authorizes an agent or other person--
          (1) to falsify documents used in the transportation 
        of household goods subject to jurisdiction under 
        subchapter I or III of chapter 135 which evidence the 
        weight of a shipment; or
          (2) to charge for accessorial services which are not 
        performed or for which the carrier is not entitled to 
        be compensated in any case in which such services are 
        not reasonably necessary in the safe and adequate 
        movement of the shipment;
is liable to the United States for a civil penalty of not less 
than $2,000 for each violation and of not less than $5,000 for 
each subsequent violation. Any State may bring a civil action 
in the United States district courts to compel a person to pay 
a civil penalty assessed under this subsection.
  (f) Venue.--Trial in a civil action under subsections (a) 
through (e) of this section is in the judicial district in 
which--
          (1) the carrier or broker has its principal office;
          (2) the carrier or broker was authorized to provide 
        transportation or service under this part when the 
        violation occurred;
          (3) the violation occurred; or
          (4) the offender is found.
Process in the action may be served in the judicial district of 
which the offender is an inhabitant or in which the offender 
may be found.

Sec. 14902. Civil penalty for accepting rebates from carrier

  A person--
          (1) delivering property to a carrier providing 
        transportation or service subject to jurisdiction under 
        chapter 135 for transportation under this part or for 
        whom that carrier will transport the property as 
        consignor or consignee for that person from a State or 
        territory or possession of the United States to another 
        State or possession, territory, or to a foreign 
        country; and
          (2) knowingly accepting or receiving by any means a 
        rebate or offset against the rate for transportation 
        for, or service of, that property contained in a tariff 
        required under section 13702;
is liable to the United States Government for a civil penalty 
in an amount equal to 3 times the amount of money that person 
accepted or received as a rebate or offset and 3 times the 
value of other consideration accepted or received as a rebate 
or offset. In a civil action under this section, all money or 
other consideration received by the person during a period of 6 
years before an action is brought under this section may be 
included in determining the amount of the penalty, and if that 
total amount is included, the penalty shall be 3 times that 
total amount.

Sec. 14903. Tariff violations

  (a) Criminal Penalty for Undercharging.--A person that 
knowingly offers, grants, gives, solicits, accepts, or receives 
by any means transportation or service provided for property by 
a carrier subject to jurisdiction under chapter 135 at less 
than the rate in effect under section 13702 shall be fined at 
least $1,000 but not more than $20,000, imprisoned for not more 
than 2 years, or both.
  (b) General Criminal Penalty.--A carrier providing 
transportation or service subject to jurisdiction under chapter 
135 or an officer, director, receiver, trustee, lessee, agent, 
or employee of a corporation that is subject to jurisdiction 
under that chapter, that willfully does not observe its tariffs 
as required under section 13702, shall be fined at least $1,000 
but not more than $20,000, imprisoned for not more than 2 
years, or both.
  (c) Actions of Agents and Employees.--When acting in the 
scope of their employment, the actions and omissions of persons 
acting for or employed by a carrier or shipper that is subject 
to subsection (a) or (b) of this section are considered to be 
the actions and omissions of that carrier or shipper as well as 
that person.
  (d) Venue.--Trial in a criminal action under this section is 
in the judicial district in which any part of the violation is 
committed or through which the transportation is conducted.

Sec. 14904. Additional rate violations

  (a) Rebates by Agents.--A person, or an officer, employee, or 
agent of that person, that--
          (1) knowingly offers, grants, gives, solicits, 
        accepts, or receives a rebate for concession, in 
        violation of a provision of this part related to motor 
        carrier transportation subject to jurisdiction under 
        subchapter I of chapter 135; or
          (2) by any means knowingly and willfully assists or 
        permits another person to get transportation that is 
        subject to jurisdiction under that subchapter at less 
        than the rate in effect for that transportation under 
        section 13702,
shall be fined at least $200 for the first violation and at 
least $250 for a subsequent violation.
  (b) Undercharging.--
          (1) Freight forwarder.--A freight forwarder providing 
        service subject to jurisdiction under subchapter III of 
        chapter 135, or an officer, agent, or employee of that 
        freight forwarder, that knowingly and willfully assists 
        a person in getting, or willingly permits a person to 
        get, service provided under that subchapter at less 
        than the rate in effect for that service under section 
        13702, shall be fined not more than $500 for the first 
        violation and not more than $2,000 for a subsequent 
        violation.
          (2) Agents and others.--A person that knowingly and 
        willfully by any means gets, or attempts to get, 
        service provided under subchapter III of chapter 135 at 
        less than the rate in effect for that service under 
        section 13702, shall be fined not more than $500 for 
        the first violation and not more than $2,000 for a 
        subsequent violation.

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

  (a) Civil Penalties.--Any person who knowingly authorizes, 
consents to, or permits a violation of subsection (a) or (b) of 
section 14103 or who knowingly violates subsection (a) of such 
section is liable to the United States Government for a civil 
penalty of not more than $10,000 for each violation.
  (b) Criminal Penalties.--Any person who knowingly violates 
section 14103(b) of this title shall be fined not more than 
$10,000, imprisoned for not more than 2 years, or both.

Sec. 14906. Evasion of regulation of carriers and brokers

  A person, or an officer, employee, or agent of that person 
that by any means knowingly and willfully tries to evade 
regulation provided under this part for carriers or brokers 
shall be fined at least $200 for the first violation and at 
least $250 for a subsequent violation.

Sec. 14907. Recordkeeping and reporting violations

  A person required to make a report to the Secretary or the 
Panel, as applicable, answer a question, or make, prepare, or 
preserve a record under this part about transportation subject 
to jurisdiction under subchapter I or III of chapter 135, or an 
officer, agent, or employee of that person, that--
          (1) willfully does not make that report;
          (2) willfully does not specifically, completely, and 
        truthfully answer that question in 30 days from the 
        date the Secretary or Panel, as applicable, requires 
        the question to be answered;
          (3) willfully does not make, prepare, or preserve 
        that record in the form and manner prescribed;
          (4) knowingly and willfully falsifies, destroys, 
        mutilates, or changes that report or record;
          (5) knowingly and willfully files a false report or 
        record;
          (6) knowingly and willfully makes a false or 
        incomplete entry in that record about a business 
        related fact or transaction; or
          (7) knowingly and willfully makes, prepares, or 
        preserves a record in violation of an applicable 
        regulation or order of the Secretary or Panel;
shall be fined not more than $5,000.

Sec. 14908. Unlawful disclosure of information

  (a) Disclosure of Shipment and Routing Information.--
          (1) Violations.--A carrier or broker providing 
        transportation subject to jurisdiction under subchapter 
        I, II, or III of chapter 135 or an officer, receiver, 
        trustee, lessee, or employee of that carrier or broker, 
        or another person authorized by that carrier or broker 
        to receive information from that carrier or broker may 
        not knowingly disclose to another person, except the 
        shipper or consignee, and another person may not 
        solicit, or knowingly receive, information about the 
        nature, kind, quantity, destination, consignee, or 
        routing of property tendered or delivered to that 
        carrier or broker for transportation provided under 
        this part without the consent of the shipper or 
        consignee if that information may be used to the 
        detriment of the shipper or consignee or may disclose 
        improperly to a competitor the business transactions of 
        the shipper or consignee.
          (2) Fine; venue.--A person violating paragraph (1) of 
        this subsection shall be fined not less than $2,000. 
        Trial in a criminal action under this paragraph is in 
        the judicial district in which any part of the 
        violation is committed.
  (b) Limitation on Statutory Construction.--This part does not 
prevent a carrier or broker providing transportation subject to 
jurisdiction under chapter 135 from giving information--
          (1) in response to legal process issued under 
        authority of a court of the United States or a State;
          (2) to an officer, employee, or agent of the United 
        States Government, a State, or a territory or 
        possession of the United States; or
          (3) to another carrier or its agent to adjust mutual 
        traffic accounts in the ordinary course of business.

Sec. 14909. Disobedience to subpoenas

  A person not obeying a subpoena or requirement of the 
Secretary or the Panel to appear and testify or produce records 
shall be fined not less than $5,000, imprisoned for not more 
than 1 year, or both.

Sec. 14910. General criminal penalty when specific penalty not provided

  When another criminal penalty is not provided under this 
chapter, a person that knowingly and willfully violates a 
provision of this part or a regulation or order prescribed 
under this part, or a condition of a registration under this 
part related to transportation that is subject to jurisdiction 
under subchapter I or III of chapter 135 or a condition of a 
registration under section 13902, shall be fined at least $500 
for the first violation and at least $500 for a subsequent 
violation. A separate violation occurs each day the violation 
continues.

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

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

Sec. 14912. Weight-bumping in household goods transportation

  (a) Weight-Bumping Defined.--For the purposes of this 
section, ``weight-bumping'' means the knowing and willful 
making or securing of a fraudulent weight on a shipment of 
household goods which is subject to jurisdiction under 
subchapter I or III of chapter 135.
  (b) Penalty.--Any individual who has been found to have 
committed weight-bumping shall, for each offense, be fined at 
least $1,000 but not more than $10,000, imprisoned for not more 
than 2 years, or both.

Sec. 14913. Conclusiveness of rates in certain prosecutions

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

                       SUBTITLE V--RAIL PROGRAMS

          * * * * * * *

                           PART B--ASSISTANCE

               CHAPTER 221--LOCAL RAIL FREIGHT ASSISTANCE

          * * * * * * *

Sec. 22106. Limitations on financial assistance

  (a) * * *
          * * * * * * *
  (e) Retention of Contingent Interest.--Each State shall 
retain a contingent interest (redeemable preference shares) for 
the Government's share of amounts in a rail line receiving 
assistance under this chapter. The State may collect its share 
of the amounts used for the rail line if--
          (1) [an application for abandonment of] a notice of 
        intent to abandon the rail line is filed under chapter 
        109 of this title; or
          * * * * * * *

                    CHAPTER 247--AMTRAK ROUTE SYSTEM

          * * * * * * *

Sec. 24705. Additional qualifying routes

  (a) * * *
          * * * * * * *
  [(d) Routes Discontinued by Rail Carriers.--Amtrak may 
undertake to provide rail passenger transportation between 
places served by a rail carrier filing a notice of 
discontinuance under section 10908 or 10909 of this title.]
          * * * * * * *

             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

          * * * * * * *

                           PART B--COMMERCIAL

              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY

          * * * * * * *

                   SUBCHAPTER III--SAFETY REGULATION

          * * * * * * *

Sec. 31132. Definitions

  In this subchapter--
          (1) ``commercial motor vehicle'' means a self-
        propelled or towed vehicle used on the highways in 
        interstate commerce to transport passengers or 
        property, if the vehicle--
                  (A) * * *
                  [(B) is designed to transport more than 15 
                passengers including the driver; or]
                  (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
                  [(C)] (D) is used in transporting material 
                found by the Secretary of Transportation to be 
                hazardous under section 5103 of this title and 
                transported in a quantity requiring placarding 
                under regulations prescribed by the Secretary 
                under section 5103.
          * * * * * * *

Sec. 31138. Minimum financial responsibility for transporting 
                    passengers

  (a) * * *
          * * * * * * *
  (c) Evidence of Financial Responsibility.--(1) * * *
          * * * * * * *
  (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.
          * * * * * * *
  (e) Nonapplication.--This section does not apply to a motor 
vehicle--
          (1) transporting only school children and teachers to 
        or from school;
          (2) providing taxicab service, having a seating 
        capacity of not more than 6 passengers, and not being 
        operated on a regular route or between specified 
        places; [or]
          (3) carrying not more than 15 individuals in a 
        single, daily round trip to and from work[.]; or
          (4) providing mass transportation service within a 
        transit service area in other than urbanized areas 
        under an agreement with a State or local government 
        funded, in whole or in part, with a grant under section 
        5310 or 5311, including transportation designed and 
        carried out to meet the special needs of elderly 
        individuals and individuals with disabilities; provided 
        that, in any case in which the transit service area is 
        located in more than 1 State, the minimum level of 
        financial responsibility for such motor vehicle will be 
        at least the highest level required for any of such 
        States.

Sec. 31139. Minimum financial responsibility for transporting property

  (a) * * *
          * * * * * * *
  (e) Evidence of Financial Responsibility.--(1) * * *
          * * * * * * *
  (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.
          * * * * * * *
                              ----------                              


                      TITLE 5, UNITED STATES CODE

          * * * * * * *

                   CHAPTER 53--PAY RATES AND SYSTEMS

          * * * * * * *

              SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

          * * * * * * *

Sec. 5314. Positions at level III

  Level III of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Solicitor General of the United States.
          * * * * * * *
          [Chairman, Interstate Commerce Commission.] Director, 
        Transportation Adjudication Panel.
          * * * * * * *

Sec. 5315. Positions at level IV

  Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Deputy Administrator of General Services. * * *
          [Members, Interstate Commerce Commission.] Members, 
        Transportation Adjudication Panel.
          * * * * * * *
                              ----------                              


               CHAPTER 11 OF TITLE 11, UNITED STATES CODE

                       CHAPTER 11--REORGANIZATION

          * * * * * * *

                 SUBCHAPTER IV--RAILROAD REORGANIZATION

          * * * * * * *

[Sec. 1162. Definition

  [In this subchapter, ``Commission'' means Interstate Commerce 
Commission.]

Sec. 1162. Definition

  In this subchapter, ``Panel'' means the ``Transportation 
Adjudication Panel''.
          * * * * * * *

Sec. 1164. Right to be heard

  The [Commission] Panel, the Department of Transportation, and 
any State or local commission having regulatory jurisdiction 
over the debtor may raise and may appear and be heard on any 
issue in a case under this chapter, but may not appeal from any 
judgment, order, or decree entered in the case.
          * * * * * * *

Sec. 1170. Abandonment of railroad line

  (a) The court, after notice and a hearing, may authorize the 
abandonment of a railroad line if such abandonment is--
          (1)(A) in the best interest of the estate; or
          (B) essential to the formulation of a plan; and
          (2) consistent with the public interest.
  (b) If, except for the pendency of the case under this 
chapter, such abandonment would require approval by the 
[Commission] Panel under a law of the United States, the 
trustee shall initiate an appropriate application for such 
abandonment with the [Commission] Panel. The court may fix a 
time within which the [Commission] Panel shall report to the 
court on such application.
  (c) After the court receives the report of the [Commission] 
Panel, or the expiration of the time fixed under subsection (b) 
of this section, whichever occurs first, the court may 
authorize such abandonment after notice to the [Commission] 
Panel, the Secretary of Transportation, the trustee, any party 
in interest that has requested notice, any affected shipper or 
community, and any other entity prescribed by the court, and a 
hearing.
  (d)(1) Enforcement of an order authorizing such abandonment 
shall be stayed until the time for taking an appeal has 
expired, or, if an appeal is timely taken, until such order has 
become final.
  (2) If an order authorizing the abandonment of a railroad 
line is appealed, the court, on request of a party in interest, 
may authorize termination of service on a line or a portion of 
a line pending the determination of such appeal, after notice 
to the [Commission] Panel, the Secretary of Transportation, the 
trustee, any party in interest that has requested notice, any 
affected shipper or community, and any other entity prescribed 
by the court, and a hearing. An appellant may not obtain a stay 
of the enforcement of an order authorizing such termination by 
the giving of a supersedeas bond or otherwise, during the 
pendency of such appeal.
          * * * * * * *

Sec. 1171. Priority claims

  (a) There shall be paid as an administrative expense any 
claim of an individual or of the personal representative of a 
deceased individual against the debtor or the estate, for 
personal injury to or death of such individual arising out of 
the operation of the debtor or the estate, whether such claim 
arose before or after the commencement of the case.
  (b) Any unsecured claim against the debtor that would have 
been entitled to priority if a receiver in equity of the 
property of the debtor had been appointed by a Federal court on 
the date of the order for relief under this title shall be 
entitled to such priority in the case under this chapter.

