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<PRE>[DOCID: f:h2539enr.txt]
        H.R.2539

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
  the fourth day of January, one thousand nine hundred and ninety-five


                                 An Act


 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``ICC Termination 
Act of 1995''.
    (b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Effective date.

          TITLE I--ABOLITION OF INTERSTATE COMMERCE COMMISSION

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

                 TITLE II--SURFACE TRANSPORTATION BOARD

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

                    TITLE III--CONFORMING AMENDMENTS

              Subtitle A--Amendments to United States Code

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

                      Subtitle B--Other Amendments

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

                   TITLE IV--MISCELLANEOUS PROVISIONS

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

SEC. 2. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act shall take 
effect on January 1, 1996.

          TITLE I--ABOLITION OF INTERSTATE COMMERCE COMMISSION

SEC. 101. ABOLITION.

    The Interstate Commerce Commission is abolished.

SEC. 102. RAIL PROVISIONS.

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

                ``SUBTITLE IV--INTERSTATE TRANSPORTATION

                             ``PART A--RAIL

``Chapter
                                                                    Sec.
GENERAL PROVISIONS.................................................10101
JURISDICTION.......................................................10501
RATES..............................................................10701
LICENSING..........................................................10901
OPERATIONS.........................................................11101
FINANCE............................................................11301
FEDERAL-STATE RELATIONS............................................11501
ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES..................11701
CIVIL AND CRIMINAL PENALTIES.......................................11901

     ``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 C--PIPELINE CARRIERS

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

                             ``PART A--RAIL

                   ``CHAPTER 101--GENERAL PROVISIONS

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

``Sec. 10101. Rail transportation policy

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

``Sec. 10102. Definitions

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

                      ``CHAPTER 105--JURISDICTION

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

``Sec. 10501. General jurisdiction

    ``(a)(1) Subject to this chapter, the Board has jurisdiction over 
transportation by rail carrier that is--
        ``(A) only by railroad; or
        ``(B) by railroad and water, when the transportation is under 
    common control, management, or arrangement for a continuous 
    carriage or shipment.
    ``(2) Jurisdiction under paragraph (1) applies only to 
transportation in the United States between a place in--
        ``(A) a State and a place in the same or another State as part 
    of the interstate rail network;
        ``(B) a State and a place in a territory or possession of the 
    United States;
        ``(C) a territory or possession of the United States and a 
    place in another such territory or possession;
        ``(D) a territory or possession of the United States and 
    another place in the same territory or possession;
        ``(E) the United States and another place in the United States 
    through a foreign country; or
        ``(F) the United States and a place in a foreign country.
    ``(b) The jurisdiction of the Board over--
        ``(1) transportation by rail carriers, and the remedies 
    provided in this part with respect to rates, classifications, rules 
    (including car service, interchange, and other operating rules), 
    practices, routes, services, and facilities of such carriers; and
        ``(2) the construction, acquisition, operation, abandonment, or 
    discontinuance of spur, industrial, team, switching, or side 
    tracks, or facilities, even if the tracks are located, or intended 
    to be located, entirely in one State,
is exclusive. Except as otherwise provided in this part, the remedies 
provided under this part with respect to regulation of rail 
transportation are exclusive and preempt the remedies provided under 
Federal or State law.
    ``(c)(1) In this subsection--
        ``(A) the term `local governmental authority'--
            ``(i) has the same meaning given that term by section 
        5302(a) of this title; and
            ``(ii) includes a person or entity that contracts with the 
        local governmental authority to provide transportation 
        services; and
        ``(B) the term `mass transportation' means transportation 
    services described in section 5302(a) of this title that are 
    provided by rail.
    ``(2) Except as provided in paragraph (3), the Board does not have 
jurisdiction under this part over mass transportation provided by a 
local governmental authority.
    ``(3)(A) Notwithstanding paragraph (2) of this subsection, a local 
governmental authority, described in paragraph (2), is subject to 
applicable laws of the United States related to--
        ``(i) safety;
        ``(ii) the representation of employees for collective 
    bargaining; and
        ``(iii) employment, retirement, annuity, and unemployment 
    systems or other provisions related to dealings between employees 
    and employers.
    ``(B) The Board has jurisdiction under sections 11102 and 11103 of 
this title over transportation provided by a local governmental 
authority only if the Board finds that such governmental authority 
meets all of the standards and requirements for being a rail carrier 
providing transportation subject to the jurisdiction of the Interstate 
Commerce Commission that were in effect immediately before the 
effective date of the ICC Termination Act of 1995. The enactment of the 
ICC Termination Act of 1995 shall neither expand nor contract coverage 
of employees and employers by the Railway Labor Act, the Railroad 
Retirement Act of 1974, the Railroad Retirement Tax Act, and the 
Railroad Unemployment Insurance Act.

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

    ``(a) In a matter related to a rail carrier providing 
transportation subject to the jurisdiction of the Board under this 
part, the Board, to the maximum extent consistent with this part, shall 
exempt a person, class of persons, or a transaction or service whenever 
the Board finds that the application in whole or in part of a provision 
of this part--
        ``(1) is not necessary to carry out the transporta
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tion policy 
    of section 10101 of this title; and
        ``(2) either--
            ``(A) the transaction or service is of limited scope; or
            ``(B) the application in whole or in part of the provision 
        is not needed to protect shippers from the abuse of market 
        power.
    ``(b) The Board may, where appropriate, begin a proceeding under 
this section on its own initiative or on application by the Secretary 
of Transportation or an interested party. The Board shall, within 90 
days after receipt of any such application, determine whether to begin 
an appropriate proceeding. If the Board decides not to begin a class 
exemption proceeding, the reasons for the decision shall be published 
in the Federal Register.Any proceeding begun as a result of an 
application under this subsection shall be completed within 9 months 
after it is begun.
    ``(c) The Board may specify the period of time during which an 
exemption granted under this section is effective.
    ``(d) The Board may revoke an exemption, to the extent it 
specifies, when it finds that application in whole or in part of a 
provision of this part to the person, class, or transportation is 
necessary to carry out the transportation policy of section 10101 of 
this title. The Board shall, within 90 days after receipt of a request 
for revocation under this subsection, determine whether to begin an 
appropriate proceeding. If the Board decides not to begin a proceeding 
to revoke a class exemption, the reasons for the decision shall be 
published in the Federal Register. Any proceeding begun as a result of 
a request under this subsection shall be completed within 9 months 
after it is begun.
    ``(e) No exemption order issued pursuant to this section shall 
operate to relieve any rail carrier from an obligation to provide 
contractual terms for liability and claims which are consistent with 
the provisions of section 11706 of this title. Nothing in this 
subsection or section 11706 of this title shall prevent rail carriers 
from offering alternative terms nor give the Board the authority to 
require any specific level of rates or services based upon the 
provisions of section 11706 of this title.
    ``(f) The Board may exercise its authority under this section to 
exempt transportation that is provided by a rail carrier as part of a 
continuous intermodal movement.
    ``(g) The Board may not exercise its authority under this section 
to relieve a rail carrier of its obligation to protect the interests of 
employees as required by this part.

                          ``CHAPTER 107--RATES

                    ``SUBCHAPTER I--GENERAL AUTHORITY

``Sec.

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

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

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

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

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

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

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

``10708. Rail cost adjustment factor.

``10709. Contracts.

                 ``SUBCHAPTER II--SPECIAL CIRCUMSTANCES

``10721. Government traffic.

``10722. Car utilization.

                      ``SUBCHAPTER III--LIMITATIONS

``10741. Prohibitions against discrimination by rail carriers.

``10742. Facilities for interchange of traffic.

``10743. Liability for payment of rates.

``10744. Continuous carriage of freight.

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

``10746. Demurrage charges.

``10747. Designation of certain routes by shippers.