Sec. 1172. Contents of plan

  (a) In addition to the provisions required or permitted under 
section 1123 of this title, a plan--
          (1) shall specify the extent to and the means by 
        which the debtor's rail service is proposed to be 
        continued, and the extent to which any of the debtor's 
        rail service is proposed to be terminated; and
          (2) may include a provision for--
                  (A) the transfer of any or all of the 
                operating railroad lines of the debtor to 
                another operating railroad; or
                  (B) abandonment of any railroad line in 
                accordance with section 1170 of this title.
  (b) If, except for the pendency of the case under this 
chapter, transfer of, or operation of or over, any of the 
debtor's rail lines by an entity other than the debtor or a 
successor to the debtor under the plan would require approval 
by the [Commission] Panel under a law of the United States, 
then a plan may not propose such a transfer or such operation 
unless the proponent of the plan initiates an appropriate 
application for such a transfer or such operation with the 
[Commission] Panel and, within such time as the court may fix, 
not exceeding 180 days, the [Commission] Panel, with or without 
a hearing, as the [Commission] Panel may determine, and with or 
without modification or condition, approves such application, 
or does not act on such application. Any action or order of the 
[Commission] Panel approving, modifying, conditioning, or 
disapproving such application is subject to review by the court 
only under sections 706(2)(A), 706(2)(B), 706(2)(C), and 
706(2)(D) of title 5.
  (c)(1) In approving an application under subsection (b) of 
this section, the [Commission] Panel shall require the rail 
carrier to provide a fair arrangement at least as protective of 
the interests of employees as that established under section 
11347 of title 49.
  (2) Nothing in this subsection shall be deemed to affect the 
priorities or timing of payment of employee protection which 
might have existed in the absence of this subsection.
          * * * * * * *
                              ----------                              


              SECTION 6001 OF TITLE 18, UNITED STATES CODE

Sec. 6001. Definitions

  As used in this chapter--
          (1) ``agency of the United States'' means any 
        executive department as defined in section 101 of title 
        5, United States Code, a military department as defined 
        in section 102 of title 5, United States Code, the 
        Nuclear Regulatory Commission, the Board of Governors 
        of the Federal Reserve System, the China Trade Act 
        registrar appointed under 53 Stat. 1432 (15 U.S.C. sec. 
        143), the Commodity Futures Trading Commission, the 
        Federal Communications Commission, the Federal Deposit 
        Insurance Corporation, the Federal Maritime Commission, 
        the Federal Power Commission, the Federal Trade 
        Commission, the [Interstate Commerce Commission] 
        Transportation Adjudication Panel, the National Labor 
        Relations Board, the National Transportation Safety 
        Board, the Railroad Retirement Board, an arbitration 
        board established under 48 Stat. 1193 (45 U.S.C. sec. 
        157), the Securities and Exchange Commission, or a 
        board established under 49 Stat. 31 (15 U.S.C. sec. 
        715d);
          * * * * * * *
                              ----------                              


                     INTERNAL REVENUE CODE OF 1986

          * * * * * * *

                      Subtitle C--Employment Taxes

          * * * * * * *

                CHAPTER 22--RAILROAD RETIREMENT TAX ACT

          * * * * * * *

                    Subchapter D--General Provisions

          * * * * * * *

SEC. 3231. DEFINITIONS.

  (a) Employer.--For purposes of this chapter, the term 
``employer'' means any carrier (as defined in subsection (g)), 
and any company which is directly or indirectly owned or 
controlled by one or more such carriers or under common control 
therewith, and which operates any equipment or facility or 
performs any service (except trucking service, casual service, 
and the casual operation of equipment or facilities) in 
connection with the transportation of passengers or property by 
railroad, or the receipt, delivery, elevation, transfer in 
transit, refrigeration or icing, storage, or handling of 
property transported by railroad, and any receiver, trustee, or 
other individual or body, judicial or otherwise, when in the 
possession of the property or operating all or any part of the 
business of any such employer; except that the term 
``employer'' shall not include any street, interurban, or 
suburban electric railway, unless such railway is operating as 
a part of a general steam-railroad system of transportation, 
but shall not exclude any part of the general steam-railroad 
system of transportation now or hereafter operated by any other 
motive power. The [Interstate Commerce Commission] 
Transportation Adjudication Panel is hereby authorized and 
directed upon request of the Secretary, or upon complaint of 
any party interested, to determine after hearing whether any 
line operated by electric power falls within the terms of this 
exception. The term ``employer'' shall also include railroad 
associations, traffic associations, tariff bureaus, demurrage 
bureaus, weighing and inspection bureaus, collection agencies 
and other associations, bureaus, agencies, or organizations 
controlled and maintained wholly or principally by two or more 
employers as hereinbefore defined and engaged in the 
performance of services in connection with or incidental to 
railroad transportation; and railway labor organizations, 
national in scope, which have been or may be organized in 
accordance with the provisions of the Railway Labor Act, as 
amended (45 U.S.C., chapter 8), and their State and National 
legislative committees and their general committees and their 
insurance departments and their local lodges and divisions, 
established pursuant to the constitutions and bylaws of such 
organizations. The term ``employer'' shall not include any 
company by reason of its being engaged in the mining of coal, 
the supplying of coal to an employer where delivery is not 
beyond the mine tipple, and the operation of equipment or 
facilities therefor, or in any of such activities.
          * * * * * * *
  (g) Carrier.--For purposes of this chapter, the term 
``carrier'' means [an express carrier, sleeping car carrier, 
or] a rail carrier providing transportation subject to 
subchapter I of chapter 105 of title 49.
          * * * * * * *

                Subtitle F--Procedure and Administration

          * * * * * * *

                        CHAPTER 79--DEFINITIONS

          * * * * * * *

SEC. 7701. DEFINITIONS.

  (a) When used in this title, where not otherwise distinctly 
expressed or manifestly incompatible with the intent thereof--
          (1) * * *
          * * * * * * *
          (33) Regulated public utility.--The term ``regulated 
        public utility'' means--
                  (A) * * *
                  (B) A corporation engaged as a common carrier 
                in the furnishing or sale of transportation of 
                gas by pipe line, if subject to the 
                jurisdiction of the [Federal Power Commission] 
                Federal Energy Regulatory Commission.
                  (C) A corporation engaged as a common carrier 
                (i) in the furnishing or sale of transportation 
                by railroad, if subject to the jurisdiction of 
                the [Interstate Commerce Commission] 
                Transportation Adjudication Panel, or (ii) in 
                the furnishing or sale of transportation of oil 
                or other petroleum products (including shale 
                oil) by pipe line, if subject to the 
                jurisdiction of the [Interstate Commerce 
                Commission] Federal Energy Regulatory 
                Commission or if the rates for such furnishing 
                or sale are subject to the jurisdiction of a 
                public service or public utility commission or 
                other similar body of the District of Columbia 
                or of any State.
          * * * * * * *
                  (F) A corporation engaged in the furnishing 
                or sale of transportation by common carrier by 
                water, subject to the jurisdiction of the 
                [Interstate Commerce Commission under 
                subchapter III of chapter 105] Transportation 
                Adjudication Panel under subchapter II of 
                chapter 135 of title 49, or subject to the 
                jurisdiction of the Federal Maritime Board 
                under the Intercoastal Shipping Act, 1933.
                  (G) A railroad corporation subject to 
                [subchapter I of chapter 105] part A of 
                subtitle IV of title 49, if (i) substantially 
                all of its railroad properties have been leased 
                to another such railroad corporation or 
                corporations by an agreement or agreements 
                entered into before January 1, 1954, (ii) each 
                lease is for a term of more than 20 years, and 
                (iii) at least 80 percent or more of its gross 
                income (computed without regard to dividends 
                and capital gains and losses) for the taxable 
                year is derived from such leases and from 
                sources described in subparagraphs (A) through 
                (F), inclusive. For purposes of the preceding 
                sentence, an agreement for lease of railroad 
                properties entered into before January 1, 1954, 
                shall be considered to be a lease including 
                such term as the total number of years of such 
                agreement may, unless sooner terminated, be 
                renewed or continued under the terms of the 
                agreement, and any such renewal or continuance 
                under such agreement shall be considered part 
                of the lease entered into before January 1, 
                1954.
                  (H) A common parent corporation which is a 
                common carrier by railroad subject to 
                [subchapter I of chapter 105] part A of 
                subtitle IV of title 49 if at least 80 percent 
                of its gross income (computed without regard to 
                capital gains or losses) is derived directly or 
                indirectly from sources described in 
                subparagraphs (A) through (F), inclusive. For 
                purposes of the preceding sentence, dividends 
                and interest, and income from leases described 
                in subparagraph (G), received from a regulated 
                public utility shall be considered as derived 
                from sources described in subparagraphs (A) 
                through (F), inclusive, if the regulated public 
                utility is a member of an affiliated group (as 
                defined in section 1504) which includes the 
                common parent corporation.
        The term ``regulated public utility'' does not (except 
        as provided in subparagraphs (G) and (H)) include a 
        corporation described in subparagraphs (A) through (F), 
        inclusive, unless 80 percent or more of its gross 
        income (computed without regard to dividends and 
        capital gains and losses) for the taxable year is 
        derived from sources described in subparagraphs (A) 
        through (F), inclusive. If the taxpayer establishes to 
        the satisfaction of the Secretary that (i) its revenue 
        from regulated rates described in subparagraph (A) or 
        (D) and its revenue derived from unregulated rates are 
        derived from the operation of a single interconnected 
        and coordinated system or from the operation of more 
        than one such system, and (ii) the unregulated rates 
        have been and are substantially as favorable to users 
        and consumers as are the regulated rates, then such 
        revenue from such unregulated rates shall be 
        considered, for purposes of the preceding sentence, as 
        income derived from sources described in subparagraph 
        (A) or (D).
          * * * * * * *
                              ----------                              


                      TITLE 28, UNITED STATES CODE

          * * * * * * *

                    PART VI--PARTICULAR PROCEEDINGS

Chap.                                                               Sec.
151. Declaratory Judgments........................................  2201
     * * * * * * *
157. [Interstate Commerce Commission] Transportation Adjudication 
              Panel Orders; Enforcement and Review................  2321
     * * * * * * *

     CHAPTER 157--[INTERSTATE COMMERCE COMMISSION] TRANSPORTATION 
           ADJUDICATION PANEL ORDERS; ENFORCEMENT AND REVIEW

Sec.
2321. Judicial review of [Commission's] Panel's orders and decisions; 
          procedure generally; process.
     * * * * * * *

Sec. 2321. Judicial review of [Commission's] Panel's orders and 
                    decisions; procedure generally; process

  (a) Except as otherwise provided by an Act of Congress, a 
proceeding to enjoin or suspend, in whole or in part, a rule, 
regulation, or order of the [Interstate Commerce Commission] 
Transportation Adjudication Panel shall be brought in the court 
of appeals as provided by and in the manner prescribed in 
chapter 158 of this title.
  (b) The procedure in the district courts in actions to 
enforce, in whole or in part, any order of the [Interstate 
Commerce Commission] Transportation Adjudication Panel other 
than for payment of money or the collection of fines, 
penalties, and forfeitures, shall be as provided in this 
chapter.
  (c) The orders, writs, and process of the district courts 
may, in the cases specified in subsection (b) and in 
enforcement actions and actions to collect civil penalties 
under subtitle IV of title 49, run, be served and be returnable 
anywhere in the United States.
          * * * * * * *

Sec. 2323. Duties of Attorney General; intervenors

  The Attorney General shall represent the Government in the 
actions specified in section 2321 of this title and in 
enforcement actions and actions to collect civil penalties 
under subtitle IV of title 49.
  The [Interstate Commerce Commission] Transportation 
Adjudication Panel and any party or parties in interest to the 
proceeding before the [Commission] Panel, in which an order or 
requirement is made, may appear as parties of their own motion 
and as of right, and be represented by their counsel, in any 
action involving the validity of such order or requirement or 
any part thereof, and the interest of such party. Communities, 
associations, corporations, firms, and individuals interested 
in the controversy or question before the [Commission] Panel, 
or in any action commenced under the aforesaid sections may 
intervene in said action at any time after commencement 
thereof.
  The Attorney General shall not dispose of or discontinue said 
action or proceeding over the objection of such party or 
intervenor, who may prosecute, defend, or continue said action 
or proceeding unaffected by the action or nonaction of the 
Attorney General therein.