                   ``SUBCHAPTER I--GENERAL AUTHORITY

``Sec. 10701. Standards for rates, classifications, through routes, 
      rules, and practices
    ``(a) A through route established by a rail carrier must be 
reasonable. Divisions of joint rates by rail carriers must be made 
without unreasonable discrimination against a participating carrier and 
must be reasonable.
    ``(b) A rail carrier providing transportation subject to the 
jurisdiction of the Board under this part may not discriminate in its 
rates against a connecting line of another rail carrier providing 
transportation subject to the jurisdiction of the Board under this part 
or unreasonably discriminate against that line in the distribution of 
traffic that is not routed specifically by the shipper.
    ``(c) Except as provided in subsection (d) of this section and 
unless a rate is prohibited by a provision of this part, a rail carrier 
providing transportation subject to the jurisdiction of the Board under 
this part may establish any rate for transportation or other service 
provided by the rail carrier.
    ``(d)(1) If the Board determines, under section 10707 of this 
title, that a rail carrier has market dominance over the transportation 
to which a particular rate applies, the rate established by such 
carrier for such transportation must be reasonable.
    ``(2) In determining whether a rate established by a rail carrier 
is reasonable for purposes of this section, the Board shall give due 
consideration to--
        ``(A) the amount of traffic which is transported at revenues 
    which do not contribute to going concern value and the efforts made 
    to minimize such traffic;
        ``(B) the amount of traffic which contributes only marginally 
    to fixed costs and the extent to which, if any, rates on such 
    traffic can be changed to maximize the revenues from such traffic; 
    and
        ``(C) the carrier's mix of rail traffic to determine whether 
    one commodity is paying an unreasonable share of the carrier's 
    overall revenues,
recognizing the policy of this part that rail carriers shall earn 
adequate revenues, as established by the Board under section 
10704(a)(2) of this title.
    ``(3) The Board shall, within one year after the effective date of 
this paragraph, complete the pending Interstate Commerce Commission 
non-coal rate guidelines proceeding to establish a simplified and 
expedited method for determining the reasonableness of challenged rail 
rates in those cases in which a full stand-alone cost presentation is 
too costly, given the value of the case.
``Sec. 10702. Authority for rail carriers to establish rates, 
      classifications, rules, and practices
    ``A rail carrier providing transportation or service subject to the 
jurisdiction of the Board under this part shall establish reasonable--
        ``(1) rates, to the extent required by section 10707, divisions 
    of joint rates, and classifications for transportation and service 
    it may provide under this part; and
        ``(2) rules and practices on matters related to that 
    transportation or service.
``Sec. 10703. Authority for rail carriers to establish through routes
    ``Rail carriers providing transportation subject to the 
jurisdiction of the Board under this part shall establish through 
routes (including physical connections) with each other and with water 
carriers providing transportation subject to chapter 137, shall 
establish rates and classifications applicable to those routes, and 
shall establish rules for their operation and provide--
        ``(1) reasonable facilities for operating the through route; 
    and
        ``(2) reasonable compensation to persons entitled to 
    compensation for services related to the through route.
``Sec. 10704. Authority and criteria: rates, classifications, rules, 
      and practices prescribed by Board
    ``(a)(1) When the Board, after a full hearing, decides that a rate 
charged or collected by a rail carrier for transportation subject to 
the jurisdiction of the Board under this part, or that a 
classification, rule, or practice of that carrier, does or will violate 
this part, the Board may prescribe the maximum rate, classification, 
rule, or practice to be followed. The Board may order the carrier to 
stop the violation. When
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 a rate, classification, rule, or practice is 
prescribed under this subsection, the affected carrier may not publish, 
charge, or collect a different rate and shall adopt the classification 
and observe the rule or practice prescribed by the Board.
    ``(2) The Board shall maintain and revise as necessary standards 
and procedures for establishing revenue levels for rail carriers 
providing transportation subject to its jurisdiction under this part 
that are adequate, under honest, economical, and efficient management, 
to cover total operating expenses, including depreciation and 
obsolescence, plus a reasonable and economic profit or return (or both) 
on capital employed in the business. The Board shall make an adequate 
and continuing effort to assist those carriers in attaining revenue 
levels prescribed under this paragraph. Revenue levels established 
under this paragraph should--
        ``(A) provide a flow of net income plus depreciation adequate 
    to support prudent capital outlays, assure the repayment of a 
    reasonable level of debt, permit the raising of needed equity 
    capital, and cover the effects of inflation; and
        ``(B) attract and retain capital in amounts adequate to provide 
    a sound transportation system in the United States.
    ``(3) On the basis of the standards and procedures described in 
paragraph (2), the Board shall annually determine which rail carriers 
are earning adequate revenues.
    ``(b) The Board may begin a proceeding under this section only on 
complaint. A complaint under subsection (a) of this section must be 
made under section 11701 of this title, but the proceeding may also be 
in extension of a complaint pending before the Board.
    ``(c) In a proceeding to challenge the reasonableness of a rate, 
the Board shall make its determination as to the reasonableness of the 
challenged rate--
        ``(1) within 9 months after the close of the administrative 
    record if the determination is based upon a stand-alone cost 
    presentation; or
        ``(2) within 6 months after the close of the administrative 
    record if the determination is based upon the methodology adopted 
    by the Board pursuant to section 10701(d)(3).
    ``(d) Within 9 months after the effective date of the ICC 
Termination Act of 1995, the Board shall establish procedures to ensure 
expeditious handling of challenges to the reasonableness of railroad 
rates. The procedures shall include appropriate measures for avoiding 
delay in the discovery and evidentiary phases of such proceedings and 
exemption or revocation proceedings, including appropriate sanctions 
for such delay, and for ensuring prompt disposition of motions and 
interlocutory administrative appeals.
``Sec. 10705. Authority: through routes, joint classifications, rates, 
      and divisions prescribed by Board
    ``(a)(1) The Board may, and shall when it considers it desirable in 
the public interest, prescribe through routes, joint classifications, 
joint rates, the division of joint rates, and the conditions under 
which those routes must be operated, for a rail carrier providing 
transportation subject to the jurisdiction of the Board under this 
part.
    ``(2) The Board may require a rail carrier to include in a through 
route substantially less than the entire length of its railroad and any 
intermediate railroad operated with it under common management or 
control if that intermediate railroad lies between the terminals of the 
through route only when--
        ``(A) required under section 10741, 10742, or 11102 of this 
    title;
        ``(B) inclusion of those lines would make the through route 
    unreasonably long when compared with a practicable alternative 
    through route that could be established; or
        ``(C) the Board decides that the proposed through route is 
    needed to provide adequate, and more efficient or economic, 
    transportation.
The Board shall give reasonable preference, subject to this subsection, 
to the rail carrier originating the traffic when prescribing through 
routes.
    ``(b) The Board shall prescribe the division of joint rates to be 
received by a rail carrier providing transportation subject to its 
jurisdiction under this part when it decides that a division of joint 
rates established by the participating carriers under section 10703 of 
this title, or under a decision of the Board under subsection (a) of 
this section, does or will violate section 10701 of this title.
    ``(c) If a division of a joint rate prescribed under a decision of 
the Board is later found to violate section 10701 of this title, the 
Board may decide what division would have been reasonable and order 
adjustment to be made retroactive to the date the complaint was filed, 
the date the order for an investigation was made, or a later date that 
the Board decides is justified. The Board may make a decision under 
this subsection effective as part of its original decision.
``Sec. 10706. Rate agreements: exemption from antitrust laws
    ``(a)(1) In this subsection--
        ``(A) the term `affiliate' means a person controlling, 
    controlled by, or under common control or ownership with another 
    person and `ownership' refers to equity holdings in a business 
    entity of at least 5 percent;
        ``(B) the term `single-line rate' refers to a rate or allowance 
    proposed by a single rail carrier that is applicable only over its 
    line and for which the transportation (exclusive of terminal 
    services by switching, drayage or other terminal carriers or 
    agencies) can be provided by that carrier; and
        ``(C) the term `practicably participates in the movement' shall 
    have such meaning as the Board shall by regulation prescribe.
    ``(2)(A) A rail carrier providing transportation subject to the 
jurisdiction of the Board under this part that is a party to an 
agreement of at least 2 rail carriers that relates to rates (including 
charges between rail carriers and compensation paid or received for the 
use of facilities and equipment), classifications, divisions, or rules 
related to them, or procedures for joint consideration, initiation, 
publication, or establishment of them, shall apply to the Board for 
approval of that agreement under this subsection. The Board shall 
approve the agreement only when it finds that the making and carrying 
out of the agreement will further the transportation policy of section 
10101 of this title and may require compliance with conditions 
necessary to make the agreement further that policy as a condition of 
its approval. If the Board approves the agreement, it may be made and 
carried out under its terms and under the conditions required by the 
Board, and the Sherman Act (15 U.S.C. 1, et seq.), the Clayton Act (15 
U.S.C. 12, et seq.), the Federal Trade Commission Act (15 U.S.C. 41, et 
seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), 
and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) do not apply 
to parties and other persons with respect to making or carrying out the 
agreement. However, the Board may not approve or continue approval of 
an agreement when the conditions required by it are not met or if it 
does not receive a verified statement under subparagraph (B) of this 
paragraph.
    ``(B) The Board may approve an agreement under subparagraph (A) of 
this paragraph only when the rail carriers applying for approval file a 
verified statement with the Board. Each statement must specify for each 
rail carrier that is a party to the agreement--
        ``(i) the name of the carrier;
        ``(ii) the mailing address and telephone number of its 
    headquarter's office; and
        ``(iii) the names of each of its affiliates and the names, 
    addresses, and affiliates of each of its officers and directors and 
    of each person, together with an affiliate, owning or controlling 
    any debt, equity, or security interest in it having a value of at 
    least $1,000,000.
    ``(3)(A) An organization established or continued under an 
agreement approved under this subsection shall make a final disp
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osition 
of a rule or rate docketed with it by the 120th day after the proposal 
is docketed. Such an organization may not--
        ``(i) permit a rail carrier to discuss, to participate in 
    agreements related to, or to vote on single-line rates proposed by 
    another rail carrier, except that for purposes of general rate 
    increases and broad changes in rates, classifications, rules, and 
    practices only, if the Board finds at any time that the 
    implementation of this clause is not feasible, it may delay or 
    suspend such implementation in whole or in part;
        ``(ii) permit a rail carrier to discuss, to participate in 
    agreements related to, or to vote on rates related to a particular 
    interline movement unless that rail carrier practicably 
    participates in the movement; or
        ``(iii) if there are interline movements over two or more 
    routes between the same end points, permit a carrier to discuss, to 
    participate in agreements related to, or to vote on rates except 
    with a carrier which forms part of a particular single route. If 
    the Board finds at any time that the implementation of this clause 
    is not feasible, it may delay or suspend such implementation in 
    whole or in part.
    ``(B)(i) In any proceeding in which a party alleges that a rail 
carrier voted or agreed on a rate or allowance in violation of this 
subsection, that party has the burden of showing that the vote or 
agreement occurred. A showing of parallel behavior does not satisfy 
that burden by itself.
    ``(ii) In any proceeding in which it is alleged that a carrier was 
a party to an agreement, conspiracy, or combination in violation of a 
Federal law cited in subsection (a)(2)(A) of this section or of any 
similar State law, proof of an agreement, conspiracy, or combination 
may not be inferred from evidence that two or more rail carriers acted 
together with respect to an interline rate or related matter and that a 
party to such action took similar action with respect to a rate or 
related matter on another route or traffic. In any proceeding in which 
such a violation is alleged, evidence of a discussion or agreement 
between or among such rail carrier and one or more other rail carriers, 
or of any rate or other action resulting from such discussion or 
agreement, shall not be admissible if the discussion or agreement--
        ``(I) was in accordance with an agreement approved under 
    paragraph (2) of this subsection; or
        ``(II) concerned an interline movement of the rail carrier, and 
    the discussion or agreement would not, considered by itself, 
    violate the laws referred to in the first sentence of this clause.
In any proceeding before a jury, the court shall determine whether the 
requirements of subclause (I) or (II) are satisfied before allowing the 
introduction of any such evidence.
    ``(C) An organization described in subparagraph (A) of this 
paragraph shall provide that transcripts or sound recordings be made of 
all meetings, that records of votes be made, and that such transcripts 
or recordings and voting records be submitted to the Board and made 
available to other Federal agencies in connection with their statutory 
responsibilities over rate bureaus, except that such material shall be 
kept confidential and shall not be subject to disclosure under section 
552 of title 5, United States Code.
    ``(4) Notwithstanding any other provision of this subsection, one 
or more rail carriers may enter into an agreement, without obtaining 
prior Board approval, that provides solely for compilation, 
publication, and other distribution of rates in effect or to become 
effective. The Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 
U.S.C. 12 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et 
seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), 
and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) shall not 
apply to parties and other persons with respect to making or carrying 
out such agreement. However, the Board may, upon application or on its 
own initiative, investigate whether the parties to such an agreement 
have exceeded its scope, and upon a finding that they have, the Board 
may issue such orders as are necessary, including an order dissolving 
the agreement, to ensure that actions taken pursuant to the agreement 
are limited as provided in this paragraph.
    ``(5)(A) Whenever two or more shippers enter into an agreement to 
discuss among themselves that relates to the amount of compensation 
such shippers propose to be paid by rail carriers providing 
transportation subject to the jurisdiction of the Board under this 
part, for use by such rail carriers of rolling stock owned or leased by 
such shippers, the shippers shall apply to the Board for approval of 
that agreement under this paragraph. The Board shall approve the 
agreement only when it finds that the making and carrying out of the 
agreement will further the transportation policy set forth in section 
10101 of this title and may require compliance with conditions 
necessary to make the agreement further that policy as a condition of 
approval. If the Board approves the agreement, it may be made and 
carried out under its terms and under the terms required by the Board, 
and the antitrust laws set forth in paragraph (2) of this subsection do 
not apply to parties and other persons with respect to making or 
carrying out the agreement. The Board shall approve or disapprove an 
agreement under this paragraph within one year after the date 
application for approval of such agreement is made.
    ``(B) If the Board approves an agreement described in subparagraph 
(A) of this paragraph and the shippers entering into such agreement and 
the rail carriers proposing to use rolling stock owned or leased by 
such shippers, under payment by such carriers or under a published 
allowance, are unable to agree upon the amount of compensation to be 
paid for the use of such rolling stock, any party directly involved in 
the negotiations may require that the matter be settled by submitting 
the issues in dispute to the Board. The Board shall render a binding 
decision, based upon a standard of reasonableness and after taking into 
consideration any past precedents on the subject matter of the 
negotiations, no later than 90 days after the date of the submission of 
the dispute to the Board.
    ``(C) Nothing in this paragraph shall be construed to change the 
law in effect prior to the effective date of the Staggers Rail Act of 
1980 with respect to the obligation of rail carriers to utilize rolling 
stock owned or leased by shippers.
    ``(b) The Board may require an organization established or 
continued under an agreement approved under this section to maintain 
records and submit reports. The Board may inspect a record maintained 
under this section.
    ``(c) The Board may review an agreement approved under subsection 
(a) of this section and shall change the conditions of approval or 
terminate it when necessary to comply with the public interest and 
subsection (a). The Board shall postpone the effective date of a change 
of an agreement under this subsection for whatever period it determines 
to be reasonably necessary to avoid unreasonable hardship.
    ``(d) The Board may begin a proceeding under this section on its 
own initiative or on application. Action of the Board under this 
section--
        ``(1) approving an agreement;
        ``(2) denying, ending, or changing approval;
        ``(3) prescribing the conditions on which approval is granted; 
    or
        ``(4) changing those conditions,
has effect only as related to application of the antitrust laws 
referred to in subsection (a) of this section.
    ``(e)(1) The Federal Trade Commission, in consultation with the 
Antitrust Division of the Department of Justice, shall prepare 
periodically an assessment of, and shall report to the Board on--
        ``(A) possible anticompetitive features of--
            ``(i) agreements approved or submitted for approval under 
        subsection (a) of this section
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; and
            ``(ii) an organization operating under those agreements; 
        and
        ``(B) possible ways to alleviate or end an anticompetitive 
    feature, effect, or aspect in a manner that will further the goals 
    of this part and of the transportation policy of section 10101 of 
    this title.
    ``(2) Reports received by the Board under this subsection shall be 
published and made available to the public under section 552(a) of 
title 5.
``Sec. 10707. Determination of market dominance in rail rate 
      proceedings
    ``(a) In this section, `market dominance' means an absence of 
effective competition from other rail carriers or modes of 
transportation for the transportation to which a rate applies.
    ``(b) When a rate for transportation by a rail carrier providing 
transportation subject to the jurisdiction of the Board under this part 
is challenged as being unreasonably high, the Board shall determine 
whether the rail carrier proposing the rate has market dominance over 
the transportation to which the rate applies. The Board may make that 
determination on its own initiative or on complaint. A finding by the 
Board that the rail carrier does not have market dominance is 
determinative in a proceeding under this part related to that rate or 
transportation unless changed or set aside by the Board or set aside by 
a court of competent jurisdiction.
    ``(c) When the Board finds in any proceeding that a rail carrier 
proposing or defending a rate for transportation has market dominance 
over the transportation to which the rate applies, it may then 
determine that rate to be unreasonable if it exceeds a reasonable 
maximum for that transportation. However, a finding of market dominance 
does not establish a presumption that the proposed rate exceeds a 
reasonable maximum.
    ``(d)(1)(A) In making a determination under this section, the Board 
shall find that the rail carrier establishing the challenged rate does 
not have market dominance over the transportation to which the rate 
applies if such rail carrier proves that the rate charged results in a 
revenue-variable cost percentage for such transportation that is less 
than 180 percent.
    ``(B) For purposes of this section, variable costs for a rail 
carrier shall be determined only by using such carrier's unadjusted 
costs, calculated using the Uniform Rail Costing System cost finding 
methodology (or an alternative methodology adopted by the Board in lieu 
thereof) and indexed quarterly to account for current wage and price 
levels in the region in which the carrier operates, with adjustments 
specified by the Board. A rail carrier may meet its burden of proof 
under this subsection by establishing its variable costs in accordance 
with this paragraph, but a shipper may rebut that showing by evidence 
of such type, and in accordance with such burden of proof, as the Board 
shall prescribe.
    ``(2) A finding by the Board that a rate charged by a rail carrier 
results in a revenue-variable cost percentage for the transportation to 
which the rate applies that is equal to or greater than 180 percent 
does not establish a presumption that--
        ``(A) such rail carrier has or does not have market dominance 
    over such transportation; or
        ``(B) the proposed rate exceeds or does not exceed a reasonable 
    maximum.