            CHAPTER 158--ORDERS OF FEDERAL AGENCIES; REVIEW

          * * * * * * *

Sec. 2341. Definitions

  As used in this chapter--
          (1) * * *
          * * * * * * *
          (3) ``agency'' means--
                  (A) the Commission, when the order sought to 
                be reviewed was entered by the Federal 
                Communications Commission, the Federal Maritime 
                Commission, [the Interstate Commerce 
                Commission,] or the Atomic Energy Commission, 
                as the case may be;
                  (B) the Secretary, when the order was entered 
                by the Secretary of Agriculture or the 
                Secretary of Transportation;
                  (C) the Administration, when the order was 
                entered by the Maritime Administration; [and]
                  (D) the Secretary, when the order is under 
                section 812 of the Fair Housing Act[.]; and
                  (E) the Panel, when the order was entered by 
                the Transportation Adjudication Panel.
          * * * * * * *

Sec. 2342. Jurisdiction of court of appeals

  The court of appeals (other than the United States Court of 
Appeals for the Federal Circuit) has exclusive jurisdiction to 
enjoin, set aside, suspend (in whole or in part), or to 
determine the validity of--
          (1) * * *
          * * * * * * *
          (3) all rules, regulations, or final orders of--
                  (A) the Secretary of Transportation issued 
                pursuant to section 2, 9, 37, 41, or 43 of the 
                Shipping Act, 1916 (46 U.S.C. App. 802, 803, 
                808, 835, 839, and 841a) or pursuant to part B 
                of subtitle IV of title 49, United States Code; 
                and
          * * * * * * *
          [(5) all rules, regulations, or final orders of the 
        Interstate Commerce Commission made reviewable by 
        section 2321 of this title and all final orders of such 
        Commission made reviewable under section 11901(j)(2) of 
        title 49, United States Code;]
          (5) all rules, regulations, or final orders of the 
        Transportation Adjudication Panel made reviewable by 
        section 2321 of this title; and
          * * * * * * *
                              ----------                              


                      TITLE 39, UNITED STATES CODE

                     PART V--TRANSPORTATION OF MAIL

          * * * * * * *

                          CHAPTER 50--GENERAL

          * * * * * * *

Sec. 5005. Mail transportation

  (a) * * *
          * * * * * * *
  (b)(1) Contracts for the transportation of mail procured 
under subsection (a)(4) of this section shall be for periods 
not in excess of 4 years (or where the Postal Service 
determines that special conditions or the use of special 
equipment warrants, not in excess of 6 years) and shall be 
entered into only after advertising a sufficient time 
previously for proposals. The Postal Service, with the consent 
of the holder of any such contract, may adjust the compensation 
allowed under that contract for increased or decreased costs 
resulting from changed conditions occurring during the term of 
the contract.
          * * * * * * *
  (3) Any contract between the Postal Service and any carrier 
or person for the transportation of mail shall be available for 
inspection in the office of the Postal Service and either the 
[Interstate Commerce Commission] Transportation Adjudication 
Panel or the Secretary of Transportation if for the carriage of 
mail in foreign air transportation (as defined in section 
40102(a) of title 49), as appropriate, and in post offices on 
the post roads involved as determined by the Postal Service, at 
least 15 days prior to the effective date of the contract.
          * * * * * * *

         CHAPTER 52--TRANSPORTATION OF MAIL BY SURFACE CARRIER

Sec.
5201. Definitions.
     * * * * * * *
5207. [Interstate Commerce Commission] Transportation Adjudication Panel 
          to fix rates.
          * * * * * * *

Sec. 5201. Definitions

  For purposes of this chapter--
          [(1) ``Commission'' means the Interstate Commerce 
        Commission;]
          (1) ``Panel'' means the Transportation Adjudication 
        Panel;
          * * * * * * *
          (4) ``freight forwarder'' means any regulated freight 
        forwarder which holds itself out to the general public 
        as a common carrier to transport or provide 
        transportation of property as authorized by a permit 
        issued by the [Commission] Panel;
          (5) ``motor common carrier'' means a motor common 
        carrier, except a passenger-carrying motor vehicle of 
        such a carrier, within the meaning of section 10102(13) 
        of title 49, that holds a certificate of public 
        convenience and necessity issued by the [Commission] 
        Panel;
          * * * * * * *
          (7) ``person'' includes any person other than a 
        carrier holding a certificate of public convenience and 
        necessity issued by the [Commission] Panel; and
          * * * * * * *

Sec. 5203. Authorization of service by carrier

  (a) * * *
          * * * * * * *
  [(f) Any order or determination of the Postal Service 
providing for the transportation of mail by a motor common 
carrier shall be filed with the Commission. If the Commission 
finds, within 90 days after the filing, that the order or 
determination will be detrimental to the motor common carrier 
or its other customers, or that such carrier does not operate 
equipment suitable for the transportation of mail, the order or 
determination shall be terminated.]
  [(g)] (f) An order or determination of the Postal Service 
under this section shall be consistent with the orders of the 
[Commission] Panel under sections 5207 and 5208 of this title.
          * * * * * * *

Sec. 5207. [Interstate Commerce Commission] Transportation Adjudication 
                    Panel to fix rates

  (a) The [Commission] Panel shall determine and fix the fair 
and reasonable rates or compensation for the transportation of 
mail by carrier and the service connected therewith, and shall 
prescribe the method of computing such rates or compensation. 
The [Commission] Panel shall publish its orders stating its 
determination under this section which shall remain in force 
until changed by it after notice and hearing.
  (b) For the purpose of determining and fixing rates or 
compensation under this section, the [Commission] Panel may 
make just and reasonable classifications of carriers and, where 
just and equitable, fix general rates applicable to carriers in 
the same classification.
  (c) In determining and fixing fair and reasonable rates or 
compensation under this section, the [Commission] Panel shall 
consider the relation between the Government and carriers as 
public service corporations, and the nature of public service 
as distinguished, if there is a distinction, from the ordinary 
transportation business of the carriers.
  (d) Initial rates or compensation for mail transportation 
service by any carrier or carriers shall be those agreed to by 
the Postal Service and the carrier or carriers, and such rates 
or compensation shall continue in effect until such time as the 
[Commission] Panel fixes the rates or compensation under 
subsection (a) of this section.

Sec. 5208. Procedures

  (a) At any time after 6 months from the entry of an order 
stating the [Commission's] Panel's determination under section 
5207 of this title, the Postal Service or an interested carrier 
may apply for a reexamination and substantially similar 
proceedings as have theretofore been had shall be followed with 
respect to the rates of compensation for services covered by 
the application. At the conclusion of the hearing the 
[Commission] Panel shall enter an order stating its 
determination.
          * * * * * * *
  (c) The Postal Service may file with the [Commission] Panel a 
comprehensive plan stating--
          (1) * * *
          * * * * * * *
          (5) all other information which may be material to 
        the inquiry, but such other information may be filed at 
        any time in the discretion of the [Commission] Panel.
  (d) When a comprehensive plan is filed, the [Commission] 
Panel shall give notice of not less than 30 days to each 
carrier required by the Postal Service to transport mail 
pursuant to such plan. A carrier may file its answer at the 
time fixed by the [Commission] Panel, but not later than 30 
days after the expiration date fixed by the [Commission] Panel 
in the notice, and the [Commission] Panel shall proceed with 
the hearing.

Sec. 5209. Special rates

  Upon petition by the Postal Service, the [Commission] Panel 
shall determine and fix carload or truckload, or less than 
carload or truckload, rates for the transportation of mail not 
entitled to high priority in transportation. A carrier shall 
perform the service at the rates so determined when requested 
to do so and under the conditions prescribed by the Postal 
Service.
          * * * * * * *

Sec. 5212. Special contracts

  The Postal Service may enter into special contracts with any 
carrier or person, without advertising, for bids and for 
periods not in excess of 4 years. It may contract to pay lower 
rates or compensation or, where in its judgment conditions 
warrant, higher rates or compensation than those determined or 
fixed by the [Commission] Panel. The fact that the [Commission] 
Panel has not prescribed rates or compensation for the carrier 
involved, under section 5207 of this title, shall not preclude 
execution of a contract under this section. Such contracts may 
be negotiated only after reasonable notice has been posted in 
advance in post offices on the post roads to be served, and 
other carriers or persons have been given an opportunity to 
offer to negotiate for the transportation of mail.
          * * * * * * *

Sec. 5215. Star route certification

  (a) Any person who was a contractor under a star route, mail 
messenger, or contract motor vehicle service contract on the 
effective date of this section (or successor in interest to any 
such person), shall, upon application to the [Commission] Panel 
for the territory within which such contractor operated on or 
before the effective date of this section be issued a 
certificate of public convenience and necessity as a motor 
common carrier for the transportation of mail by the 
[Commission] Panel without the [Commission's] Panel's requiring 
further proof that the public convenience and necessity will be 
served by such operation and without further proceedings.
  (b) Applications of persons who were not contractors on the 
effective date of this section shall be decided in accordance 
with applicable [Commission] Panel procedure.
          * * * * * * *
                              ----------                              


         SECTION 201 OF THE AGRICULTURAL ADJUSTMENT ACT OF 1938

             ADJUSTMENTS IN FREIGHT RATES FOR FARM PRODUCTS

  Sec. 201. (a) The Secretary of Agriculture is authorized to 
make complaint to the [Interstate Commerce Commission] 
Transportation Adjudication Panel with respect to rates, 
charges, tariffs, and practices relating to the transportation 
of farm products, and to prosecute the same before the 
[Commission] Panel. Before hearing or disposing of any 
complaint (filed by any person other than the Secretary) with 
respect to rates, charges, tariffs, and practices relating to 
the transportation of farm products, the [Commission] Panel 
shall cause the Secretary to be notified, and, upon application 
by the Secretary, shall permit the Secretary to appear and be 
heard.
  (b) If such rate, charge, tariff, or practice complained of 
is one affecting the public interest, upon application by the 
Secretary, the [Commission] Panel shall make the Secretary a 
party to the proceeding. In such case the Secretary shall have 
the rights of a party before the [Commission] Panel and the 
rights of a party to invoke and pursue original and appellate 
judicial proceedings involving the [Commission's] Panel's 
determination. The liability of the Secretary in any such case 
shall extend only to liability for court costs.
  (c) For the purposes of this section, the [Interstate 
Commerce Commission] Transportation Adjudication Panel is 
authorized to avail itself of the cooperation, records, 
services, and facilities of the Department of Agriculture.
  (d) The Secretary is authorized to cooperate with and assist 
cooperative associations of farmers making complaint to the 
[Interstate Commerce Commission] Transportation Adjudication 
Panel with respect to rates, charges, tariffs, and practices 
relating to the transportation of farm products.
                              ----------                              


                  SECTION 15 OF THE ANIMAL WELFARE ACT

  Sec. 15. (a) The Secretary shall consult and cooperate with 
other Federal departments, agencies, or instrumentalities 
concerned with the welfare of animals used for research, 
experimentation or exhibition or administration of statutes 
regulating the transportation in commerce or handling in 
connection therewith of any animals when establishing standards 
pursuant to section 13 and in carrying out the purposes of this 
Act. The Secretary shall consult with the Secretary of Health 
and Human Services prior to issuance of regulations. Before 
promulgating any standard governing the air transportation and 
handling in connection therewith, of animals, the Secretary 
shall consult with the Secretary of Transportation who shall 
have the authority to disapprove any such standard if he 
notifies the Secretary, within 30 days after such consultation, 
that changes in its provisions are necessary in the interest of 
flight safety. The [Interstate Commerce Commission] 
Transportation Adjudication Panel, the Secretary of 
Transportation, and the Federal Maritime Commission, to the 
extent of their respective lawful authorities, shall take such 
action as is appropriate to implement any standard established 
by the Secretary with respect to a person subject to regulation 
by it.
          * * * * * * *
                              ----------                              


        SECTION 401 OF THE FEDERAL ELECTION CAMPAIGN ACT OF 1971

              extension of credit by regulated industries

      Sec. 401. The Secretary of Transportation, the Federal 
Communications Commission, and the [Interstate Commerce 
Commission shall each promulgate, within ninety days after the 
date of enactment of this Act] Transportation Adjudication 
Panel shall each maintain, its own regulations with respect to 
the extension of credit, without security, by any person 
regulated by such Secretary under subpart II of part A of 
subtitle VII of title 49, United States Code, or such 
Commission or Board, to any candidate for Federal office, or to 
any person on behalf of such a candidate, for goods furnished 
or services rendered in connection with the campaign of such 
candidate for nomination for election, or election, to such 
office.
                              ----------                              


              SECTION 621 OF THE FAIR CREDIT REPORTING ACT

Sec. 621. Administrative enforcement

  (a) * * *
  (b) Compliance with the requirements imposed under this title 
with respect to consumer reporting agencies and persons who use 
consumer reports from such agencies shall be enforced under--
          (1) * * *
          * * * * * * *
          (4) the Acts to regulate commerce, by the [Interstate 
        Commerce Commission with respect to any common carrier 
        subject to those Acts] Secretary of Transportation, 
        with respect to all carriers subject to the 
        jurisdiction of the Transportation Adjudication Panel;
          * * * * * * *
                              ----------                              


            SECTION 704 OF THE EQUAL CREDIT OPPORTUNITY ACT

Sec. 704. Administrative enforcement

  (a) Compliance with the requirements imposed under this title 
shall be enforced under:
          (1) * * *
          * * * * * * *
          (4) The Acts to regulate commerce, by the [Interstate 
        Commerce Commission with respect to any common carrier 
        subject to those Acts] Secretary of Transportation, 
        with respect to all carriers subject to the 
        jurisdiction of the Transportation Adjudication Panel.
          * * * * * * *
                              ----------                              


         SECTION 814 OF THE FAIR DEBT COLLECTION PRACTICES ACT

Sec. 814. Administrative enforcement

  (a) * * *
  (b) Compliance with any requirements imposed under this title 
shall be enforced under--
          (1) * * *
          * * * * * * *
          (4) the Acts to regulate commerce, by the [Interstate 
        Commerce Commission with respect to any common carrier 
        subject to those Acts] Secretary of Transportation, 
        with respect to all carriers subject to the 
        jurisdiction of the Transportation Adjudication Panel;
          * * * * * * *
                              ----------                              


                       NATIONAL TRAILS SYSTEM ACT

          * * * * * * *

                   state and metropolitan area trails

  Sec. 8. (a) * * *
          * * * * * * *
  (d) The Secretary of Transportation, the [Chairman of the 
Interstate Commerce Commission] Director of the Transportation 
Adjudication Panel, and the Secretary of the Interior, in 
administering the Railroad Revitalization and Regulatory Reform 
Act of 1976, shall encourage State and local agencies and 
private interests to establish appropriate trails using the 
provisions of such programs. Consistent with the purposes of 
that Act, and in furtherance of the national policy to preserve 
established railroad rights-of-way for future reactivation of 
rail service, to protect rail transportation corridors, and to 
encourage energy efficient transportation use, in the case of 
interim use of any established railroad rights-of-way pursuant 
to donation, transfer, lease, sale, or otherwise in a manner 
consistent with the National Trails System Act, if such interim 
use is subject to restoration or reconstruction for railroad 
purposes, such interim use shall not be treated, for purposes 
of any law or rule of law, as an abandonment of the use of such 
rights-of-way for railroad purposes. If a State, political 
subdivision, or qualified private organization is prepared to 
assume full responsibility for management of such rights-of-way 
and for any legal liability arising out of such transfer or 
use, and for the payment of any and all taxes that may be 
levied or assessed against such rights-of-way, then the 
[Commission] Panel shall impose such terms and conditions as a 
requirement of any transfer or conveyance for interim use in a 
manner consistent with this Act, and shall not permit 
abandonment or discontinuance inconsistent or disruptive of 
such use.
          * * * * * * *

                   rights-of-way and other properties

  Sec. 9. (a) * * *
  (b) The Department of Defense, the Department of 
Transportation, the [Interstate Commerce Commission] 
Transportation Adjudication Panel, the Federal Communications 
Commission, the Federal Power Commission, and other Federal 
agencies have jurisdiction or control over or information 
concerning the use, abandonment, or disposition of road ways, 
utility rights-of-way, or other properties which may be 
suitable for the purpose of improving or expanding the national 
trails system shall cooperate with the Secretary of the 
Interior and the Secretary of Agriculture in order to assure, 
to the extent practicable, that any such properties having 
values suitable for trail purposes may be made available for 
such use.
          * * * * * * *
                              ----------                              