``Sec. 10708. Rail cost adjustment factor

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

``Sec. 10709. Contracts

    ``(a) One or more rail carriers providing transportation subject to 
the jurisdiction of the Board under this part may enter into a contract 
with one or more purchasers of rail services to provide specified 
services under specified rates and conditions.
    ``(b) A party to a contract entered into under this section shall 
have no duty in connection with services provided under such contract 
other than those duties specified by the terms of the contract.
    ``(c)(1) A contract that is authorized by this section, and 
transportation under such contract, shall not be subject to this part, 
and may not be subsequently challenged before the Board or in any court 
on the grounds that such contract violates a provision of this part.
    ``(2) The exclusive remedy for any alleged breach of a contract 
entered into under this section shall be an action in an appropriate 
State court or United States district court, unless the parties 
otherwise agree. This section does not confer original jurisdiction on 
the district courts of the United States based on section 1331 or 1337 
of title 28, United States Code.
    ``(d)(1) A summary of each contract for the transportation of 
agricultural products (including grain, as defined in section 3 of the 
United States Grain Standards Act (7 U.S.C. 75) and products thereof) 
entered into under this section shall be filed with the Board, 
containing such nonconfidential information as the Board prescribes. 
The Board shall publish special rules for such contracts in order to 
ensure that the essential terms of the contract are available to the 
general public.
    ``(2) Documents, papers, and records (and any copies thereof) 
relating to a contract described in subsection (a) shall not be subject 
to the mandatory disclosure requirements of section 552 of title 5.
    ``(e) Any lawful contract between a rail carrier and one or more 
purchasers of rail service that was in effect on the effective date of 
the Staggers Rail Act of 1980 shall be considered a contract authorized 
by this section.
    ``(f) A rail carrier that enters into a contract as authorized by 
this section remains subject to the commoncarrier obligation set forth 
in section 11101, with respect to rail transportation not provided 
under such a contract.
    ``(g)(1) No later than 30 days after the date of filing of a 
summary of a contract under this section, the Board may, on complaint, 
begin a proceeding to review such contract on the grounds described in 
this subsection.
    ``(2)(A) A complaint may be filed under this subsection--
        ``(i) by a shipper on the grounds that such shipper 
    individually will be harmed because the proposed contract unduly 
    impairs the ability of the contracting rail carrier or carriers to 
    meet their common carrier obligations to the complainant under 
    section 11101 of this title; or
        ``(ii) by a port only on the grounds that such port 
    individually will be harmed because the proposed contract will 
    result in unreasonable discrimination against such port.
    ``(B) In addition to the grounds for a complaint described in 
subparagraph (A) of this paragraph, a complaint may be filed by a 
shipper of agricultural commodities on the grounds that such shipper 
individually will be harmed because--
        ``(i) the rail carrier has unreasonably discriminated by 
    refusing to enter into a contract with such shipper for rates and 
    services for the transportation of the same type of commodity under 
    similar conditions to the contract at issue, and that shipper was 
    ready, willing, and able to enter into such a contract at a time 
    essentially contemporaneous with the period during which the 
    contract at issue was offered; or
        ``(ii) the proposed contract constitutes a destructive 
    competitive practice under this part.
In making a determ
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ination under clause (ii) of this subparagraph, the 
Board shall consider the difference between contract rates and 
published single car rates.
    ``(C) For purposes of this paragraph, the term `unreasonable 
discrimination' has the same meaning as such term has under section 
10741 of this title.
    ``(3)(A) Within 30 days after the date a proceeding is commenced 
under paragraph (1) of this subsection, or within such shorter time 
period after such date as the Board may establish, the Board shall 
determine whether the contract that is the subject of such proceeding 
is in violation of this section.
    ``(B) If the Board determines, on the basis of a complaint filed 
under paragraph (2)(B)(i) of this subsection, that the grounds for a 
complaint described in such paragraph have been established with 
respect to a rail carrier, the Board shall, subject to the provisions 
of this section, order such rail carrier to provide rates and service 
substantially similar to the contract at issue with such differentials 
in terms and conditions as are justified by the evidence.
    ``(h)(1) Any rail carrier may, in accordance with the terms of this 
section, enter into contracts for the transportation of agricultural 
commodities (including forest products, but not including wood pulp, 
wood chips, pulpwood or paper) involving the utilization of carrier 
owned or leased equipment not in excess of 40 percent of the capacity 
of such carrier's owned or leased equipment by major car type (plain 
boxcars, covered hopper cars, gondolas and open top hoppers, coal cars, 
bulkhead flatcars, pulpwood rackcars, and flatbed equipment, including 
TOFC/COFC).
    ``(2) The Board may, on request of a rail carrier or other party or 
on its own initiative, grant such relief from the limitations of 
paragraph (1) of this subsection as the Board considers appropriate, if 
it appears that additional equipment may be made available without 
impairing the rail carrier's ability to meet its common carrier 
obligations under section 11101 of this title.
    ``(3)(A) This subsection shall cease to be effective after 
September 30, 1998.
    ``(B) Before October 1, 1997, the National Grain Car Council and 
the Railroad-Shipper Transportation Advisory Council shall make 
recommendations to Congress on whether to extend the effectiveness of 
or otherwise modify this subsection.

                 ``SUBCHAPTER II--SPECIAL CIRCUMSTANCES

``Sec. 10721. Government traffic

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

``Sec. 10722. Car utilization

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

                     ``SUBCHAPTER III--LIMITATIONS

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

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

``Sec. 10742. Facilities for interchange of traffic

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

``Sec. 10743. Liability for payment of rates

    ``(a)(1) Liability for payment of rates for transportation for a 
shipment of property by a shipper or consignor to a consignee other 
than the shipper or consignor, is determined under this subsection when 
the transportation is provided by a rail carrier under this part. When 
the shipper or consignor instructs the rail carrier transporting the 
property to deliver it to a consignee that is an agent only, not having 
beneficial title to the property, the consignee is liable for rates 
billed at the time of delivery for which the consignee is otherwise 
liable, but not for additional rates that may be found to be due after 
delivery if the consignee gives written notice to the delivering 
carrier before delivery of the property--
        ``(A) of the agency and absence of beneficial title; and
        ``(B) of the name and address of the beneficial owner of the 
    property if it is reconsigned or diverted to a place other than the 
    place specified in the original bill of lading.
    ``(2) When the consignee is liable only for rates billed at the 
time of delivery under paragraph (1) of this subsection, the shipper or 
consignor, or, if the property is reconsigned or diverted, the 
beneficial owner, is liable for those additional rates regardless of 
the bill of lading or contract under which the property was 
transported. The beneficial owner is liable for all rates when the 
property is reconsigned or diverted by an agent but is refused or 
abandoned at its ultimate destination if the agent gave the rail 
carrier in the reconsignment or diversion order a notice of agency and 
the name and address of the beneficial owner. A consignee giving the 
rail carrier, and a reconsignor or diverter giving a rail carrier, 
erroneous information about the identity of the beneficial owner of the 
property is liable for the additional rates.
    ``(b) Liability for payment of rates for transportation for a 
shipment of property by a shipper or consignor, named in the bill of 
lading as consignee, is determined under this subsection when the 
transportation is provided by a rail carrier under this part. When the 
shipper or consignor gives written notice, before delivery of the 
property, to the line-haul rail carrier that is to make ultimate 
delivery--
        ``(1) to deliver the property to another party identified by 
    the shipper or consignor as the beneficial owner of the property; 
    and
        ``(2) that delivery is to be made to that party on payment of 
    all applicable transportation rates;
that party is liable for the rates billed at the time of delivery and 
for additional rates that may be found to be due after delivery if that 
party does not pay the rates required to be paid under paragraph (2) of 
this subsection on delivery. However, if the party gives written notice 
to the delivering rail carrier before delivery that the party is not 
the beneficial owner of the property and gives the rail
2000
 carrier the 
name and address of the beneficial owner, then the party is not liable 
for those additional rates. A shipper, consignor, or party to whom 
delivery is made that gives the delivering rail carrier erroneous 
information about the identity of the beneficial owner, is liable for 
the additional rates regardless of the bill of lading or contract under 
which the property was transported. This subsection does not apply to a 
prepaid shipment of property.
    ``(c)(1) A rail carrier may bring an action to enforce liability 
under subsection (a) of this section. That rail carrier must bring the 
action during the period provided in section 11705(a) of this title or 
by the end of the 6th month after final judgment against it in an 
action against the consignee, or the beneficial owner named by the 
consignee or agent, under that section.
    ``(2) A rail carrier may bring an action to enforce liability under 
subsection (b) of this section. That carrier must bring the action 
during the period provided in section 11705(a) of this title or by the 
end of the 6th month after final judgment against it in an action 
against the shipper, consignor, or other party under that section.

``Sec. 10744. Continuous carriage of freight

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

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

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

``Sec. 10746. Demurrage charges

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

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

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

                        ``CHAPTER 109--LICENSING

``Sec.
``10901. Authorizing construction and operation of railroad lines.
``10902. Short line purchases by Class II and Class III rail carriers.
``10903. Filing and procedure for application to abandon or discontinue.
``10904. Offers of financial assistance to avoid abandonment and 
          discontinuance.
``10905. Offering abandoned rail properties for sale for public 
          purposes.
``10906. Exception.
``10907. Railroad development.
``Sec. 10901. Authorizing construction and operation of railroad lines
    ``(a) A person may--
        ``(1) construct an extension to any of its railroad lines;
        ``(2) construct an additional railroad line;
        ``(3) provide transportation over, or by means of, an extended 
    or additional railroad line; or
        ``(4) in the case of a person other than a rail carrier, 
    acquire a railroad line or acquire or operate an extended or 
    additional railroad line,
only if the Board issues a certificate authorizing such activity under 
subsection (c).
    ``(b) A proceeding to grant authority under subsection (a) of this 
section begins when an application is filed. On receiving the 
application, the Board shall give reasonable public notice, including 
notice to the Governor of any affected State, of the beginning of such 
proceeding.
    ``(c) The Board shall issue a certificate authorizing activities 
for which such authority is requested in an application filed under 
subsection (b) unless the Board finds that such activities are 
inconsistent with the public convenience and necessity. Such 
certificate may approve the application as filed, or with 
modifications, and may require compliance with conditions (other than 
labor protection conditions) the Board finds necessary in the public 
interest.
    ``(d)(1) When a certificate has been issued by the Board under this 
section authorizing the construction or extension of a railroad line, 
no 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 ofparagraph (1) of this 
subsection, either party may submit the matters in dispute to the Board 
for determination. The Board shall make a determination under this 
paragraph within 120 days after the dispute is submitted for 
determination.
``Sec. 10902. Short line purchases by Class II and Class III rail 
      carriers
    ``(a) A Class II or Class III rail carrier providing transportation 
subject to the jurisdiction of the Board under this part may acquire or 
operate an extended or additional rail line under this section only if 
the Board issues a certificate authorizing such activity under 
subsection (c).
    ``(b) A proceeding to grant authority under subsection (a) of this 
section begins when an application is filed. On receiving the 
application, the Board shall give reasonable public notice of the 
beginning of such proceeding.
    ``(c) The Board shall issue a certificate authorizing activities 
for which such authority is requested in an application filed under 
subsection (
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b) unless the Board finds that such activities are 
inconsistent with the public convenience and necessity. Such 
certificate may approve the application as filed, or with 
modifications, and may require compliance with conditions (other than 
labor protection conditions) the Board finds necessary in the public 
interest.
    ``(d) The Board shall require any Class II rail carrier which 
receives a certificate under subsection (c) of this section to provide 
a fair and equitable arrangement for the protection of the interests of 
employees who may be affected thereby. The arrangement shall consist 
exclusively of one year of severance pay, which shall not exceed the 
amount of earnings from railroad employment of the employee during the 
12-month period immediately preceding the date on which the application 
for such certificate is filed with the Board. The amount of such 
severance pay shall be reduced by the amount of earnings from railroad 
employment of the employee with the acquiring carrier during the 12-
month period immediately following the effective date of the 
transaction to which the certificate applies. The parties may agree to 
terms other than as provided in this subsection. The Board shall not 
require such an arrangement from a Class III rail carrier which 
receives a certificate under subsection (c) of this section.
``Sec. 10903. Filing and procedure for application to abandon or 
      discontinue
    ``(a)(1) A rail carrier providing transportation subject to the 
jurisdiction of the Board under this part who intends to--
        ``(A) abandon any part of its railroad lines; or
        ``(B) discontinue the operation of all rail transportation over 
    any part of its railroad lines,
must file an application relating thereto with the Board. An 
abandonment or discontinuance may be carried out only as authorized 
under this chapter.
    ``(2) When a rail carrier providing transportation subject to the 
jurisdiction of the Board under this part files an application, the 
application shall include--
        ``(A) an accurate and understandable summary of the rail 
    carrier's reasons for the proposed abandonment or discontinuance;
        ``(B) a statement indicating that each interested person is 
    entitled to make recommendations to the Board on the future of the 
    rail line; and
        ``(C)(i) a statement that the line is available for subsidy or 
    sale in accordance with section 10904 of this title, (ii) a 
    statement that the rail carrier will promptly provide to each 
    interested party an estimate of the annual subsidy and minimum 
    purchase price, calculated in accordance with section 10904 of this 
    title, and (iii) the name and business address of the person who is 
    authorized to discuss the subsidy or sale terms for the rail 
    carrier.
    ``(3) The rail carrier shall--
        ``(A) send by certified mail notice of the application to the 
    chief executive officer of each State that would be directly 
    affected by the proposed abandonment or discontinuance;
        ``(B) post a copy of the notice in each terminal and station on 
    each portion of a railroad line proposed to be abandoned or over 
    which all transportation is to be discontinued;
        ``(C) publish a copy of the notice for 3 consecutive weeks in a 
    newspaper of general circulation in each county in which each such 
    portion is located;
        ``(D) mail a copy of the notice, to the extent practicable, to 
    all shippers that have made significant use (as designated by the 
    Board) of the railroad line during the 12 months preceding the 
    filing of the application; and
        ``(E) attach to the application filed with the Board an 
    affidavit certifying the manner in which subparagraphs (A) through 
    (D) of this paragraph have been satisfied, and certifying that 
    subparagraphs (A) through (D) have been satisfied within the most 
    recent 30 days prior to the date the application is filed.
    ``(b)(1) Except as provided in subsection (d), abandonment and 
discontinuance may occur as provided in section 10904.
    ``(2) The Board shall require as a condition of any abandonment or 
discontinuance under this section provisions to protect the interests 
of employees. The provisions shall be at least as beneficial to those 
interests as the provisions established under sections 11326(a) and 
24706(c) of this title.
    ``(c)(1) In this subsection, the term `potentially subject to 
abandonment' has the meaning given the term in regulations of the 
Board. The regulations may include standards that vary by region of the 
United States and by railroad or group of railroads.
    ``(2) Each rail carrier shall maintain a complete diagram of the 
transportation system operated, directly or indirectly, by the rail 
carrier. The rail carrier shall submit to the Board and publish 
amendments to its diagram that are necessary to maintain the accuracy 
of the diagram. The diagram shall--
        ``(A) include a detailed description of each of its railroad 
    lines potentially subject to abandonment; and
        ``(B) identify each railroad line for which the rail carrier 
    plans to file an application to abandon or discontinue under 
    subsection (a) of this section.
    ``(d) A rail carrier providing transportation subject to the 
jurisdiction of the Board under this part may--
        ``(1) abandon any part of its railroad lines; or
        ``(2) discontinue the operation of all rail transportation over 
    any part of its railroad lines;
only if the Board finds that the present or future public convenience 
and necessity require or permit the abandonment or discontinuance. In 
making the finding, the Board shall consider whether the abandonment or 
discontinuance will have a serious, adverse impact on rural and 
community development.
    ``(e) Subject to this section and sections 10904 and 10905 of this 
title, if the Board--
        ``(1) finds public convenience and necessity, it shall--
            ``(A) approve the application as filed; or
            ``(B) approve the application with modifications and 
        require compliance with conditions that the Board finds are 
        required by public convenience and necessity; or
        ``(2) fails to find public convenience and necessity, it shall 
    deny the application.
``Sec. 10904. Offers of financial assistance to avoid abandonment and 
      discontinuance
    ``(a) In this section--
        ``(1) the term `avoidable cost' means all expenses that would 
    be incurred by a rail carrier in providing transportation that 
    would not be incurred if the railroad line over which the 
    transportation was provided were abandoned or if the transportation 
    were discontinued. Expenses include cash inflows foregone and cash 
    outflows incurred by the rail carrier as a result of not abandoning 
    or discontinuing the transportation. Cash inflows foregone and cash 
    outflows incurred include--
            ``(A) working capital and required capital expenditure;
            ``(B) expenditures to eliminate deferred maintenance;
            ``(C) the current cost of freight cars, locomotives, and 
        other equipment; and
            ``(D) the foregone tax benefits from not retiring 
        properties from rail service and other effects of applicable 
        Federal and State income taxes; and
        ``(2) the term `reasonable return' means--
            ``(A) if a rail carrier is not in reorganization, the cost 
        of capital to the rail carrier, as determined by the Board; and
            ``(B) if a rail carrier is in reorganization, the mean cost 
        of capital of rail carriers not in reorganization, as 
        determined by the Board.
    ``(b) Any rail carrier which has filed an application for 
abandonment or discontinuance shall provide promptly to a party 
considering an offer of financial assistance and shall provide 
concurrently to the Board--
        ``(1) an estimate of the annual subsidy and minimum purchase 
    price required to keep the line or a portion of the line in 
    opera
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tion;
        ``(2) its most recent reports on the physical condition of that 
    part of the railroad line involved in the proposed abandonment or 
    discontinuance;
        ``(3) traffic, revenue, and other data necessary to determine 
    the amount of annual financial assistance which would be required 
    to continue rail transportation over that part of the railroad 
    line; and
        ``(4) any other information that the Board considers necessary 
    to allow a potential offeror to calculate an adequate subsidy or 
    purchase offer.
    ``(c) Within 4 months after an application is filed under section 
10903, any person may offer to subsidize or purchase the railroad line 
that is the subject of such application. Such offer shall be filed 
concurrently with the Board. If the offer to subsidize or purchase is 
less than the carrier's estimate stated pursuant to subsection (b)(1), 
the offer shall explain the basis of the disparity, and the manner in 
which the offer is calculated.
    ``(d)(1) Unless the Board, within 15 days after the expiration of 
the 4-month period described in subsection (c), finds that one or more 
financially responsible persons (including a governmental authority) 
have offered financial assistance regarding that part of the railroad 
line to be abandoned or over which all rail transportation is to be 
discontinued, abandonment or discontinuance may be carried out in 
accordance with section 10903.
    ``(2) If the Board finds that such an offer or offers of financial 
assistance has been made within such period, abandonment or 
discontinuance shall be postponed until--
        ``(A) the carrier and a financially responsible person have 
    reached agreement on a transaction for subsidy or sale of the line; 
    or
        ``(B) the conditions and amount of compensation are established 
    under subsection (f).
    ``(e) Except as provided in subsection (f)(3), if the rail carrier 
and a financially responsible person (including a governmental 
authority) fail to agree on the amount or terms of the subsidy or 
purchase, either party may, within 30 days after the offer is made, 
request that the Board establish the conditions and amount of 
compensation.
    ``(f)(1) Whenever the Board is requested to establish the 
conditions and amount of compensation under this section--
        ``(A) the Board shall render its decision within 30 days;
        ``(B) for proposed sales, the Board shall determine the price 
    and other terms of sale, except that in no case shall the Board set 
    a price which is below the fair market value of the line 
    (including, unless otherwise mutually agreed, all facilities on the 
    line or portion necessary to provide effective transportation 
    services); and
        ``(C) for proposed subsidies, the Board shall establish the 
    compensation as the difference between the revenues attributable to 
    that part of the railroad line and the avoidable cost of providing 
    rail freight transportation on the line, plus a reasonable return 
    on the value of the line.
    ``(2) The decision of the Board shall be binding on both parties, 
except that the person who has offered to subsidize or purchase the 
line may withdraw his offer within 10 days of the Board's decision. In 
such a case, the abandonment or discontinuance may be carried out 
immediately, unless other offers are being considered pursuant to 
paragraph (3) of this subsection.
    ``(3) If a rail carrier receives more than one offer to subsidize 
or purchase, it shall select the offeror with whom it wishes to 
transact business, and complete the subsidy or sale agreement, or 
request that the Board establish the conditions and amount of 
compensation before the 40th day after the expiration of the 4-month 
period described in subsection (c). If no agreement on subsidy or sale 
is reached within such 40-day period and the Board has not been 
requested to establish the conditions and amount of compensation, any 
other offeror whose offer was made within the 4-month period described 
in subsection (c) may request that the Board establish the conditions 
and amount of compensation. If the Board has established the conditions 
and amount of compensation, and the original offer has been withdrawn, 
any other offeror whose offer was made within the 4-month period 
described in subsection (c) may accept the Board's decision within 20 
days after such decision, and the Board shall require the carrier to 
enter into a subsidy or sale agreement with such offeror, if such 
subsidy or sale agreement incorporates the Board's decision.
    ``(4)(A) No purchaser of a line or portion of line sold under this 
section may transfer or discontinue service on such line prior to the 
end of the second year after consummation of the sale, nor may such 
purchaser transfer such line, except to the rail carrier from whom it 
was purchased, prior to the end of the fifth year after consummation of 
the sale.
    ``(B) No subsidy arrangement approved under this section shall 
remain in effect for more than one year, unless otherwise mutually 
agreed by the parties.
    ``(g) Upon abandonment of a railroad line under this chapter, the 
obligation of the rail carrier abandoning the line to provide 
transportation on that line, as required by section 11101(a), is 
extinguished.
``Sec. 10905. Offering abandoned rail properties for sale for public 
      purposes
    ``When the Board approves an application to abandon or discontinue 
under section 10903, the Board shall find whether the rail properties 
that are involved in the proposed abandonment or discontinuance are 
appropriate for use for public purposes, including highways, other 
forms of mass transportation, conservation, energy production or 
transmission, or recreation. If the Board finds that the rail 
properties proposed to be abandoned are appropriate for public purposes 
and not required for continued rail operations, the properties may be 
sold, leased, exchanged, or otherwise disposed of only under conditions 
provided in the order of the Board. The conditions may include a 
prohibition on any such disposal for a period of not more than 180 days 
after the effective date of the order, unless the properties have first 
been offered, on reasonable terms, for sale for public purposes.