                              CLAYTON ACT

          * * * * * * *
  Sec. 7. That no person engaged in commerce or in any activity 
affecting commerce shall acquire, directly or indirectly, the 
whole or any part of the stock or other share capital and no 
person subject to the jurisdiction of the Federal Trade 
Commission shall acquire the whole or any part of the assets of 
another person engaged also in commerce or in any activity 
affecting commerce, where in any line of commerce or in any 
activity affecting commerce in any section of the country, the 
effect of such acquisition may be substantially to lessen 
competition, or to tend to create a monopoly.
          * * * * * * *
  Nothing contained in this section shall be held to affect or 
impair any right heretofore legally acquired: Provided, That 
nothing in this section shall be held or construed to authorize 
or made lawful anything heretofore prohibited or made illegal 
by the antitrust laws, nor to exempt any person from the penal 
provisions thereof or the civil remedies therein provided.
  Nothing contained in this section shall apply to transactions 
duly consummated pursuant to authority given by the Secretary 
of Transportation, Federal Communications Commission, Federal 
Power Commission, [Interstate Commerce Commission] 
Transportation Adjudication Panel, the Securities and Exchange 
Commission in the exercise of its jurisdiction under section 10 
of the Public Utility Holding Company Act of 1935, the United 
States Maritime Commission, or the Secretary of Agriculture 
under any statutory provision vesting such power in such 
Commission, Board, or Secretary.
          * * * * * * *
  Sec. 11. (a) That authority to enforce compliance with 
sections 2, 3, 7, and 8 of this Act by the persons respectively 
subject thereto is hereby vested in the [Interstate Commerce 
Commission where applicable to common carriers subject to the 
Interstate Commerce Act, as amended] Transportation 
Adjudication Panel where applicable to common carriers subject 
to subtitle IV of title 49, United States Code; in the Federal 
Communications Commission where applicable to common carriers 
engaged in wire or radio communication or radio transmission of 
energy; in the Secretary of Transportation where applicable to 
air carriers and foreign air carriers subject to 
the Federal Aviation Act of 1958; in the Federal Reserve Board 
where applicable to banks, banking associations, and trust 
companies; and in the Federal Trade Commission where applicable 
to all other character of commerce to be exercised as follows:
          * * * * * * *
  Sec. 16. That any person, firm, corporation, or association 
shall be entitled to sue for and have injunctive relief, in any 
court of the United States having jurisdiction over the 
parties, against threatened loss or damage by a violation of 
the antitrust laws, including sections two, three, seven and 
eight of this Act, when and under the same conditions and 
principles as injunctive relief against threatened conduct that 
will cause loss or damage is granted by courts of equity, under 
the rules governing such proceedings, and upon the execution of 
proper bond against damages for an injunction improvidently 
granted and a showing that the danger of irreparable loss or 
damage is immediate, a preliminary injunction may issue: 
Provided, That nothing herein contained shall be construed to 
entitle any person, firm, corporation, or association, except 
the United States, to bring suit [in equity for injunctive 
relief against any common carrier subject to the provisions of 
the Act to regulate commerce approved February fourth, eighteen 
hundred and eighty-seven, in respect of any matter subject to 
the regulation, supervision, or other jurisdiction of the 
Interstate Commerce Commission] for injunctive relief against 
any common carrier subject to the jurisdiction of the 
Transportation Adjudication Panel under subtitle IV of title 
49, United States Code. In any action under this section in 
which the plaintiff substantially prevails, the court shall 
award the cost of suit, including a reasonable attorney's fee, 
to such plaintiff.
          * * * * * * *
                              ----------                              


                SECTION 8G OF THE INSPECTOR GENERAL ACT

   requirements for federal entities and designated federal entities

  Sec. 8G. (a) Notwithstanding section 11 of this Act, as used 
in this section--
          (1) * * *
          (2) the term ``designated Federal entity'' means 
        Amtrak, the Appalachian Regional Commission, the Board 
        of Governors of the Federal Reserve System, the Board 
        for International Broadcasting, the Commodity Futures 
        Trading Commission, the Consumer Product Safety 
        Commission, the Corporation for Public Broadcasting, 
        the Equal Employment Opportunity Commission, the Farm 
        Credit Administration, the Federal Communications 
        Commission, the Federal Deposit Insurance Corporation, 
        the Federal Election Commission, the Federal Housing 
        Finance Board, the Federal Labor Relations Authority, 
        the Federal Maritime Commission, the Federal Trade 
        Commission, [the Interstate Commerce Commission,] the 
        Legal Services Corporation, the National Archives and 
        Records Administration, the National Credit Union 
        Administration, the National Endowment for the Arts, 
        the National Endowment for the Humanities, the National 
        Labor Relations Board, the National Science Foundation, 
        the Panama Canal Commission, the Peace Corps, the 
        Pension Benefit Guaranty Corporation, the Securities 
        and Exchange Commission, the Smithsonian Institution, 
        the Tennessee Valley Authority, the United States 
        International Trade Commission, and the United States 
        Postal Service;
          * * * * * * *
                              ----------                              


             SECTION 1340 OF THE ENERGY POLICY ACT OF 1992

SEC. 1340. ESTABLISHMENT OF DATA BASE AND STUDY OF TRANSPORTATION 
                    RATES.

  (a) Data Base.--The Secretary shall review the information 
currently collected by the Federal Government and shall 
determine whether information on transportation rates for rail 
and pipeline transport of domestic coal, oil, and gas during 
the period of January 1, 1988, through December 31, 1997, is 
reasonably available. If he determines that such information is 
not reasonably available, the Secretary shall establish a data 
base containing, to the maximum extent practicable, information 
on all such rates. The confidentiality of contract rates shall 
be preserved. To obtain data pertaining to rail contract rates, 
the Secretary shall acquire such data in aggregate form only 
from the [Interstate Commerce Commission] Transportation 
Adjudication Panel, under terms and conditions that maintain 
the confidentiality of such rates.
          * * * * * * *
  (d) Consultation With Other Agencies.--The Secretary and the 
Energy Information Administration shall consult with the 
Chairmen of the Federal Energy Regulatory Commission and the 
[Interstate Commerce Commission] Transportation Adjudication 
Panel in implementing this section.
                              ----------                              


                       MERCHANT MARINE ACT, 1920

          * * * * * * *
    Sec. 8. That it shall be the duty of the Secretary of 
Transportation, in cooperation with the Secretary of War, with 
the object of promoting, encouraging, and developing ports and 
transportation facilities in connection with water commerce 
over which he has jurisdiction, to investigate territorial 
regions and zones tributary to such ports, taking into 
consideration the economies of transportation by rail, water, 
and highway and the natural direction of the flow of commerce; 
to investigate the causes of the congestion of commerce at 
ports and the remedies applicable thereto; to investigate the 
subject of water terminals, including the necessary docks, 
warehouses, apparatus, equipment, and appliances in connection 
therewith, with a view to devising and suggesting the types 
most appropriate for different locations and for the most 
expeditious and economical transfer or interchange of 
passengers or property between carriers by water and carriers 
by rail; to advise with communities regarding the appropriate 
location and plan of construction of wharves, piers, and water 
terminals; to investigate the practicability and advantages of 
harbor, river, and port improvements in connection with foreign 
and coastwise trade; and to investigate any other matter that 
may tend to promote and encourage the use by vessels of ports 
adequate to care for the freight which would naturally pass 
through such ports: Provided, That if after such investigation 
the Secretary of Transportation shall be of the opinion that 
rates, charges, rules, or regulations of common carriers by 
rail subject to the jurisdiction of the [Interstate Commerce 
Commission] Transportation Adjudication Panel are detrimental 
to the declared object of this section, or that new rates, 
charges, rules, or regulations new or additional port terminal 
facilities, or affirmative action on the part of such common 
carriers by rail is necessary to promote the objects of this 
section, the Secretary of Transportation may submit his 
findings to the [Interstate Commerce Commission] for such 
action as such [commission] board may consider proper under 
existing law.
          * * * * * * *
    Sec. 28. That no common carrier shall charge, collect, or 
receive, for transportation subject to the Interstate Commerce 
Act of persons or property, under any joint rate, fare, or 
charge, or under any export, import or other proportional rate, 
fare, or charge, which is based in whole or in part on the fact 
that the persons or property affected thereby is to be 
transported to, or has been transported from any port in a 
possession or dependency of the United States, or in a foreign 
country, by a carrier by water in foreign commerce, any lower 
rate, fare, or charge than that charged, collected, or received 
by it for the transportation of persons, or of a like kind of 
property, for the same distance, in the same direction, and 
over the same route, in connection with commerce wholly within 
the United States, unless the vessel so transporting such 
persons or property is, or unless it was at the time of such 
transportation by water, documented under the laws of the 
United States. Whenever the Secretary of Transportation is of 
the opinion, however, that adequate shipping facilities to or 
from any port in a possession or dependency of the United 
States or a foreign country are not afforded by vessels so 
documented, he shall certify this fact to the [Interstate 
Commerce Commission] Transportation Adjudication Panel, and the 
[commission] Panel may, by order suspend the operation of the 
provisions of this section with respect to the rates, fares, 
and charges for the transportation by rail and persons and 
property transported from, or to be transported to, such ports, 
for such length of time and under such terms and conditions as 
it may prescribe in such order or in any order supplemental 
thereto. Such suspension of operation of the provisions of this 
section may be terminated by order of the [commission] Panel 
whenever the Secretary of Transportation is of the opinion that 
adequate shipping facilities by such vessels to such ports are 
afforded and shall so certify to the [commission] Panel.
          * * * * * * *
                              ----------                              


                   SECTION 1 OF THE RAILWAY LABOR ACT

                              definitions

  Section 1. When used in this Act and for the purposes of this 
Act--
  First. The term ``carrier'' includes any [express company, 
sleeping-car company, carrier by railroad, subject to the 
Interstate Commerce Act] railroad subject to the jurisdiction 
of the Transportation Adjudication Panel, and any company which 
is directly or indirectly owned or controlled by or under 
common control with any carrier by railroad and which operates 
any equipment or facilities or performs any service (other than 
trucking service) in connection with the transportation, 
receipt, delivery, elevation, transfer in transit, 
refrigeration or icing, storage, and handling of property 
transported by railroad, and any receiver, trustee, or other 
individual or body, judicial or otherwise, when in the 
possession of the business of any such ``carrier'': Provided, 
however, That the term ``carrier'' shall not include any 
street, interurban, or suburban electric railway unless such 
railway is operating as a part of a general steam-railroad 
system of transportation, but shall not exclude any part of the 
general steam-railroad system of transportation now or 
hereafter operated by any other motive power. The [Interstate 
Commerce Commission] Transportation Adjudication Panel is 
hereby authorized and directed upon request of the Mediation 
Board or upon complaint of any party interested to determine 
after hearing whether any line operated by electric power falls 
within the terms of this proviso. The term ``carrier'' shall 
not include any company by reason of its being engaged in the 
mining of coal, the supplying of coal to a carrier where 
delivery is not beyond the mine tipple, and the operation of 
equipment or facilities therefor, or in any of such activities.
          * * * * * * *
  Fifth. The term ``employee'' as used herein includes every 
person in the service of a carrier (subject to its continuing 
authority to supervise and direct the manner of rendition of 
his service) who performs any work defined as that of an 
employee or subordinate official in the orders of the 
[Interstate Commerce Commission] Transportation Adjudication 
Panel now in effect, and as the same may be amended or 
interpreted by orders hereafter entered by the [Commission] 
Panel pursuant to the authority which is hereby conferred upon 
it to enter orders amending or interpreting such existing 
orders: Provided, however, That no occupational classification 
made by order of the [Interstate Commerce Commission] 
Transportation Adjudication Panel shall be construed to define 
the crafts according to which railway employees may be 
organized by their voluntary action, nor shall the jurisdiction 
or powers of such employee organizations be regarded as in any 
way limited or defined by the provisions of this Act or by the 
orders of the [Commission] Panel.
  The term ``employee'' shall not include any individual while 
such individual is engaged in the physical operations 
consisting of the mining of coal, the preparation of coal, the 
handling (other than movement by rail with standard railroad 
locomotives) of coal not beyond the mine tipple, or the loading 
of coal at the tipple.
          * * * * * * *
                              ----------                              


            SECTION 1 OF THE RAILROAD RETIREMENT ACT OF 1974

                              definitions

  Section 1. For the purposes of this Act--
  (a)(1) The term ``employer'' shall include--
          [(i) any express company, sleeping-car company, and 
        carrier by railroad, subject to part I of the 
        Interstate Commerce Act;]
          (i) any carrier by railroad subject to the 
        jurisdiction of the Transportation Adjudication Panel 
        under part A of subtitle IV of title 49, United States 
        Code;
          * * * * * * *
  (2) Notwithstanding the provisions of subdivision (1) of this 
subsection, the term ``employer'' shall not include--
          (i) * * *
          (ii) any street, interurban, or suburban electric 
        railway, unless such railway is operating as a part of 
        a general diesel-railroad system of transportation, but 
        shall not exclude any part of the general diesel-
        railroad system of transportation now or hereafter 
        operated by any other motive power. The [Interstate 
        Commerce Commission is hereby authorized and directed 
        upon request of the Board] Transportation Adjudication 
        Panel is hereby authorized and directed upon request of 
        the Railroad Retirement Board, or upon complaint of any 
        party interested, to determine after hearing whether 
        any line operated by electric power falls within the 
        terms of this paragraph.
          * * * * * * *
  (o) An individual shall be deemed to have a ``current 
connection with the railroad industry'' at the time an annuity 
begins to accrue to him and at death if, in any thirty 
consecutive calendar months before the month in which an 
annuity under this Act begins to accrue to him or the month in 
which he dies if that first occurs, he will have been in 
service as an employee in not less than twelve calendar months 
and, if such thirty calendar months do not immediately precede 
such month, he will not have been engaged in any regular 
employment other than employment for an employer or employment 
with the Department of Transportation, the Interstate Commerce 
Commission, the Transportation Adjudication Panel, the National 
Mediation Board, the National Transportation Safety Board, the 
State-owned railroad (as defined in the Alaska Railroad 
Transfer Act of 1982), so long as it is an instrumentality of 
the State of Alaska, or the Railroad Retirement Board in the 
period before such month and after the end of such thirty 
months. For purposes of section 2(b) and section 2(d) only, an 
individual shall be deemed also to have a ``current connection 
with the railroad industry'' if, after having completed twenty-
five years of service, such individual involuntarily and 
without fault ceased rendering service as an employee under 
this Act and did not thereafter decline an offer of employment 
in the same class or craft as the individual's most recent 
employee service. For purposes of section 2(d) only, an 
individual shall be deemed to have a ``current connection with 
the railroad industry'' if a pension will have been payable to 
that individual under the Railroad Retirement Act of 1937 or a 
retirement annuity based on service of not less than 10 years 
(as computed in awarding the annuity) will have begun to accrue 
to that individual prior to 1948 under the Railroad Retirement 
Act of 1937. For the purposes of section 2(d) only, an 
individual shall be deemed also to have a ``current connection 
with the railroad industry'' if he will have completed ten 
years of service and (A) he would be neither fully nor 
currently insured under the Social Security Act if his service 
as an employee after December 31, 1936, were included in the 
term ``employment'' as defined in that Act, or (B) he has no 
quarters of coverage under the Social Security Act.
          * * * * * * *
                              ----------                              