``Sec. 10906. Exception

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

``Sec. 10907. Railroad development

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

                       ``CHAPTER 111--OPERATIONS

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

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

                      ``SUBCHAPTER II--CAR SERVICE

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

                  ``SUBCHAPTER III--REPORTS AND RECORDS

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

                ``SUBCHAPTER IV--RAILROAD COST ACCOUNTING

``11161. Implementation of cost accounting principles.
``11162. Rail carrier cost accounting system.
``11163. Cost availability.
``11164. Accounting and cost reporting.

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

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

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

2000
the effective date of the ICC Termination Act of 1995.

``Sec. 11102. Use of terminal facilities

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

``Sec. 11103. Switch connections and tracks

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

                      ``SUBCHAPTER II--CAR SERVICE

``Sec. 11121. Criteria

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

``Sec. 11122. Compensation and practice

    ``(a) The regulations of the Board on car service shall encourage 
the purchase, acquisition, and efficient use of freight cars. The 
regulations may include--
        ``(1) the compensation to be paid for the use of a locomotive, 
    freight car, or other vehicle;
        ``(2) the other terms of any arrangement for the use by a rail 
    carrier of a locomotive, freight car, or other vehicle not owned by 
    the rail carrier using the locomotive, freight car, or other 
    vehicle, whether or not owned by another carrier, shipper, or third 
    person; and
        ``(3) sanctions for nonobservance.
    ``(b) The rate of compensation to be paid for each type of freight 
car shall be determined by the expense of owning and maintaining that 
type of freight car, including a fair return on its cost giving 
consideration to current costs of capital, repairs, materials, parts, 
and labor. In determining the rate of compensation, the Board shall 
consider the transportation use of each type of freight car, the 
national level of ownership of each type of freight car, and other 
factors that affect the adequacy of the national freight car supply.
``Sec. 11123. Situations requiring immediate action to serve the public
    ``(a) When the Board determines that shortage of equipment, 
congestion of traffic, unauthorized cessation of operations, or other 
failure of traffic movement exists which creates an emergency situation 
of such magnitude as to have substantial adverse effects on shippers, 
or on rail service in a region of the United States, or that a rail 
carrier providing transportation subject to the jurisdiction of the 
Board under this part cannot transport the traffic offered to it in a 
manner that properly serves the public, the Board may, to promote 
commerce and service to the public, for a period not to exceed 30 
days--
        ``(1) direct the handling, routing, and movement of the traffic 
    of a rail carrier and its distribution over its own or other 
    railroad lines;
        ``(2) require joint or common use of railroad facilities;
        ``(3) prescribe temporary through routes; or
        ``(4) give directions for--
            ``(A) preference or priority in transportation;
            ``(B) embargoes; or
            ``(C) movement of traffic under permits.
    ``(b)(1) Except with respect to proceedings under paragraph (2) of 
this subsection, the Board may act under this section on its own 
initiative or on application without regard to subchapter II of chapter 
5 of title 5.
    ``(2) Rail carriers may establish between themselves the terms of 
compensation for operations, and use of facilities and equipment, 
required under this sec
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tion. When rail carriers do not agree on the 
terms of compensation under this section, the Board may establish the 
terms for them. The Board may act under subsection (a) before 
conducting a proceeding under this paragraph.
    ``(3) When a rail carrier is directed under this section to operate 
the lines of another rail carrier due to that carrier's cessation of 
operations, compensation for the directed operations shall derive only 
from revenues generated by the directed operations.
    ``(c)(1) The Board may extend any action taken under subsection (a) 
of this section beyond 30 days if the Board finds that a transportation 
emergency described in subsection (a) continues to exist. Action by the 
Board under subsection (a) of this section may not remain in effect for 
more than 240 days beyond the initial 30-day period.
    ``(2) The Board may not take action under this section that would--
        ``(A) cause a rail carrier to operate in violation of this 
    part; or
        ``(B) impair substantially the ability of a rail carrier to 
    serve its own customers adequately, or to fulfill its common 
    carrier obligations.
    ``(3) A rail carrier directed by the Board to take action under 
this section is not responsible, as a result of that action, for debts 
of any other rail carrier.
    ``(d) In carrying out this section, the Board shall require, to the 
maximum extent practicable, the use of employees who would normally 
have performed work in connection with the traffic subject to the 
action of the Board.

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

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

                 ``SUBCHAPTER III--REPORTS AND RECORDS

``Sec. 11141. Definitions

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

``Sec. 11142. Uniform accounting system

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

``Sec. 11143. Depreciation charges

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

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

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

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

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

               ``SUBCHAPTER IV--RAILROAD COST ACCOUNTING

``Sec. 11161. Implementation of cost accounting principles

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

``Sec. 11162. Rail carrier cost accounting system

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

``Sec. 11163. Cost availability

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

``Sec. 11164. Accounting and cost reporting

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

                         ``CHAPTER 113--FINANCE

         ``SUBCHAPTER I--EQUIPMENT TRUSTS AND SECURITY INTERESTS

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

                      ``SUBCHAPTER II--COMBINATIONS

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

        ``SUBCHAPTER I--EQUIPMENT TRUSTS AND SECURITY INTERESTS

``Sec. 11301. Equipment trusts: recordation; evidence of indebtedness
    ``(a) A mortgage (other than a mortgage under chapter 313 of title 
46), lease, equipment trust agreement, conditional sales agreement, or 
other instrument evidencing the mortgage, lease, conditional sale, or 
bailment of or security interest in vessels, railroad cars, 
locomotives, or other rolling stock, or accessories used on such 
railroad cars, locomotives, or other rolling stock (including 
superstructures and racks), intended for a use related to interstate 
commerce shall be filed with the Board in order to perfect the security 
interest that is the subject of such instrument. An assignment of a 
right or interest under one of those instruments and an amendment to 
that instrument or assignment including a release, discharge, or 
satisfaction of any part of it shall also be filed with the Board. The 
instrument, assignment, or amendment must be in writing, executed by 
the parties to it, and acknowledged or verified under Board 
regulations. When filed under this section, that document is notice to, 
and enforceable against, all persons. A document filed under this 
section does not have to be filed, deposited, registered, or recorded 
under another law of the United States, a State (or its political 
subdivisions), or territory or possession of the United States, related 
to filing, deposit, registration, or recordation of those documents. 
This section does not change chapter 313 of title 46.
    ``(b) The Board shall maintain a system for recording each document 
filed under subsection (a) of this section and mark each of them with a 
consecutive number and the date and hour of their recordation. The 
Board shall maintain and keep open for public inspection an index of 
documents filed under that subsection. That index shall include the 
name and address of the principal debtors, trustees, guarantors, and 
other parties to those documents and may include other facts that will 
assist in determining the rights of the parties to those transactions.
    ``(c) The Board may to the greatest extent practicable perform its 
functions under this section through contracts with private sector 
entities.
    ``(d) A mortgage, lease, equipment trust agreement, conditional 
sales agreement, or other instrument evidencing the mortgage, lease, 
conditional sale, or bailment of or security interest in vessels, 
railroad cars, locomotives, or other rolling stock, or accessories used 
on such railroad cars, locomotives, or other rolling stock (including 
superstructures and racks), or any assignment thereof, which--
        ``(1) is duly constituted under the laws of a country other 
    than the United States; and
        ``(2) relates to property that bears the reporting marks and 
    identification numbers of any person domiciled in or corporation 
    organized under the laws of such country,
shall be recognized with the same effect as having been filed under 
this section.
    ``(e) Interests with respect to which documents are filed or 
recognized under this section are deemed perfected in all 
jurisdictions, and shall be governed by applicable State or foreign law 
in all matters not specifically governed by this section.
    ``(f) The Board shall collect, maintain, and keep open for public 
inspection a railway equipment register consistent with the manner and 
format maintained by the Interstate Commerce Commission as of the 
effective date of the ICC Termination Act of 1995.

                     ``SUBCHAPTER II--COMBINATIONS

``Sec. 11321. Scope of authority

    ``(a) The authority of the Board under this subchapter is 
exclusive. A rail carrier or corporation participating in or resulting 
from a transaction approved by or exempted by the Board under this 
subchapter may carry out the transaction, own and operate property, and 
exercise control or franchises acquired through the transaction without 
the approval of a State authority. A rail carrier, corporation, or 
person participating in that approved or exempted transaction is exempt 
from the antitrust laws and from all other law, including State and 
municipal law, as necessary to let that rail carrier, corporation, or 
person carry out the transaction, hold, maintain, and operate property, 
and exercise control or franchises acquired through the transaction. 
However, if a purchase and sale, a lease, or a corporate consolidation 
or merger is involved in the transaction, the carrier or corporation 
may carry out the transaction only with the assent of a majority, or 
the number required under applicable State law, of the votes of the 
holders of the capital stock of that corporation entitled to vote. The 
vote must occur at a regular meeting, or special meeting called for 
that purpose, of those stockholders and the notice of the meeting must 
indicate its purpose.
    ``(b) A power granted under this subchapter to a carrier or 
corporation is in addition to and changes its powers under its 
corporate charter and under State law. Action under this subchapter 
does not establish or provide for establishing a corporation under the 
laws of the United States.
``Sec. 11322. Limitation on pooling and division of transportation or 
      earnings
    ``(a) A rail carrier providing transportation subject to the 
jurisdiction of the Board under this part may not agree or combine with 
another of those rail carriers to pool or divide traffic or services or 
any part of their earnings without the approval of the Board under this 
section or section 11123 of this title. The Board may approve and 
authorize the agreement or combination if the rail carriers involved 
assent to the pooling or division and the Board finds that a pooling or 
division of traffic, services, or earnings--
        ``(1) will be in the interest of better service to the public 
    or of economy of operation; and
        ``(2) will not unreasonably restrain competition.
    ``(b) The Board may impose conditions governing the pooling or 
division and may
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 approve and authorize payment of a reasonable 
consideration between the rail carriers.
    ``(c) The Board may begin a proceeding under this section on its 
own initiative or on application.

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

    ``(a) The following transactions involving rail carriers providing 
transportation subject to the jurisdiction of the Board under this part 
may be carried out only with the approval and authorization of the 
Board:
        ``(1) Consolidation or merger of the properties or franchises 
    of at least 2 rail carriers into one corporation for the ownership, 
    management, and operation of the previously separately owned 
    properties.
        ``(2) A purchase, lease, or contract to operate property of 
    another rail carrier by any number of rail carriers.
        ``(3) Acquisition of control of a rail carrier by any number of 
    rail carriers.
        ``(4) Acquisition of control of at least 2 rail carriers by a 
    person that is not a rail carrier.
        ``(5) Acquisition of control of a rail carrier by a person that 
    is not a rail carrier but that controls any number of rail 
    carriers.
        ``(6) Acquisition by a rail carrier of trackage rights over, or 
    joint ownership in or joint use of, a railroad line (and terminals 
    incidental to it) owned or operated by another rail carrier.
    ``(b) A person may carry out a transaction referred to in 
subsection (a) of this section or participate in achieving the control 
or management, including the power to exercise control or management, 
in a common interest of more than one of those rail carriers, 
regardless of how that result is reached, only with the approval and 
authorization of the Board under this subchapter. In addition to other 
transactions, each of the following transactions are considered 
achievements of control or management:
        ``(1) A transaction by a rail carrier that has the effect of 
    putting that rail carrier and person affiliated with it, taken 
    together, in control of another rail carrier.
        ``(2) A transaction by a person affiliated with a rail carrier 
    that has the effect of putting that rail carrier and persons 
    affiliated with it, taken together, in control of another rail 
    carrier.
        ``(3) A transaction by at least 2 persons acting together (one 
    of whom is a rail carrier or is affiliated with a rail carrier) 
    that has the effect of putting those persons and rail carriers and 
    persons affiliated with any of them, or with any of those 
    affiliated rail carriers, taken together, in control of another 
    rail carrier.
    ``(c) A person is affiliated with a rail carrier under this 
subchapter if, because of the relationship between that person and a 
rail carrier, it is reasonable to believe that the affairs of another 
rail carrier, control of which may be acquired by that person, will be 
managed in the interest of the other rail carrier.
``Sec. 11324. Consolidation, merger, and acquisition of control: 
      conditions of approval
    ``(a) The Board may begin a proceeding to approve and authorize a 
transaction referred to in section 11323 of this title on application 
of the person seeking that authority. When an application is filed with 
the Board, the Board shall notify the chief executive officer of each 
State in which property of the rail carriers involved in the proposed 
transaction is located and shall notify those rail carriers. The Board 
shall hold a public hearing unless the Board determines that a public 
hearing is not necessary in the public interest.
    ``(b) In a proceeding under this section which involves the merger 
or control of at least two Class I railroads, as defined by the Board, 
the Board shall consider at least--
        ``(1) the effect of the proposed transaction on the adequacy of 
    transportation to the public;
        ``(2) the effect on the public interest of including, or 
    failing to include, other rail carriers in the area involved in the 
    proposed transaction;
        ``(3) the total fixed charges that result from the proposed 
    transaction;
        ``(4) the interest of rail carrier employees affected by the 
    proposed transaction; and
        ``(5) whether the proposed transaction would have an adverse 
    effect on competition among rail carriers in the affected region or 
    in the national rail system.
    ``(c) The Board shall approve and authorize a transaction under 
this section when it finds the transaction is consistent with the 
public interest. The Board may impose conditions governing the 
transaction, including the divestiture of parallel tracks or requiring 
the granting of trackage rights and access to other facilities. Any 
trackage rights and related conditions imposed to alleviate 
anticompetitive effects of the transaction shall provide for operating 
terms and compensation levels to ensure that such effects are 
alleviated. When the transaction contemplates a guaranty or assumption 
of payment of dividends or of fixed charges or will result in an 
increase of total fixed charges, the Board may approve and authorize 
the transaction only if it finds that the guaranty, assumption, or 
increase is consistent with the public interest. The Board may require 
inclusion of other rail carriers located in the area involved in the 
transaction if they apply for inclusion and the Board finds their 
inclusion to be consistent with the public interest.
    ``(d) In a proceeding under this section which does not involve the 
merger or control of at least two Class I railroads, as defined by the 
Board, the Board shall approve such an application unless it finds 
that--
        ``(1) as a result of the transaction, there is likely to be 
    substantial lessening of competition, creation of a monopoly, or 
    restraint of trade in freight surface transportation in any region 
    of the United States; and
        ``(2) the anticompetitive effects of the transaction outweigh 
    the public interest in meeting significant transportation needs.
In making such findings, the Board shall, with respect to any 
application that is part of a plan or proposal developed under section 
333(a)-(d) of this title, accord substantial weight to any 
recommendations of the Attorney General.
    ``(e) No transaction described in section 11326(b) may have the 
effect of avoiding a collective bargaining agreement or shifting work 
from a rail carrier with a collective bargaining agreement to a rail 
carrier without a collective bargaining agreement.
    ``(f)(1) To the extent provided in this subsection, a proceeding 
under this subchapter relating to a transaction involving at least one 
Class I rail carrier shall not be considered an adjudication required 
by statute to be determined on the record after opportunity for an 
agency hearing, for the purposes of subchapter II of chapter 5 of title 
5, United States Code.
    ``(2) Ex parte communications, as defined in section 551(14) of 
title 5, United States Code, shall be permitted in proceedings 
described in paragraph (1) of this subsection, subject to the 
requirements of paragraph (3) of this subsection.
    ``(3)(A) Any member or employee of the Board who makes or receives 
a written ex parte communication concerning the merits of a proceeding 
described in paragraph (1) shall promptly place the communication in 
the public docket of the proceeding.
    ``(B) Any member or employee of the Board who makes or receives an 
oral ex parte communication concerning the merits of a proceeding 
described in paragraph (1) shall promptly place a written summary of 
the oral communication in the public docket of the proceeding.
    ``(4) Nothing in this subsection shall be construed to require the 
Board or any of its members or employees to engage in any ex parte 
communication with any person. Nothing in this subsection or any other 
law shall be construed to limit the authority of the members or 
employees of the Board, in their discretion, to note in the docket or 
otherwise publicly the occurrence and substance of an ex pa
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rte 
communication.
``Sec. 11325. Consolidation, merger, and acquisition of control: 
      procedure
    ``(a) The Board shall publish notice of the application under 
section 11324 in the Federal Register by the end of the 30th day after 
the application is filed with the Board. However, if the application is 
incomplete, the Board shall reject it by the end of that period. The 
order of rejection is a final action of the Board. The published notice 
shall indicate whether the application involves--
        ``(1) the merger or control of at least two Class I railroads, 
    as defined by the Board, to be decided within the time limits 
    specified in subsection (b) of this section;
        ``(2) transactions of regional or national transportation 
    significance, to be decided within the time limits specified in 
    subsection (c) of this section; or
        ``(3) any other transaction covered by this section, to be 
    decided within the time limits specified in subsection (d) of this 
    section.
    ``(b) If the application involves the merger or control of two or 
more Class I railroads, as defined by the Board, the following 
conditions apply:
        ``(1) Written comments about an application may be filed with 
    the Board within 45 days after notice of the application is 
    published under subsection (a) of this section. Copies of such 
    comments shall be served on the Attorney General and the Secretary 
    of Transportation, who may decide to intervene as a party to the 
    proceeding. That decision must be made by the 15th day after the 
    date of receipt of the written comments, and if the decision is to 
    intervene, preliminary comments about the application must be sent 
    to the Board by the end of the 15th day after the date of receipt 
    of the written comments.
        ``(2) The Board shall require that applications inconsistent 
    with an application, notice of which was published under subsection 
    (a) of this section, and applications for inclusion in the 
    transaction, be filed with it by the 90th day after publication of 
    notice under that subsection.
        ``(3) The Board must conclude evidentiary proceedings by the 
    end of 1 year after the date of publication of notice under 
    subsection (a) of this section. The Board must issue a final 
    decision by the 90th day after the date on which it concludes the 
    evidentiary proceedings.
    ``(c) If the application involves a transaction other than the 
merger or control of at least two Class I railroads, as defined by the 
Board, which the Board has determined to be of regional or national 
transportation significance, the following conditions apply:
        ``(1) Written comments about an application, including comments 
    of the Attorney General and the Secretary of Transportation, may be 
    filed with the Board within 30 days after notice of the application 
    is published under subsection (a) of this section.
        ``(2) The Board shall require that applications inconsistent 
    with an application, notice of which was published under subsection 
    (a) of this section, and applications for inclusion in the 
    transaction, be filed with it by the 60th day after publication of 
    notice under that subsection.
        ``(3) The Board must conclude any evidentiary proceedings by 
    the 180th day after the date of publication of notice under 
    subsection (a) of this section. The Board must issue a final 
    decision by the 90th day after the date on which it concludes the 
    evidentiary proceedings.
    ``(d) For all applications under this section other than those 
specified in subsections (b) and (c) of this section, the following 
conditions apply:
        ``(1) Written comments about an application, including comments 
    of the Attorney General and the Secretary of Transportation, may be 
    filed with the Board within 30 days after notice of the application 
    is published under subsection (a) of this section.
        ``(2) The Board must conclude any evidentiary proceedings by 
    the 105th day after the date of publication of notice under 
    subsection (a) of this section. The Board must issue a final 
    decision by the 45th day after the date on which it concludes the 
    evidentiary proceedings.
``Sec. 11326. Employee protective arrangements in transactions 
      involving rail carriers
    ``(a) Except as otherwise provided in this section, when approval 
is sought for a transaction under sections 11324 and 11325 of this 
title, the Board shall require the rail carrier to provide a fair 
arrangement at least as protective of the interests of employees who 
are affected by the transaction as the terms imposed under section 
5(2)(f)of the Interstate Commerce Act before February 5, 1976, and the 
terms established under section 24706(c) of this title. Notwithstanding 
this part, the arrangement may be made by the rail carrier and the 
authorized representative of its employees. The arrangement and the 
order approving the transaction must require that the employees of the 
affected rail carrier will not be in a worse position related to their 
employment as a result of the transaction during the 4 years following 
the effective date of the final action of the Board (or if an employee 
was employed for a lesser period of time by the rail carrier before the 
action became effective, for that lesser period).
    ``(b) When approval is sought under sections 11324 and 11325 for a 
transaction involving one Class II and one or more Class III rail 
carriers, there shall be an arrangement as required under subsection 
(a) of this section, except that such arrangement shall be limited to 
one year of severance pay, which shall not exceed the amount of 
earnings from the railroad employment of that employee during the 12-
month period immediately preceding the date on which the application 
for approval of such transaction is filed with the Board. The amount of 
such severance pay shall be reduced by the amount of earnings from 
railroad employment of that employee with the acquiring carrier during 
the 12-month period immediately following the effective date of the 
transaction. The parties may agree to terms other than as provided in 
this subsection.
    ``(c) When approval is sought under sections 11324 and 11325 for a 
transaction involving only Class III rail carriers, this section shall 
not apply.