                  RAILROAD UNEMPLOYMENT INSURANCE ACT

                              definitions

  Section 1. For the purposes of this Act, except when used in 
amending the provisions of other Acts--
  (a) The term ``employer'' means any carrier (as defined in 
subsection (b) of this section), and any company which is 
directly or indirectly owned or controlled by one or more such 
carriers or under common control therewith, and which operates 
any equipment or facility or performs any service (except 
trucking service, casual service, and the casual operation of 
equipment or facilities) in connection with the transportation 
of passengers or property by railroad or the receipt, delivery, 
elevation, transfer in transit, refrigeration, or icing, 
storage, or handling of property transported by railroad, and 
any receiver, trustee, or other individual or body, judicial or 
otherwise, when in the possession of the property or operating 
all or any part of the business of any such employer: Provided, 
however, That the term ``employer'' shall not include any 
street, interurban, or suburban electric railway, unless such 
railway is operating as a part of a general steam-railroad 
system of transportation, but shall not exclude any part of the 
general steam-railroad system of transportation now or 
hereafter operated by any other motive power. The [Interstate 
Commerce Commission is hereby authorized and directed upon 
request of the Board] Transportation Adjudication Panel is 
hereby authorized and directed upon request of the Railroad 
Retirement Board, or upon complaint of any party interested, to 
determine after hearing whether any line operated by electric 
power falls within the terms of this proviso. The term 
``employer'' shall also include railroad associations, traffic 
associations, tariff bureaus, demurrage bureaus, weighing and 
inspection bureaus, collection agencies, and other 
associations, bureaus, agencies, or organizations controlled 
and maintained wholly or principally by two or more employers 
as hereinbefore defined and engaged in the performance of 
services in connection with or incidental to railroad 
transportation; and railway labor organizations, national in 
scope, which have been or may be organized in accordance with 
the provisions of the Railway Labor Act, and their State and 
National legislative committees and their general committees 
and their insurance departments and their local lodges and 
divisions, established pursuant to the constitution and by-laws 
of such organizations. The term ``employer'' shall not include 
any company by reason of its being engaged in the mining of 
coal, the supplying of coal to an employer where delivery is 
not beyond the mine tipple, and the operation of equipment or 
facilities therefor, or in any of such activities.
  [(b) The term ``carrier'' means an express company, sleeping-
car company, or carrier by railroad, subject to part I of the 
Interstate Commerce Act.]
  (b) The term ``carrier'' means a railroad subject to the 
jurisdiction of the Transportation Adjudication Panel under 
part A of subtitle IV of title 49, United States Code.
          * * * * * * *

                                benefits

  Sec. 2. (a) * * *
          * * * * * * *
  (h)(1) * * *
          * * * * * * *
  (3) For purposes of subdivision (2) of this subsection, the 
term ``rate of railroad unemployment'' for a month means the 
percentage arrived at by dividing: (A) the average weekly 
number of individuals who filed bona fide claims for benefits 
for days of unemployment in such month, excluding from such 
number those individuals whose unemployment was due to a 
stoppage of work because of a strike, lockout, or other labor 
dispute, by (B) the average midmonth count of employees of 
class I railroads and class I switching and terminal companies, 
as reported to the [Interstate Commerce Commission, adjusted, 
as determined by the Board] Transportation Adjudication Panel, 
adjusted, as determined by the Railroad Retirement Board, to 
include all employees covered by this Act of the twelve months 
ending with the second calendar quarter preceding such month.
          * * * * * * *
                              ----------                              


                  EMERGENCY RAIL SERVICES ACT OF 1970

                              definitions

  Sec. 2. For the purposes of this Act--
  (1) ``Secretary'' means the Secretary of Transportation.
  [(2) ``Commission'' means the Interstate Commerce 
Commission.]
  (2) ``Panel'' means the Transportation Adjudication Panel.
          * * * * * * *

                          financial assistance

  Sec. 3. (a) The trustees of any railroad undergoing 
reorganization under section 77 of the Bankruptcy Act, as 
amended (11 U.S.C. 205), upon approval of the court, may apply 
to the Secretary for the guarantee of certificates. The 
Secretary, after consultation with the [Commission] Panel, 
authorized to guarantee such certificates upon findings in 
writing that--
          (1) * * *
          * * * * * * *
  (b) As a condition to a guarantee, the Secretary, after 
consultation with the [Commission] Panel shall require that:
          (1) * * *
          * * * * * * *
          (4) in the event of actual or threatened cessation of 
        essential transportation services by the railroad, the 
        Secretary shall have the option to procure by purchase 
        or lease trackage rights over the lines of the railroad 
        and such equipment as may be necessary to provide such 
        services by the Secretary or his assignee, and, in the 
        event of a default in the payment of principal or 
        interest as provided by the certificates, the money 
        paid or expenses incurred by the United States as a 
        result thereof shall be deemed to have been applied to 
        the purchase or lease price. The terms of purchase or 
        lease shall be subject to the approval of the 
        reorganization court and the operation over the lines 
        shall be subject to the approval of the [Commission] 
        Panel pursuant to the provisions of section 5 of the 
        Interstate Commerce Act, but in no event shall the 
        rendition of services by the Secretary or his assignee 
        await the outcome of proceedings before the 
        reorganization court or the [Commission] Panel.
          * * * * * * *

              assistance of departments and other agencies

  Sec. 6. (a) In carrying out the provisions of this Act the 
Secretary may use available services and facilities of other 
departments, agencies, and instrumentalities of the Federal 
Government with their consent and on a reimbursable basis, and 
shall consult with the [Interstate Commerce Commission] Panel 
in carrying out the provisions of this Act.
  (b) Departments, agencies, and instrumentalities of the 
Federal Government shall exercise their powers, duties, and 
functions in such manner as will assist in carrying out the 
provisions of this Act.
          * * * * * * *
                              ----------                              


        SECTION 608 OF THE ALASKA RAILROAD TRANSFER ACT OF 1982

          * * * * * * *

                   TITLE VI--ALASKA RAILROAD TRANSFER

                              short title

    Sec. 601. This title may be cited as the ``Alaska Railroad 
Transfer Act of 1982''.
          * * * * * * *

                            state operation

    Sec. 608. (a)(1) After the date of transfer to the State 
pursuant to section 604 of this title, the State-owned railroad 
shall be a rail carrier engaged in interstate and foreign 
commerce subject to the jurisdiction of the [Interstate 
Commerce Commission] Transportation Adjudication Panel under 
chapter 105 of subtitle IV of title 49, United States Code, and 
all other Acts applicable to rail carriers subject to that 
chapter, including the antitrust laws of the United States, 
except, so long as it is an instrumentality of the State of 
Alaska, the Railroad Retirement Act of 1974 (45 U.S.C. 231 et 
seq.), the Railroad Retirement Tax Act (26 U.S.C. 3201 et 
seq.), the Railway Labor Act (45 U.S.C. 151 et seq.), the Act 
of April 22, 1908 (45 U.S.C. 51 et seq.) (popularly referred to 
as the ``Federal Employers' Liability Act''), and the Railroad 
Unemployment Insurance Act (45 U.S.C. 351 et seq.). Nothing in 
this title shall preclude the State from explicitly invoking by 
law any exemption from the antitrust laws as may otherwise be 
available.
    (2) The transfer to the State authorized by section 604 of 
this title and the conferral of jurisdiction to the [Interstate 
Commerce Commission] Transportation Adjudication Panel pursuant 
to paragraph (1) of this subsection are intended to confer upon 
the State-owned railroad all business opportunities available 
to comparable railroads, including contract rate agreements 
meeting the requirements of section 10713 of title 49, United 
States Code, notwithstanding any participation in such 
agreements by connecting water carriers.
          * * * * * * *
    (b) As soon as practicable after the date of enactment of 
this Act, the [Interstate Commerce Commission] Transportation 
Adjudication Panel shall promulgate an expedited, modified 
procedure for providing on the date of transfer a certificate 
of public convenience and necessity to the State-owned 
railroad. No inventory, valuation, or classification of 
property owned or used by the State-owned railroad pursuant to 
subchapter V of chapter 107 of title 49, United States Code (49 
U.S.C. 10781 et seq.) shall be required during the two-year 
period after the date of transfer. The provisions of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and section 382(b) of the Energy Policy and Conservation 
Act (42 U.S.C. 6362(b)) shall not apply to actions of the 
[Commissions] Panel under this subsection.
    (c) The State-owned railroad shall be eligible to 
participate in all Federal railroad assistance programs on a 
basis equal to that of other rail carriers subject to the 
jurisdiction of the [Interstate Commerce Commission] 
Transportation Adjudication Panel under chapter 105 of subtitle 
IV of title 49, United States Code.
          * * * * * * *
                              ----------                              
Insert law number 22 here deg.


                REGIONAL RAIL REORGANIZATION ACT OF 1973

          * * * * * * *

                TITLE III--CONSOLIDATED RAIL CORPORATION

          * * * * * * *

             termination and continuation of rail services

  Sec. 304. (a) * * *
          * * * * * * *
  (d) Rail Freight Service.--(1) * * *
          * * * * * * *
  (3) If necessary to prevent any disruption or loss of rail 
service, at any time after the date of conveyance, pursuant to 
section 303(b)(1) of [this title, the Commission--
          [(A) shall take] this title, the Commission shall 
        take such action as may be appropriate under its 
        existing authority (including the enforcement of common 
        carrier requirements applicable to railroads in 
        reorganization in the region) to ensure compliance with 
        obligations imposed under [this subsection; and
          [(B) shall have authority, in accordance with the 
        provisions of section 1(16)(b) of the Interstate 
        Commerce Act (49 U.S.C. 1(16)(b)), to direct rail 
        service to be provided by any designated railroad or by 
        the trustees of a railroad in reorganization in the 
        region, if a rail service continuation payment has been 
        offered but an applicable operating or lease agreement 
        is not in effect.
For purposes of the preceding sentence, any compensation 
required as a result of such directed service shall be 
determined in accordance with the standards developed pursuant 
to section 205(d)(6) of this Act] this subsection. The district 
courts of the United States shall have jurisdiction, upon 
petition by the Commission or any interested person (including 
a government entity), to enforce any order of the Commission 
issued pursuant to the exercise of its authority under this 
subsection, or to enjoin any designated entity or the trustees 
of a railroad in reorganization in the region from refusing to 
comply with the provisions of this subsection.
          * * * * * * *

                   TITLE VII--PROTECTION OF EMPLOYEES

          * * * * * * *

                            contracting out

  Sec. 707. (a) All work in connection with the operation or 
services provided by the Corporation on the rail lines, 
properties, equipment, or facilities acquired pursuant to the 
provisions of this Act and the maintenance, repair, 
rehabilitation, or modernization of such lines, properties, 
equipment, or facilities which has been performed by practice 
or agreement in accordance with provisions of the existing 
contracts in effect with the representatives of the employees 
of the classes or crafts involved shall continue to be 
performed by the Corporation's employees, including employees 
on furlough. Should the Corporation lack a sufficient number of 
employees, including employees on furlough, and be unable to 
hire additional employees, to perform the work required, it 
shall be permitted to subcontract that part of such work which 
cannot be performed by its employees, including those on 
furlough, except where agreement by the representatives of the 
employees of the classes or crafts involved is required by 
applicable collective-bargaining agreements. The term ``unable 
to hire additional employees'' as used in this section 
contemplates establishment and maintenance by the Corporation 
of an apprenticeship, training, or recruitment program to 
provide an adequate number of skilled employees to perform the 
work.
  (b) Notwithstanding any other provision of this Act or any 
agreement or arrangement in effect as of the date of the 
enactment of this subsection, the Corporation may not sell or 
transfer ownership or management, in whole or in part, of any 
facility acquired by the Corporation under this Act that is 
used for the repair, rehabilitation, or maintenance of cars or 
locomotives, without first obtaining the expess consent of the 
authorized representatives of the employees at such facility 
covered by collective bargaining agreements. Any transaction 
undertaken in violation of this subsection or subsection (c) 
shall be considered in violation of section 6 of the Railway 
Labor Act, and shall be actionable as such.
  (c) Notwithstanding any other provision of this Act or any 
agreement or arrangement in effect as of the date of the 
enactment of this subsection, any transfer by the Corporation 
of ownership, in whole or in part, other than for scrappage, of 
a car or locomotive that was repaired, rehabilitated, or 
maintained, before the date of the enactment of this 
subsection, at a facility acquired by the Corporation under 
this Act, without first obtaining the express consent of the 
authorized representatives of the employees at the 
Corporation's principal maintenance facility covered by 
collective bargaining agreements, is prohibited.
          * * * * * * *
                              ----------                              


         SECTION 18 OF THE MILWAUKEE RAILROAD RESTRUCTURING ACT

                           [directed service

  [Sec. 18. (a) Except as provided in subsection (b) of this 
section, until April 1, 1981, the provisions of this Act shall 
be in lieu of any directed service on any line of the Milwaukee 
Railroad under section 11125 of title 49 of the United States 
Code.
  [(b) The Commission shall upon request provide for directed 
service, not to exceed 30 days during the period immediately 
prior to acquisition, on the Milwaukee Railroad under section 
11125 of title 49, United States Code. Such directed service 
shall be limited to those lines or line segments where 
legislation has been enacted by a State legislature prior to 
the date of enactment of this subsection which would provide 
for such State to tender a bona fide offer for acquisition of 
such lines or line segments. The Commission may order directed 
service by the Milwaukee Railroad under this subsection without 
inclusion of a 6 percent profit factor. The Commission shall 
take the action described in this subsection only in the event 
that the Secretary of Transportation determines that such 
service cannot be continued under the Emergency Rail Service 
Assistance Act.]
                              ----------                              


      ROCK ISLAND RAILROAD TRANSITION AND EMPLOYEE ASSISTANCE ACT

          * * * * * * *
  Sec. 104. (a) Notwithstanding the provisions of [section 
11125 of title 49, United States Code, or] Public Law 96-131, 
the Commission shall order directed service for a period of not 
to exceed 90 days over any line of the Rock Island Railroad if 
the Secretary finds and certifies to the Commission that--
          (1) a lack of rail service exists which cannot be 
        resolved by a grant of interim operating authority over 
        such line and grains or foods are ready to be shipped 
        to market; or
          * * * * * * *

                           [directed services

  [Sec. 120. (a) In the event agreement cannot be reached 
between any railroad subject to section 77 of the Bankruptcy 
Act, or subchapter IV of chapter 11 of title 11, United States 
Code, which has ceased to provide passenger commuter service 
over any line of the railroad and any party desiring to provide 
commuter service, the Commission shall order directed service, 
for the 3-year period beginning on the date of enactment of 
this Act, over any passenger commuter line of the railroad that 
was in operation on March 1, 1980, if the directed service 
carrier agrees to provide such service without payment under 
section 11125(b)(5) of title 49 of the United States Code. If 
the parties are unable to agree on compensation, the trustee of 
the railroad shall receive compensation for the property and 
facilities of the railroad on terms determined by the 
Commission to be reasonable.
  [(b) Notwithstanding any other provision of law, a passenger 
commuter line of any railroad over which directed service is 
provided pursuant to this section may not be abandoned, and 
service over such line may not be discontinued, during the 
period of such directed service.]
          * * * * * * *
                              ----------                              


       RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 1976

          * * * * * * *

       TITLE V--RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

          * * * * * * *
  Sec. 505. (a) In General.--(1) * * *
          * * * * * * *
  (3) [A financially responsible person (as defined in section 
10910(a)(1) of title 49, United States Code)] (A) A financially 
responsible person may apply to the Secretary for financial 
assistance from funds made available pursuant to section 
509(b)(2) of this title.
  (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.
          * * * * * * *

                             authorizations

  Sec. 509. (a) * * *
  (b)(1) [Repealed.]
  [(2) Not more than 5 percent of the funds received by the 
Secretary of Transportation from amounts appropriated under 
subsection (a) (excluding funds transferred under paragraph (1) 
of this subsection) shall be available for the purchase or 
rehabilitation of railroad lines acquired under section 10910 
of title 49, United States Code, except that no such funds 
shall be available for the purchase or rehabilitation of such a 
railroad line unless such purchase or rehabilitation is 
consistent with the rail plan (as defined under section 5 of 
the Department of Transportation Act) of the State in which 
such line is located.]