``Sec. 11327. Supplemental orders

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

``Sec. 11328. Restrictions on officers and directors

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

                 ``CHAPTER 115--FEDERAL-STATE RELATIONS

``Sec.
``11501. Tax discrimination against rail transportation property.
``11502. Withholding State and local income tax by rail carriers.
``Sec. 11501. Tax discrimination against rail transportation property
    ``(a) In this section--
        ``(1) the term `assessment' means valuation for a property tax 
    levied by a taxing district;
        ``(2) the term `assessment jurisdiction' means a geographical 
    area in a State used in determining the assessed value of property 
    for ad valorem taxation;
        ``(3) the term `rail transportation property' means property, 
    as defined by the Board, owned or used by a rail carrier providing 
    transportation subject to the jurisdiction of the Board under this 
    part; and
        ``(4) the term `commercial and industrial property' means 
    property, other than transportation property and land used 
    primarily for agricultural purposes or timber growing, devoted to a 
    commerci
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al or industrial use and subject to a property tax levy.
    ``(b) The following acts unreasonably burden and discriminate 
against interstate commerce, and a State, subdivision of a State, or 
authority acting for a State or subdivision of a State may not do any 
of them:
        ``(1) Assess rail transportation property at a value that has a 
    higher ratio to the true market value of the rail transportation 
    property than the ratio that the assessed value of other commercial 
    and industrial property in the same assessment jurisdiction has to 
    the true market value of the other commercial and industrial 
    property.
        ``(2) Levy or collect a tax on an assessment that may not be 
    made under paragraph (1) of this subsection.
        ``(3) Levy or collect an ad valorem property tax on rail 
    transportation property at a tax rate that exceeds the tax rate 
    applicable to commercial and industrial property in the same 
    assessment jurisdiction.
        ``(4) Impose another tax that discriminates against a rail 
    carrier providing transportation subject to the jurisdiction of the 
    Board under this part.
    ``(c) Notwithstanding section 1341 of title 28 and without regard 
to the amount in controversy or citizenship of the parties, a district 
court of the United States has jurisdiction, concurrent with other 
jurisdiction of courts of the United States and the States, to prevent 
a violation of subsection (b) of this section. Relief may be granted 
under this subsection only if the ratio of assessed value to true 
market value of rail transportation property exceeds by at least 5 
percent the ratio of assessed value to true market value of other 
commercial and industrial property in the same assessment jurisdiction. 
The burdenof 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. 11502. Withholding State and local income tax by rail carriers
    ``(a) No part of the compensation paid by a rail carrier providing 
transportation subject to the jurisdiction of the Board under this part 
to an employee who performs regularly assigned duties as such an 
employee on a railroad in more than one State shall be subject to the 
income tax laws of any State or subdivision of that State, other than 
the State or subdivision thereof of the employee's residence.
    ``(b) A rail carrier withholding pay from an employee under 
subsection (a) of this section shall file income tax information 
returns and other reports only with the State and subdivision of 
residence of the employee.

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

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

``Sec. 11701. General authority

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

``Sec. 11702. Enforcement by the Board

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

``Sec. 11703. Enforcement by the Attorney General

    ``(a) The Attorney General may, and on request of the Board shall, 
bring court proceedings to enforce this part, or a regulation or order 
of the Board or certificate issued under this part, and to prosecute a 
person violating this part or a regulation or order of the Board or 
certificate issued under this part.
    ``(b) The United States Government may bring a civil action on 
behalf of a person to compel a rail carrier providing transportation 
subject to the jurisdiction of the Board under this part to provide 
that transportation to that person in compliance with this part at the 
same rate charged, or on conditions as favorable as those given by the 
rail carrier, for like traffic under similar conditions to another 
person.
``Sec. 11704. Rights and remedies of persons injured by rail carriers
    ``(a) A person injured because a rail carrier providing 
transportation or service subject to the jurisdiction of the Board 
under this part does not obey an order of the Board, except an order 
for the payment of money, maybring a civil action in a United States 
District Court to enforce that order under this subsection.
    ``(b) A rail carrier providing transportation subject to the 
jurisdiction of the Board under this part is liable for damages 
sustained by a person as a result of an act or omission of that carrier 
in violation of this part. A rail carrier providing transportation 
subject to the jurisdiction of the Board under this part is liable to a 
person for amounts charged that exceed the applicable rate for the 
transportation.
    ``(c)(1) A person may file a complaint with the Board under section 
11701(b) of this title or bring a civil action under subsection (b) of 
this section to enforce liability against a rail carrier providing 
transportation subject to the jurisdiction of the Board under this 
part.
    ``(2) When the Board makes an award under subsection (b) of this 
section, the Board shall order the rail carrier to pay the amount 
awarded by a specific date. The Board may order a rail carrier 
providing transportation subject to the jurisdiction of the Bo
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ard under 
this part to pay damages only when the proceeding is on complaint. The 
person for whose benefit an order of the Board requiring the payment of 
money is made may bring a civil action to enforce that order under this 
paragraph if the rail carrier does not pay the amount awarded by the 
date payment was ordered to be made.
    ``(d)(1) When a person begins a civil action under subsection (b) 
of this section to enforce an order of the Board requiring the payment 
of damages by a rail carrier providing transportation subject to the 
jurisdiction of the Board under this part, the text of the order of the 
Board must be included in the complaint. In addition to the district 
courts of the United States, a State court of general jurisdiction 
having jurisdiction of the parties has jurisdiction to enforce an order 
under this paragraph. The findings and order of the Board are competent 
evidence of the facts stated in them. Trial in a civil action brought 
in a district court of the United States under this paragraph is in the 
judicial district--
        ``(A) in which the plaintiff resides;
        ``(B) in which the principal operating office of the rail 
    carrier is located; or
        ``(C) through which the railroad line of that carrier runs.
In a civil action under this paragraph, the plaintiff is liable for 
only those costs that accrue on an appeal taken by the plaintiff.
    ``(2) All parties in whose favor the award was made may be joined 
as plaintiffs in a civil action brought in a district court of the 
United States under this subsection and all the rail carriers that are 
parties to the order awarding damages may be joined as defendants. 
Trial in the action is in the judicial district in which any one of the 
plaintiffs could bring the action against any one of the defendants. 
Process may be served on a defendant at its principal operating office 
when that defendant is not in the district in which the action is 
brought. A judgment ordering recovery may be made in favor of any of 
those plaintiffs against the defendant found to be liable to that 
plaintiff.
    ``(3) The district court shall award a reasonable attorney's fee as 
a part of the damages for which a rail carrier is found liable under 
this subsection. The district court shall tax and collect that fee as a 
part of the costs of the action.