                               exemption

  Sec. 510. Neither [the provisions of section 20a of the 
Interstate Commerce Act (49 U.S.C. 20a), nor] the registration 
and prospectus delivery requirements of the Securities Act of 
1933, nor the provisions of the securities laws of any State, 
shall be applicable to the issuance and sale of redeemable 
preference shares by railroads under this title.
          * * * * * * *
                              ----------                              


             SECTION 7 OF THE SERVICE CONTRACT ACT OF 1965

  Sec. 7. This Act shall not apply to--
          (1) * * *
          * * * * * * *
          (3) any contract for the carriage of freight or 
        personnel by vessel, airplane, bus, truck, express, 
        railway line or oil or gas pipeline [where published 
        traff rates are in effect];
          * * * * * * *
                              ----------                              


        SECTION 115 OF THE JOINT RESOLUTION OF DECEMBER 15, 1981

   JOINT RESOLUTION Making further continuing appropriations for the 
               fiscal year 1982, and for other purposes.

  [Sec. 115. Notwithstanding any other provision of law or of 
this joint resolution, none of the funds provided in this or 
any other Act shall hereafter be used by the Interstate 
Commerce Commission to approve railroad branchline abandonments 
in the State of North Dakota by the entity generally known as 
the Burlington Northern Railroad, or its agents or assignees, 
in excess of a total of 350 miles: Provided, That this section 
shall be in lieu of section 311 (amendment numbered 93) as set 
forth in the conference report and the joint explanatory 
statement of the committee of conference on the Department of 
Transportation and Related Agencies Appropriations Act, 1982 
(H.R. 4209), filed in the House of Representative on November 
13, 1981 (H. Rept. No. 97-331).]
                              ----------                              


SECTION 401 OF THE MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION 
                                  ACT

                          motor vehicle safety

  Sec. 401. (a) * * *
  (b)(1) When using, or causing to be used, any vehicle for 
providing transportation to which this section applies, each 
agricultural employer, agricultural association, and farm labor 
contractor shall--
          (A) * * *
          * * * * * * *
  (2)(A) * * *
          * * * * * * *
  (C) Standards prescribed by the Secretary under subparagraph 
(A) shall be in addition to, and shall not supersede or modify, 
any standard under [part II of the Interstate Commerce Act (49 
U.S.C. 301 et seq.), or any successor provision of] part B of 
subtitle IV of title 49, United States Code, or regulations 
issued thereunder, which is independently applicable to 
transportation to which this section applies. A violation of 
any such standard shall also constitute a violation under this 
Act.
          * * * * * * *
  (3) The level of the insurance required by paragraph (1)(C) 
shall be at least the amount currently required for common 
carriers of passengers under [part II of the Interstate 
Commerce Act (49 U.S.C. 301 et seq.), and any successor 
provision of] part B of subtitle IV of title 49, United States 
Code, and regulations prescribed thereunder.
          * * * * * * *
                              ----------                              


SECTION 601 OF THE FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT OF 
                                  1994

SEC. 601. PREEMPTION OF INTRASTATE TRANSPORTATION OF PROPERTY.

  (a)  * * *
          * * * * * * *
  (d) Effective Date.--This section and the amendments made by 
this section shall take effect on January 1, 1995; except that 
with respect to the State of Hawaii the amendment made by 
subsection (c) [shall take effect on the last day of the 3-year 
period beginning on the date of the enactment of this Act.] 
shall not take effect as long as section 11501(g)(2) of title 
49, United States Code, applies to that State.
                              ----------                              


                    INTERCOASTAL SHIPPING ACT, 1933

AN ACT Amending the Shipping Act, 1916, as amended, for the purpose of 
further regulating common carriers by water interstate commerce of the 
  United States engaged in transportation by way of the Panama Canal.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That when 
used in this Act--
  [(1) The term ``common carrier by water in intercoastal 
commerce'' for the purposes of this Act shall include every 
common and contract carrier by water engaged in the 
transportation for hire of passengers or property between one 
State of the United States and any other State of the United 
States by way of the Panama Canal.
  [(2) The term ``general increase in rates'' means any change 
in rates, fares, or charges which will (A) result in an 
increase in not less than 50 per centum of the total rate, 
fare, or charge items in the tariffs per trade of any common 
carrier by water in intercoastal commerce; and (B) directly 
result in an increase in gross revenues of such carrier for the 
particular trade of not less than 3 per centum.
  [(3) The term ``general decrease in rates'' means any change 
in rates, fares, or charges which will (A) result in a decrease 
in not less than 50 per centum of the total rate, fare, or 
charge items in the tariffs per trade of any common carrier by 
water in intercoastal commerce; and (B) directly result in a 
decrease in gross revenue of such carrier for the particular 
trade or not less than 3 per centum.
  [Sec. 2. That every common carrier by water in intercoastal 
commerce shall file with the Federal Maritime Board and keep 
open to public inspection schedules showing all the rates, 
fares, and charges for or in connection with transportation 
between intercoastal points on its own route; and, if a through 
route has been established, all the rates, fares, and charges 
for or in connection with transportation between intercoastal 
points or its own route and points on the route of any other 
carrier by water. The schedules filed, and kept open to public 
inspection as aforesaid by any such carrier shall plainly show 
the places between which passengers and/or freight will be 
carried, and shall contain the classification of freight and of 
passenger accommodations in force, and shall also state 
separately each terminal or other charge, privilege, or 
facility, granted or allowed, and any rules or regulations 
which in anywise change, affect, or determine any part of the 
aggregate of such aforesaid rates, fares or charges, or the 
value of the service rendered to the passenger consignor, or 
consignee, and shall include the terms and conditions of any 
passenger ticket, bill of lading, contract of affreightment, or 
other document evidencing the transportation agreement. The 
terms and conditions as filed with the Federal Maritime Board 
shall be framed under glass and posted in a conspicuous place 
on board each vessel that carries passengers where they may be 
seen by passengers and others at all times. Such carriers in 
establishing and fixing rates, fares, or charges may make equal 
rates, fares, or charges for similar service between all ports 
of origin and all ports of destination, and it shall be 
unlawful for any such carrier, either directly or indirectly, 
through the medium of any agreement, conference, association, 
understanding, or otherwise, to prevent or attempt to prevent 
any such carrier from extending service to any publicly owned 
terminal located on any improvement project authorized by the 
Congress at the same rates which it charges at its nearest 
regular port of call. Such schedules shall be plainly printed, 
and copies shall be kept posted in a public and conspicuous 
place at every wharf, dock, and office of such carrier where 
passengers or freight are received for transportation, in such 
manner that they shall be readily accessible to the public and 
can be conveniently inspected. In the event that any such 
schedule includes the terms and conditions of any passenger 
ticket, bill of lading, contract of affreightment or other 
document evidencing the transportation agreement, as herein 
provided, copies of such terms and conditions shall be made 
available to any shipper, consignee, or passenger upon request. 
Such terms and conditions may be incorporated by reference in a 
short form of same actually issued for the transportation, or 
in a dock receipt or other document issued in connection 
therewith, by notice printed on the back of each document that 
all parties to the contract are bound by the terms and 
conditions as filed with the Federal Maritime Board and posted, 
and when so incorporated by reference every carrier and any 
other person having any interest or duty in respect of such 
transportation shall be deemed to have such notice thereof as 
if all such terms and conditions had been set forth in the 
short form document.
  [No change shall be made in the rates, fares, or charges, or 
classifications, rules, or regulations, which have been filed 
and posted as required by this section, except by the 
publication, filing, and posting as aforesaid of a new schedule 
or schedules which shall become effective not earlier than 
thirty days after date of posting and filing thereof with the 
board and such schedule or schedules shall plainly show the 
changes proposed to be made in the schedule or schedules then 
in force and the time when the rates, fares, charges, 
classifications, rules, or regulations as changed are to become 
effective: Provided, That no general increase in rates or 
general decrease in rates shall take effect before the close of 
the sixtieth day after the day on which such general increase 
in rates or general decrease in rates is posted and filed with 
the Commission: Provided further, That the board may, in its 
discretion and for good cause, allow changes upon less than the 
period of thirty days or sixty days herein specified: And 
provided, further, That schedules or changes which provide for 
extension of actual service to additional ports at rates of 
said carrier already in effect for similar service at the 
nearest port of call to said additional ports shall become 
effective immediately upon notice to the board.
  [From and after ninety days following enactment hereof no 
person shall engage in transportation as a common carrier by 
water in intercoastal commerce unless and until its schedules 
as provided by this section have been duly and properly filed 
and posted; nor shall any common carrier by water in 
intercoastal commerce charge or demand or collect or receive a 
greater or less or different compensation for the 
transportation of passengers or property or for any service in 
connection therewith than the rates, fares, and/or charges 
which are specified in its schedules filed with the board and 
duly posted and in effect at the time; nor shall any such 
carrier refund or remit in any manner or by any device any 
portion of the rates, fares, or charges so specified, nor 
extend or deny to any person any privilege or facility, except 
in accordance with such schedules.
  [The board shall by regulations prescribe the form and manner 
in which the schedules required by this section shall be 
published, filed, and posted; and the board is authorized to 
reject any schedule filed with it which is not in consonance 
with this section and with such regulations. Any schedule so 
rejected by the board shall be void and its use shall be 
unlawful.
  [Whoever violates any provision of this section shall be 
subject to a civil penalty of not more than $1,000 for each day 
such violation continues.
  [Sec. 3. (a) Whenever there shall be filed with the board a 
schedule stating a new individual or joint rate, fare, or 
charge, or any new individual or joint classification, or any 
new individual or joint regulation or practice affecting any 
rate, fare, or charge, the board shall have, and it is hereby 
given, authority, either upon protest or upon its own 
initiative without protest, and if it so orders without answer 
or other formal pleading by the interested carrier or carriers, 
but upon reasonable notice, to enter upon a hearing concerning 
the lawfulness of such rate, fare, charge, classification, 
regulation, or practice. The Commission shall not order a 
hearing pursuant to this subsection, on its own motion or upon 
protest, unless the Commission publishes in the Federal 
Register the reasons, in detail, why it considers such a 
hearing to be necessary and the specific issues to be resolved 
by such hearing purposes of facilitating the administration of 
this Act, the Commission shall, within one year after the 
effective date of this sentence, by regulation prescribe 
guidelines for the determination of what constitutes a just and 
reasonable rate of return or profit for common carriers by 
water in intercoastal commerce. After the regulations referred 
to in the preceding sentence are initially prescribed, the 
Commission shall from time to time thereafter review such 
regulations and make such amendments thereto as may be 
appropriate.
  [(b) Pending such hearing and the decision thereon the board, 
upon filing with such schedule and delivering to the carrier or 
carriers affected thereby a statement in writing of its reasons 
for such suspension, may, except as provided in subsection (c), 
from time to time suspend the operation of such schedule and 
defer the use of such rate, fare, charge, classification, 
regulation, or practice, but not for a longer period than one 
hundred and eighty days beyond the time when it would otherwise 
go into effect; and after full hearing whether completed before 
or after the rate, fare, charge, classification, regulation, or 
practice goes into effect, the board may make such order with 
reference thereto as would be proper in a proceeding initiated 
after it had become effective. If the proceeding has not been 
concluded and an order made within the period of suspension, 
the proposed change of rate, fare, charge, classification, 
regulation, or practice shall go into effect at the end of such 
period. At any hearing under this paragraph the burden of proof 
to show that the rate, fare, charge, classification, 
regulation, or practice is just and reasonable shall be upon 
the carrier or carriers. The board shall give preference to the 
hearing and decision of such questions. Notwithstanding any 
other provision of law, the Commission shall complete such 
hearing under this section within sixty days; the initial 
decision resulting therefrom, if any, shall be submitted in 
writing to the Commission within one hundred and twenty days; 
and the Commission shall issue a final decision thereon within 
one hundred and eighty days. The sixty-day, one hundred and 
twenty-day, and one hundred and eighty day periods referred to 
in the preceding sentence shall each begin on the day on which 
such rate, fare, charge, classification, regulation, or 
practice first takes effect or, in the case of suspended 
matter, shall begin on the day on which such matter would have 
otherwise gone into effect. However, the Commission may, in its 
discretion and for good cause, extend the time period or 
suspension period for a period of not more than sixty days, if 
three or more Commissioners agree to such an extension. If such 
extension is granted, the Commission shall report in writing to 
Congress within ten days from the granting of such extension 
together with--
          [(A) a full explanation of the reasons for the 
        extension,
          [(B) the issues involved in the matter before the 
        Commission,
          [(C) the names of the personnel of the Commission 
        working on such matter, and
          [(D) a record of how each Commissioner voted on the 
        extension. If a final decision is not issued by the 
        Commission within the one hundred and eighty day 
        period, or by the end of any extension period, such 
        rate, fare, charge, classification, regulation, or 
        practice shall, for purposes of this section, 
        thereafter be deemed to be just and reasonable. 
        However, if the Commission finds that it is unable to 
        issue a final decision within such period or within 
        such extension due to delays which are directly 
        attributable to the proponent of such rate, charge, 
        classification, regulation, or practice, the Commission 
        may disapprove such rate, fare, charge, classification, 
        regulation, or practice, upon the expiration of such 
        period or extension. This provision shall not preclude 
        any remedies available pursuant to section 22 of the 
        Shipping Act of 1916. Notwithstanding any other 
        provision of law, in providing a hearing for the 
        purposes of this Act, it shall be adequate to provide 
        an opportunity for the submission of all evidence in 
        written form, followed by an opportunity for briefs, 
        written statements, or conferences of the parties. Any 
        such conference may be chaired by an individual 
        Commissioner, an administrative law judge, or any 
        designated employee of the Commission.
  [(c)(1) Notwithstanding any other provision of this section, 
the Commission may not suspend--
          [(A) any tariff schedule or service which extends to 
        any additional port, actual service at the rates of the 
        carrier involved for similar service already in effect 
        at the nearest port of call to such additional port; or
          [(B) the operation of that portion of any changed 
        rate, fare, or charge representing an increase or 
        decrease of 5 per centum or less and filed as part of a 
        general increase in rates or a general decrease in 
        rates, except that the aggregate of such changes exempt 
        from suspension shall not exceed 5 per centum during 
        any period of twelve consecutive months; nothing in 
        this subparagraph shall be construed as establishing a 
        presumption that any increase or decrease in excess of 
        5 per centum is not just and reasonable, or that any 
        increase or decrease less than 5 per centum is just and 
        reasonable.
  [(2) If the Commission finds, as a result of any proceeding 
under this section with respect to a general increase in rates, 
that any unsuspended portion of the increase is not just and 
reasonable, the Commission shall order the carrier involved to 
refund to any person who was charged on the basis of such 
general increase an amount equal to that portion thereof found 
to be not just and reasonable plus interest on such amount 
computed on the basis of the average of the prime rate charged 
by major banks, as published by the Board of Governors of the 
Federal Reserve System, during the period to which the refund 
applies.
  [Sec. 4. Whenever the Commission finds that any rate, fare, 
charge, classification, tariff, regulation, or practice 
demanded, charged, collected, or observed by any carrier 
subject to the provisions of this Act is unjust or 
unreasonable, it may determine, prescribe, and order enforced a 
just and reasonable maximum or minimum, or maximum and minimum 
rate, fare, or charge, or a just and reasonable classification, 
tariff, regulation or practice: Provided, That the minimum-rate 
provision of this section shall not apply to common carriers on 
the Great Lakes: Provided further, That upon such finding of 
unjustness or unreasonableness in a proceeding instituted by a 
complainant pursuant to the provisions of section 22 of the 
Shipping Act, 1916, the Commission shall direct full reparation 
to the complainant of the difference between the charge 
collected and the just and reasonable rate, fare, or charge, 
plus interest on such amount computed on the basis of the 
average of the prime rate charged by major banks, as published 
by the Board of Governors of the Federal Reserve System, during 
the period to which the reparation applies.
  [Sec. 5. The provisions of this Act are extended and shall 
apply to every common carrier by water in interstate commerce, 
as defined in section 1 of the Shipping Act, 1916, and shall 
apply to the carriage, storage or handling of property for the 
United States, State or municipal governments, or for 
charitable purposes.
  [Sec. 7. The provisions of the Shipping Act, 1916, amended, 
shall in all respects except as amended by this Act, continue 
to be applicable to every carrier subject to the provisions of 
this Act.
  [Sec. 8. That this Act be cited as the Intercoastal Shipping 
Act, 1933.]
                              ----------                              


                           SHIPPING ACT, 1916

          * * * * * * *
    [Sec. 3. Notwithstanding part III of the Interstate 
Commerce Act, as amended (49 U.S.C. 901 et seq.), or any other 
provision of law, rates and charges for the barging and 
affreighting of containers and containerized cargo by barge 
between points in the United States, shall be filed solely with 
the Federal Maritime Commission in accordance with rules and 
regulations promulgated by the Commission where (a) the cargo 
is moving between a point in a foreign country or a non-
contiguous State, territory, or possession and a point in the 
United States, (b) the transportation by barge between points 
in the United States is furnished by a terminal operator as a 
service substitute in lieu of a direct vessel call by the 
common carrier by water transporting the containers or 
containerized cargo under a through bill of lading, (c) such 
terminal operator is a Pacific Slope State, municipality, or 
other public body or agency subject to the jurisdiction of the 
Federal Maritime Commission, and the only one furnishing the 
particular circumscribed barge service in question as of the 
date of enactment hereof, and (d) such terminal operator is in 
compliance with the rules and regulations of the Federal 
Maritime Commission for the operation of such barge service. 
The terminal operator providing such services shall be subject 
to the provisions of the Shipping Act, 1916.
    [(b) Within one hundred and twenty days after enactment of 
this Act, the Federal Maritime Commission shall promulgate 
rules and regulations for the barge operations described in the 
amendment made by the first section of this Act. Such rules 
shall provide that the rates charge shall be based upon factors 
normally considered by a regular commercial operator in the 
same service.
          * * * * * * *
    [Sec. 14. That no common carrier by water in interstate 
commerce shall, directly or indirectly, in respect to the 
transportation by water of passengers or property between a 
port of a State, Territory, District, or possession of the 
United States and any other such port--
          [First. Pay, or allow, or enter into any combination, 
        agreement, or understanding, express or implied, to pay 
        or allow a deferred rebate to any shipper. The term 
        ``deferred rebate'' in this Act means a return of any 
        portion of the freight money by a carrier to any 
        shipper as a consideration for the giving of all or any 
        portion of his shipments to the same or any other 
        carrier, or for any other purpose, the payment of which 
        is deferred beyond the completion of the service for 
        which it is paid, and is made only if, during both the 
        period for which computed and the period of deferment, 
        the shipper has complied with the terms of the rebate 
        agreement or arrangement.
          [Second. Use a fighting ship either separately or in 
        conjunction with any other carrier, through agreement 
        or otherwise. The term ``fighting ship'' in this Act 
        means a vessel used in a particular trade by a carrier 
        or group of carriers for the purpose of excluding, 
        preventing, or reducing competition by driving another 
        carrier out of said trade.
          [Third. Retaliate against any shipper by refusing, or 
        threatening to refuse, space accommodations when such 
        are available, or resort to other discriminating or 
        unfair methods, because such shipper has patronized any 
        other carrier or has filed a complaint charging unfair 
        treatment, or for any other reason.
          [Fourth. Make any unfair or unjustly discriminatory 
        contract with any shipper based on the volume of 
        freight offered, or unfairly treat or unjustly 
        discriminate against any shipper in the matter of (a) 
        cargo space accommodations or other facilities, due 
        regard being had for the proper loading of the vessel 
        and the available tonnage; (b) the loading and landing 
        of freight in proper condition; or (c) the adjustment 
        and settlement of claims.
    [Any carrier who violates any provision of this section 
shall be guilty of a misdemeanor punishable by a fine of not 
more than $25,000 for each offense.
    [Sec. 15. Every common carrier by water in interstate 
commerce, or other person subject to this Act, shall file 
immediately with the Commission a true copy, or, if oral, a 
true and complete memorandum, of every agreement with another 
such carrier or other person subject to this Act, or 
modification or cancellation thereof, to which it may be a 
party or conform in whole or in part, fixing or regulating 
transportation rates or fares; giving or receiving special 
rates, accommodations, or other special privileges or 
advantages; controlling, regulating, preventing, or destroying 
competition; pooling or apportioning earnings, losses, or 
traffic; allotting ports or restricting or otherwise regulating 
the number and character of sailings between ports; limiting or 
regulating in any way the volume or character of freight or 
passenger traffic to be carried; or in any manner providing for 
an exclusive, preferential, or cooperative working arrangement. 
The Germ ``agreement'' in this section includes understandings, 
conferences, and other arrangements, but does not include 
maritime labor agreements or any provisions of such agreements, 
unless such provisions provide for an assessment agreement 
described in the fifth paragraph of this section.
    [The Commission shall by order, after notice and hearing, 
disapprove, cancel or modify any agreement, or any modification 
or cancellation thereof, whether or not previously approved by 
it, that it finds to be unjustly discriminatory or unfair as 
between carriers, shippers, exporters, importers, or ports, or 
between exporters from the United States and their foreign 
competitors, or to operate to the detriment of the commerce of 
the United States, or to be contrary to the public interest, or 
to be in violation of this Act, and shall approve all other 
agreements, modifications, or cancellations. No such agreement 
shall be approved, nor shall continued approval be permitted 
for any agreement (1) between carriers not members of the same 
conference or conferences of carriers serving different trades 
that would otherwise be naturally competitive, unless in the 
case of agreements between carriers, each carrier, or in the 
case of agreements between conferences, each conference, 
retains the right of independent action, or (2) in respect to 
any conference agreement, which fails to provide reasonable and 
equal terms and conditions for admission and readmission to 
conference membership of other qualified carriers in the trade, 
or fails to provide that any member may withdraw from 
membership upon reasonable notice without penalty for such 
withdrawal.
    [The Commission shall disapprove any such agreement, after 
notice and hearing, on a finding of inadequate policing of the 
obligations under it, or of failure or refusal to adopt and 
maintain reasonable procedures for promptly and fairly hearing 
and considering shippers' requests and complaints.
    [Any agreement and any modification or cancellation of any 
agreement not approved, or disapproved, by the Commission shall 
be unlawful, and agreements, modifications, and cancellations 
shall be lawful only when and as long as approved by the 
Commission; before approval or after disapproval it shall be 
unlawful to carry out in whole or in part, directly or 
indirectly, any such agreement, modification, or cancellation; 
except that tariff rates, fares, and charges, and 
classifications, rules, and regulations explanatory thereof 
agreed upon by approved conferences, and changes and amendments 
thereto, if otherwise in accordance with law, shall be 
permitted to take effect without prior approval upon compliance 
with the provisions of any regulations the Commission may 
adopt.
    [Assessment agreements, whether part of a collective 
bargaining agreement or negotiated separately, to the extent 
they provide for 
the funding of collectively bargained fringe benefit 
obligations on other than a uniform man-hour basis, regardless 
of the cargo handled or type of vessel or equipment utilized, 
shall be deemed approved upon filing with the Commission. The 
Commission shall thereafter, upon complaint filed within 2 
years of the date of filing of the agreement, disapprove, 
cancel, or modify any such agreement, or charge or assessment 
pursuant thereto, that it finds, after notice and hearing, to 
be unjustly discriminatory or unfair as between carriers, 
shippers, or ports, or to operate to the detriment of the 
commerce of the United States. The Commission shall issue its 
final decision in any such complaint proceeding within 1 year 
of the date of filing of the complaint. To the extent that any 
assessment or charge is found, in such a complaint proceeding, 
to be unjustly discriminatory or unfair as between carriers, 
shippers, or ports, the Commission shall remedy the unjust 
discrimination or unfairness for the period of time between the 
filing of the complaint and the final decision by means of 
assessment adjustments. Such adjustments shall be implemented 
by prospective credits or debits to future assessments or 
charges, except in the case of a complainant who has ceased 
activities subject to the assessment or charge, in which case 
reparation may be awarded. To the extent that any provision of 
this paragraph conflicts with the language of section 22 or any 
other section of this Act, or of the Intercoastal Shipping Act, 
1933, the provisions of this paragraph shall control in any 
matter involving assessment agreements described herein.
    [Every agreement, modification, or cancellation lawful 
under this section shall be excepted from the provisions of the 
Act approved July 2, 1890, entitled ``An Act to protect trade 
and commerce against unlawful restraints and monopolies,'' and 
amendments and Acts supplementary thereto, and the provisions 
of sections 73 to 77, both inclusive, of the Act approved 
August 27, 1894, entitled ``An Act to reduce taxation, to 
provide revenue for the Government, and for other purposes,'' 
and amendments and Acts supplementary thereto.
    [Whoever violates any provision of this section shall be 
subject to a civil penalty of not more than $1,000 for each day 
such violation continues: Provided, however, That the penalty 
provisions of this section shall not apply to leases, licenses, 
assignments, or other agreements of similar character for the 
use of terminal property or facilities which were entered into 
before the date of enactment of this Act, and, if continued in 
effect beyond said date, submitted to the Federal Maritime 
Commission for approval prior to or within ninety days after 
the enactment of this Act, unless such leases, licenses, 
assignments, or other agreements for the use of terminal 
facilities are disapproved, modified, or canceled by the 
Commission and are continued in operation without regard to the 
Commission's action thereon. The Commission shall promptly 
approve, disapprove, cancel, or modify each such agreement in 
accordance with the provisions of this section.
    [Sec. 16. That it shall be unlawful for any shipper, 
consignor, consignee, forwarder, broker, or other person, or 
any officer, agent, or employee thereof, knowingly and 
willfully, directly or indirectly, by means of false billing, 
false classification, false weighing, false report of weight, 
or by any other unjust or unfair device or means to obtain or 
attempt to obtain transportation by water in interstate 
commerce, for property at less than the rates or charges which 
would otherwise be applicable.
    [That it shall be unlawful for any common carrier by water 
in interstate commerce, or other person subject to this Act, 
either alone or in conjunction with any other person, directly 
or indirectly:
          [First. To make or give any undue or unreasonable 
        preference or advantage to any particular person, 
        locality, or description or traffic in any respect 
        whatsoever, or to subject any particular person, 
        locality, or description of traffic to any undue or 
        unreasonable prejudice or disadvantage in any respect 
        whatsoever.
          [Second. To allow any person to obtain transportation 
        for property at less than the regular rates or charges 
        then established and enforced on the line of such 
        carrier by means of false billing, false 
        classification, false weighing, false report of weight, 
        or by any other unjust or unfair device or means.
          [Third. To induce, persuade, or otherwise influence 
        any marine insurance company or underwriter, or agent 
        thereof, not to give a competing carrier by water as 
        favorable a rate of insurance on vessel or cargo, as is 
        granted to such carrier or other person subject to this 
        Act.
    [Whoever violates any provision of this section other than 
paragraphs First and Third hereof shall be subject to a civil 
penalty of not more than $25,000 for each such violation.
    [Whoever violates paragraphs First and Third hereof shall 
be guilty of a misdemeanor punishable by a fine of not more 
than $5,000 for each offense.
    [Sec. 17. Every other person subject to this act shall 
establish, observe, and enforce just and reasonable regulations 
and practices relating to or connected with the receiving, 
handling, storing, or delivering of property. Whenever the 
board finds that any such regulation or practice is unjust or 
unreasonable it may determine, prescribe, and order enforced a 
just and reasonable regulation or practice.
    [Sec. 18. (a) That every common carrier by water in 
interstate commerce shall establish, observe, and enforce just 
and reasonable rates, fares, charges, classifications, and 
tariffs, and just and reasonable regulations and practices 
relating thereto and to the issuance, form, and substance of 
tickets, receipts, and bills of lading, the manner and method 
of presenting, marking, packing, and delivering property for 
transportation, the carrying of personal, sample, and excess 
baggage, the facilities for transportation, and all other 
matters relating to or connected with the receiving, handling, 
transporting, storing, or delivering of property.
    [Every such carrier shall file with the board and keep open 
to public inspection, in the form and manner and within the 
time prescribed by the board, the maximum rates, fares, and 
charges for or in connection with transportation between points 
on its own route; and if a through route has been established, 
the maximum rates, fares, and charges for or in connection with 
transportation between points on its own route and points on 
the route of any other carrier by water.
    [No such carrier shall demand, charge, or collect a greater 
compensation for such transportation than the rates, fares, and 
charges filed in compliance with this section, except with the 
approval of the board and after ten days' public notice in the 
form and manner prescribed by the board, stating the increase 
proposed to be made; but the board for good cause shown may 
waive such notice.
    [Whenever the board finds that any rate, fare, charge, 
classification, tariff, regulation, or practice, demanded, 
charged collected, or observed by such carrier is unjust or 
unreasonable, it may determine, prescribe, and order enforced a 
just and reasonable maximum rate, fare, or charge, or a just 
and reasonable classification, tariff, regulation, or practice.
    [Sec. 19. That whenever a common carrier by water in 
interstate commerce reduces its rates on the carriage of any 
species of freight to or from competitive points below a fair 
and remunerative basis with the intent of driving out or 
otherwise injuring a competitive carrier by water, it shall not 
increase such rates unless after hearing the board finds that 
such proposed increase rests upon changed conditions other than 
the elimination of said competition.
    [Sec. 20 That it shall be unlawful for any common carrier 
by water in interstate commerce or other person subject to this 
Act, or any officer, receiver, trustee, lessee, agent, or 
employee of such carrier or person, or for any other person 
authorized by such carrier or person to receive information, 
knowingly to disclose to or permit to be acquired by any person 
other than the shipper or consignee, without the consent of 
such shipper or consignee, any information concerning the 
nature, kind, quantity, destination, consignee, or routing of 
any property tendered or delivered to such common carrier or 
other person subject to this act for transportation in 
interstate or foreign commerce, which information may be used 
to the detriment or prejudice of such shipper or consignee, or 
which may improperly disclose his business transactions to a 
competitor, or which may be used to the detriment of prejudice 
of any carrier; and it shall also be unlawful for any person to 
solicit or knowingly receive any such information which may be 
so used.
    [Nothing in this Act shall be construed to prevent the 
giving of such information in response to any legal process 
issued under the authority of any court, or to any officer or 
agent of the Government of the United States, or of any State, 
Territory, District, or possession thereof, in the exercise of 
his powers, or to any officer or other duly authorized person 
seeking such information for the prosecution of persons charged 
with or suspected of crime, or to another carrier, or its duly 
authorized agent, for the purpose of adjusting mutual traffic 
accounts in the ordinary course of business of such carriers; 
or to prevent any common carrier by water which is a party to a 
conference agreement approved pursuant to section 15 of this 
Act, or any other person subject to this Act, or any receiver, 
trustee, lessee, agent, or employee of such carrier or person, 
or any other person authorized by such carrier to receive 
information, from giving information to the conference or any 
person, firm, corporation, or agency designated by the 
conference, or to prevent the conference or its designee from 
soliciting or receiving information for the purpose of 
determining whether a shipper or consignee has breached an 
agreement with the conference or its member lines or of 
determining whether a member of the conference has breached the 
conference agreement, or for the purpose of compiling 
statistics of cargo movement, but the use of such information 
for any other purpose prohibited by this Act or any other Act 
shall be unlawful.
    [Sec. 21. (a) That the Federal Maritime Commission and 
Secretary of Transportation may require any common carrier by 
water in interstate commerce, or other person subject to this 
Act, or any officer, receiver, trustee, lessee, agent, or 
employee thereof, to file with it or him any periodical or 
special report or any account, record, rate, or charge, or any 
memorandum of any facts and transactions appertaining to the 
business of such carrier or other person subject to this Act. 
Such report, account, record, rate, charge, or memorandum shall 
be under oath whenever the Commission or Secretary so requires, 
and shall be furnished in the form and within the time 
prescribed by the Commission or Secretary. Whoever fails to 
file any report, account, record, rate, charge, or memorandum 
as required by this section shall forfeit to the United States 
the sum of $100 for each day of such default.
    [Whoever willfully falsifies, destroys, mutilates, or 
alters any such report, account, record, rate, charge, or 
memorandum, or willfully files a false report, account, record, 
rate, charge, or memorandum shall be guilty of a misdemeanor, 
and subject upon conviction to a fine of not more than $1,000, 
or imprisonment for not more than one year, or to both such 
fine and imprisonment.
    [(b) The Commission may, to the extent it deems feasible, 
require any shipper, consignor, consignee, forwarder, broker, 
or other person subject to this Act, to file a periodic, 
written certification under oath with the Commission attesting 
to--
          [(1) a policy prohibiting the payment, solicitation, 
        or receipt of any rebate which is unlawful under the 
        provisions of this Act;
          [(2) the fact that such policy has been promulgated 
        recently to each owner, officer, employee, and agent 
        thereof;
          [(3) the details of the efforts, made, within the 
        company or otherwise to prevent or correct illegal 
        rebating; and
          [(4) full cooperation with the Commission in its 
        investigation of illegal rebating or refunds in United 
        States foreign trades, and in its efforts to end such 
        illegal practices.
The Commission may by regulation prescribe the form and content 
of any certification required under the authority of this 
subsection. Failure to file any such certification shall result 
in a civil penalty of not more than $5,000 for each day such 
violation continues.
    [Sec. 22. (a) That any person may file with the board a 
sworn complaint setting forth any violation of this Act by a 
common carrier by water in interstate commerce, or other person 
subject to this Act, and asking reparation for the injury, if 
any, caused thereby. The board shall furnish a copy of the 
complaint to such carrier or other person, who shall, within a 
reasonable time specified by the board satisfy the complaint or 
answer it in writing. If the complaint is not satisfied the 
board shall, except as otherwise provided in this Act, 
investigate it in such manner and by such means, and make such 
order as it deems proper. The board, if the complaint is filed 
within two years after the cause of action accrued, may direct 
the payment, on or before a day named, of full reparation to 
the complainant for the injury caused by such violation.
    [(b) The board, upon its own motion, may in like manner and 
with the same powers, investigate any violation of this Act.
    [Sec. 23. Orders of the Commission relating to any 
violation of this Act or to any violation of any rule or 
regulation issued pursuant to this Act shall be made only after 
full hearing, and upon a sworn complaint or in proceedings 
instituted of its own motion.
    [All orders of the United States Maritime Commission made 
under this Act, as amended or supplemented, shall continue in 
force until its further order, or for a specified period of 
time, as shall be prescribed in the order, unless the same 
shall be suspended, or modified, or set aside by the 
Commission, or be suspended or set aside by a court of 
competent jurisdiction.
    [Sec. 24. That the board shall enter of record a written 
report of every investigation made under this Act in which a 
hearing has been held, stating its conclusions, decision, and 
order, and, if reparation is awarded, the findings of fact on 
which the award is made, and shall furnish a copy of such 
report to all parties to the investigation.
    [The board may publish such reports in the form best 
adapted for public information and use, and such authorized 
publications shall, without further proof or authentication, be 
competent evidence of such reports in all courts of the United 
States and of the States, Territories, District, and 
possessions thereof.
    [Sec. 25. That the board may reverse, suspend, or modify, 
upon such notice and in such manner as it deems proper, any 
order made by it under this Act. Upon application of any party 
to a decision or order it may grant a rehearing of the same or 
any matter determined therein, but no such application for or 
allowance of a rehearing shall, except by special order of the 
board, operate as a stay of such order.
    [Sec. 27. (a) In all proceedings under section 22 of this 
Act, depositions, written interrogatories, and discovery 
procedure shall be available under rules and regulations issued 
by the Federal Maritime Commission, which rules and regulations 
shall, to the extent practicable, be in conformity with the 
rules applicable in civil proceedings in the district courts of 
the United States. In such proceedings, the commission may by 
subpoena compel the attendance of witnesses and the production 
of books, papers, documents, and other evidence, in such manner 
and to such an extent as the Commission may by rule or 
regulation require. Attendance of witnesses and the production 
of books, papers, documents, and other evidence in response to 
subpoena may be required from any place in the United States at 
any designated place of hearing, and persons so acting under 
the direction of the Commission and witnesses shall, unless 
employees of the Commission, be entitled to the same fees and 
mileage as in the courts of the United States.
    [(b) Obedience to this section shall, on application by the 
Commission, be enforced as are orders of the Commission.
    [Sec. 29. That in case of violation of any order of the 
Federal Maritime Commission under this Act, the Commission, or 
any party injured by such violation, or the Attorney General, 
may apply to a district court having jurisdiction of the 
parties; and if, after hearing, the court determines that the 
order was regularly made and duly issued, it shall enforce 
obedience thereto by a writ of injunction or other proper 
process, mandatory or otherwise.
    [Sec. 30. That in case of violation of any order of the 
board under this Act, for the payment of reparation the person 
to whom such award was made may file in the district court for 
the district in which such person resides, or in which is 
located any office of the carrier or other person to whom the 
order was directed, or in which is located any point of call on 
a regular route operated by the carrier, or in any court of 
general jurisdiction of a State, Territory, District, or 
possession of the United States having jurisdiction of the 
parties, a petition or suit setting forth briefly the causes 
for which he claims damages and the order of the board in the 
premises.
    [In the district court the findings and order of the board 
shall be prima facie evidence of the facts therein stated, and 
the petitioner shall not be liable for costs, nor shall he be 
liable for costs of any subsequent stage of the proceedings 
unless they accrue upon his appeal. If a petitioner in a 
district court finally prevails, he shall be allowed a 
reasonable attorney's fee, to be taxed and collected as part of 
the cost of the suit.
    [All parties in whose favor the Board has made an award of 
reparation by a single order may be joined as plaintiffs, and 
all other parties to such order may be joined as defendants, in 
a single suit in any district in which any one such plaintiff 
could maintain a suit against any one such defendant. Service 
of process against any such defendant and not found in that 
district may be made in any district in which is located any 
office of, or point of call on a regular route operated by, 
such defendant. Judgment may be entered in favor of any 
plaintiff against the defendant liable to that plaintiff.
    [No petition or suit for the enforcement of an order for 
the payment of reparation shall be maintained unless filed 
within one year from the date of the order.
    [Sec. 31. That the venue and procedure in the courts of the 
United States in suits brought to enforce, suspend, or set 
aside, in whole or in part, any order of the board under this 
Act, shall, except as herein otherwise provided, be the same as 
in similar suits in regard to orders of the Interstate Commerce 
Commission, but such suits may also be maintained in any 
district court having jurisdiction of the parties.
    [Sec. 32. (a) That whoever violates any provision of 
sections 14 thorough 21 of this Act, except where a different 
penalty is provided, shall be subject to a civil penalty not to 
exceed $5,000 for each such violation.
    [(b) Whoever violates any provision of any other section of 
this Act, except where a different penalty is provided, shall 
be guilty of a misdemeanor, punishable by a fine not to exceed 
$5,000.
    [(c) Whoever violates any order, rule, or regulation of the 
Federal Maritime Commission made or issued in the exercise of 
its powers, duties, or functions, under this Act, shall be 
subject to a civil penalty of not more than $1,000 for each day 
such violation continues.
    [(d) No penalty shall be imposed on any person for 
conspiracy after August 29, 1972: (1) to rebate or refund in 
violation of the initial paragraph or paragraph Second of 
section 16, or under section 18(b)(3) of this Act; or (2) to 
defraud the Commission by concealment of such rebates or 
refunds in any manner.
    [(e) Notwithstanding any other provision of law, the 
Commission shall have authority to assess or compromise all 
civil penalties provided in this Act: Provided, however, That, 
in order to assess such penalties a formal proceeding under 
section 22 of this Act shall be commenced within five years 
from the date when the violation occurred.
    [Sec. 33. That this Act shall not be construed to affect 
the power of jurisdiction of the Interstate Commerce 
Commission, nor to confer upon the board concurrent power or 
jurisdiction over any matter within the power or jurisdiction 
of such commission; nor shall this Act be construed to apply to 
intrastate commerce.]
          * * * * * * *
    [Sec. 35. The Federal Maritime Commission, upon application 
or on its own motion, may by order or rule exempt for the 
future any class of agreements between persons subject to this 
Act or any specified activity of such persons from any 
requirement of the Shipping Act, 1916, or Intercoastal Shipping 
Act, 1933, where it finds that such exemption will not 
substantially impair effective regulation by the Federal 
Maritime Commission, be unjustly discriminatory, or be 
detrimental to commerce.
    [The Commission may attach conditions to any such 
exemptions and may, by order, revoke any such exemption.
    [No order or rule of exemption or revocation of exemption 
shall be issued unless opportunity for hearing has been 
afforded interested persons.]
          * * * * * * *
    [Sec. 43. The Commission shall make such rules and 
regulations as may be necessary to carry out the provisions of 
this Act.
    [Sec. 45. The provisions of this Act and of the 
Intercoastal Shipping Act, 1933, shall not apply to maritime 
labor agreements and all provisions of such agreements except 
to the extent that such provisions provide for the funding of 
collectively bargained fringe benefit obligations on other than 
a uniform man-hour basis, regardless of the cargo handled or 
type of vessel or equipment utilized. Notwithstanding the 
preceding sentence, nothing in this section shall be construed 
as providing an exemption from the provisions of this Act or of 
the Intercoastal Shipping Act, 1933, for any rates, charges, 
regulations, or practices of a common carrier by water in 
interstate commerce or other person subject to this Act which 
are required to be set forth in a tariff, whether or not such 
rates, charges, regulations, or practices arise out of, or are 
otherwise related to a maritime labor agreement.]
          * * * * * * *
                              ----------                              


 SECTION 402 OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES 
                        APPROPRIATION ACT, 1982

    [Sec. 402. Notwithstanding any other provision of law or of 
this Act, none of the funds provided in this or any other Act 
shall hereafter be used by the Interstate Commerce Commission 
to approve railroad branchline adandonments in the State of 
North Dakota by the entity generally known as the Burlington 
Northern Railroad, or its agents or assignees, in excees of a 
total of 350 miles: Provided, That this section shau be in lieu 
of section 311 (amendment numbered 93) as set forth in the 
conference report and the joint explanatory statement of the 
committee of conference on the Department of Transportation and 
Related Agencies Appropriations Act, 1982 (H.R. 4209), filed in 
the House of Representatives on November 13, 1981 (H.Rept. No. 
97-331.]
     MINORITY VIEWS: H.R. 2539, THE ``ICC TERMINATION ACT OF 1995''

    We are including separate views to clarify that although we 
voted against reporting the bill, we intend to work 
cooperatively with the majority to develop a Floor amendment to 
resolve open issues in a manner which will enable us to support 
the bill when it is considered by the House.
    The bill reported by the Committee is clearly a work-in 
progress.
    When the Committee met to consider the bill, considerable 
work had been done to develop a bipartisan bill, but some 
important issues had not been resolved. The decision to proceed 
to a Committee mark-up was made because the appropriations 
process had limited Fiscal 1996 funding for ICC and the agency 
may have to shut down on December 5. If ICC transfer 
legislation is not passed by this date, ICC's authority to 
regulate transportation industries will remain on the books, 
but there will be no functioning agency to make the necessary 
decisions. The result will be that the industries regulated by 
the ICC will be unable to take actions which require prior ICC 
authorization.
    The Committee Chairman has made it clear that he will work 
with us to address the concerns which led us to vote against 
reporting the admittedly-preliminary bill considered by the 
Committee. We will cooperate fully in this process and we are 
hopeful that the result will be a bill which we can support.

                                   Robert A. Borski.
                                   William O. Lipinski.
                                   Peter A. DeFazio.
                                   Frank Mascara.
                                   James L. Oberstar.
                                   James A. Traficant.
                                   Corrine Brown.
                                   Barbara-Rose Collins.
                            ADDITIONAL VIEWS

    During Committee consideration of H.R. 2539 I voted to 
report the bill to the House for two reasons.
    First, as the Ranking Democrat on the Subcommittee on 
Surface Transportation I had no major objections to the motor 
carrier provisions of the legislation. These provisions were 
formulated in a bipartisan fashion, and addressed the majority 
of concerns I had advanced in these areas. In my view, under 
the circumstances we have formulated a bill which will cause 
the least disruption to the motor carrier industry and its 
employees as a result of the elimination of the ICC.
    Second, while I continue to have reservations over the 
manner by which this bill addresses the concerns of captive 
rail shippers, the amendments offered by the Chairman during 
Committee consideration made some progress in this area. 
Further, I have received reasonable assurances that my 
remaining captive shipper concerns will be taken into 
consideration as we proceed to bring this legislation to the 
House floor.
    With this stated, however, I strongly object to the manner 
by which this bill treats railroad labor. My vote to report 
H.R. 2539 should in no way be construed as representing my 
position on these matters. In fact, throughout my tenure in the 
Congress, I have maintained a strong position in support of the 
working men and women of this country, their right to bargain 
collectively, and the need to keep in place those provisions of 
federal law which seek to safeguard their employment and 
benefits. As further consideration is given to this 
legislation, I will work to see that the justifiable concerns 
being advanced by rail labor are addressed.

                                                       Nick Rahall.