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

    ``(a) A rail carrier providing transportation or service subject to 
the jurisdiction of the Board under this part must begin a civil action 
to recover charges for transportation or service provided by the 
carrier within 3 years after the claim accrues.
    ``(b) A person must begin a civil action to recover overcharges 
under section 11704(b) of this title within 3 years after the claim 
accrues, whether or not a complaint is filed under section 11704(c)(1).
    ``(c) A person must file a complaint with the Board to recover 
damages under section 11704(b) of this title within 2 years after the 
claim accrues.
    ``(d) The limitation period under subsection (b) of this section is 
extended for 6 months from the time written notice is given to the 
claimant by the rail carrier of disallowance of any part of the claim 
specified in the notice if a written claim is given to the rail carrier 
within that limitation period. The limitation periods under subsections 
(b) and (c) of this section are extended for 90 days from the time the 
rail carrier begins a civil action under subsection (a) of this section 
to recover charges related to the same transportation or service, or 
collects (without beginning a civil action under that subsection) the 
charge for that transportation or service if that action is begun or 
collection is made within the appropriate period.
    ``(e) A person must begin a civil action to enforce an order of the 
Board against a rail carrier for the payment of money within one year 
after the date the order required the money to be paid.
    ``(f) This section applies to transportation for the United States 
Government. The time limitations under this section are extended, as 
related to transportation for or on behalf of the United States 
Government, for 3 years from the date of--
        ``(1) payment of the rate for the transportation or service 
    involved;
        ``(2) subsequent refund for overpayment of that rate; or
        ``(3) deduction made under section 3726 of title 31, whichever 
    is later.
    ``(g) A claim related to a shipment of property accrues under this 
section on delivery or tender of delivery by the rail carrier.
``Sec. 11706. Liability of rail carriers under receipts and bills of 
      lading
    ``(a) A rail carrier providing transportation or service subject to 
the jurisdiction of the Board under this part shall issue a receipt or 
bill of lading for property it receives for transportation under this 
part. That rail carrier and any other carrier that delivers the 
property and is providing transportation or service subject to the 
jurisdiction of the Board under this part are liable to the person 
entitled to recover under the receipt or bill of lading. The liability 
imposed under this subsection is for the actual loss or injury to the 
property caused by--
        ``(1) the receiving rail carrier;
        ``(2) the delivering rail carrier; or
        ``(3) another rail carrier over whose line or route the 
    property is transported in the United States or from a place in the 
    United States to a place in an adjacent foreign country when 
    transported under a through bill of lading.
Failure to issue a receipt or bill of lading does not affect the 
liability of a rail carrier. A delivering rail carrier is deemed to be 
the rail carrier performing the line-haul transportation nearest the 
destination but does not include a rail carrier providing only a 
switching service at the destination.
    ``(b) The rail carrier issuing the receipt or bill of lading under 
subsection (a) of this section or delivering the property for which the 
receipt or bill of lading was issued is entitled to recover from the 
rail carrier over whose line or route the loss or injury occurred the 
amount required to be paid to the owners of the property, as evidenced 
by a receipt, judgment, or transcript, and the amount of its expenses 
reasonably incurred in defending a civil action brought by that person.
    ``(c)(1) A rail carrier may not limit or be exempt from liability 
imposed under subsection (a) of this section except as provided in this 
subsection. A limitation of liability or of the amount of recovery or 
representation or agreement in a receipt, bill of lading, contract, or 
rule in violation of this section is void.
    ``(2) A rail carrier of passengers may limit its liability under 
its passenger rate for loss or injury of baggage carried on trains 
carrying passengers.
    ``(3) A rail carrier providing transportation or service subject to 
the jurisdiction of the Board under this part may establish rates for 
transportation of property under which--
        ``(A) the liability of the rail carrier for such property is 
    limited to a value established by written declaration of the 
    shipper or by a written agreement between the shipper and the 
    carrier; or
        ``(B) specified amounts are deducted, pursuant to a written 
    agreement between the shipper and the carrier, from any claim 
    against the carrier with respect to the transportation of such 
    property.
    ``(d)(1) A civil action under this section may be brought in a 
district court of the United States or in a State court.
    ``(2)(A) A civil action under this section may only be brought--
        ``(i) against the originating rail carrier, in the judicial 
    district in which the point of origin is located;
        ``(ii) against the delivering rail carrier, in the judicial 
    district in which the principal place of business of the person 
    bringing the action is located if the delivering carrier operates a 
    railroad or a route through such judicial district, or in the 
    judicial district in
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 which the point of destination is located; and
        ``(iii) against the carrier alleged to have caused the loss or 
    damage, in the judicial district in which such loss or damage is 
    alleged to have occurred.
    ``(B) In this section, `judicial district' means (i) in the case of 
a United States district court, a judicial district of the United 
States, and (ii) in the case of a State court, the applicable 
geographic area over which such court exercises jurisdiction.
    ``(e) A rail carrier may not provide by rule, contract, or 
otherwise, a period of less than 9 months for filing a claim against it 
under this section and a period of less than 2 years for bringing a 
civil action against it under this section. The period for bringing a 
civil action is computed from the date the carrier gives a person 
written notice that the carrier has disallowed any part of the claim 
specified in the notice. For the purposes of this subsection--
        ``(1) an offer of compromise shall not constitute a 
    disallowance of any part of the claim unless the carrier, in 
    writing, informs the claimant that such part of the claim is 
    disallowed and provides reasons for such disallowance; and
        ``(2) communications received from a carrier's insurer shall 
    not constitute a disallowance of any part of the claim unless the 
    insurer, in writing, informs the claimant that such part of the 
    claim is disallowed, provides reasons for such disallowance, and 
    informs the claimant that the insurer is acting on behalf of the 
    carrier.
Sec. ``11707. Liability when property is delivered in violation of 
      routing instructions
    ``(a)(1) When a rail carrier providing transportation subject to 
the jurisdiction of the Board under this part diverts or delivers 
property to another rail carrier in violation of routing instructions 
in the bill of lading, both of those rail carriers are jointly and 
severally liable to the rail carrier that was deprived of its right to 
participate in hauling that property for the total amount of the rate 
it would have received if it participated in hauling the property.
    ``(2) A rail carrier is not liable under paragraph (1) of this 
subsection when it diverts or delivers property in compliance with an 
order or regulation of the Board.
    ``(3) A rail carrier to whom property is transported is not liable 
under this subsection if it shows that it had no notice of the routing 
instructions before transporting the property. The burden of proving 
lack of notice is on that rail carrier.
    ``(b) The court shall award a reasonable attorney's fee to the 
plaintiff in a judgment against the defendant rail carrier under 
subsection (a) of this section. The court shall tax and collect that 
fee as a part of the costs of the action.

              ``CHAPTER 119--CIVIL AND CRIMINAL PENALTIES

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

``Sec. 11901. General civil penalties

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

``Sec. 11902. Interference with railroad car supply

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

``Sec. 11903. Record keeping and reporting violations

    ``A person required to make a report to the Board, or make, 
prepare, or preserve a record, under subchapter III of chapter 111 of 
this title about transportation subject to the jurisdiction of the 
Board under this part that knowingly and willfully--
        ``(1) makes a false entry in the report or record;
        ``(2) destroys, mutilates, changes, or by another means 
    falsifies the record;
        ``(3) does not enter business related facts and transactions in 
    the record;
        ``(4) makes, prep
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ares, or preserves the record in violation of 
    a regulation or order of the Board; or
        ``(5) files a false report or record with the Board,
shall be fined not more than $5,000, imprisoned for not more than 2 
years, or both.

``Sec. 11904. Unlawful disclosure of information

    ``(a) A--
        ``(1) rail carrier providing transportation subject to the 
    jurisdiction of the Board under this part, or an officer, agent, or 
    employee of that rail carrier, or another person authorized to 
    receive information from that rail carrier, that knowingly 
    discloses to another person, except the shipper or consignee; or
        ``(2) a person who solicits or knowingly receives,
information described in subsection (b) without the consent of the 
shipper or consignee shall be fined not more than $1,000.
    ``(b) The information referred to in subsection (a) is information 
about the nature, kind, quantity, destination, consignee, or routing of 
property tendered or delivered to that rail carrier for transportation 
provided under this part, or information about the contents of a 
contract authorized under section 10709 of this title, that may be used 
to the detriment of the shipper or consignee or may disclose 
improperly, to a competitor, the business transactions of the shipper 
or consignee.
    ``(c) This part does not prevent a rail carrier providing 
transportation subject to the jurisdiction of the Board under this part 
from giving information--
        ``(1) in response to legal process issued under authority of a 
    court of the United States or a State;
        ``(2) to an officer, employee, or agent of the United States 
    Government, a State, or a territory or possession of the United 
    States; or
        ``(3) to another rail carrier or its agent to adjust mutual 
    traffic accounts in the ordinary course of business.
    ``(d) An employee of the Board delegated to make an inspection or 
examination under section 11144 of this title who knowingly discloses 
information acquired during that inspection or examination, except as 
directed by the Board, a court, or a judge of that court, shall be 
fined not more than $500, imprisoned for not more than 6 months, or 
both.
    ``(e) A person that knowingly discloses confidential data made 
available to such person under section 11163 of this title by a rail 
carrier providing transportation subject to the jurisdiction of the 
Board under this part shall be fined not more than $50,000.

``Sec. 11905. Disobedience to subpoenas

    ``A person not obeying a subpoena or requirement of the Board to 
appear and testify or produce records shall be fined at least $100 but 
not more than $5,000, imprisoned for not more than one year, or both.
``Sec. 11906. General criminal penalty when specific penalty not 
      provided
    ``When another criminal penalty is not provided under this chapter, 
a rail carrier providing transportation subject to the jurisdiction of 
the Board under this part, and when that rail carrier is a corporation, 
a director or officer of the corporation, or a receiver, trustee, 
lessee, or person acting for or employed by the corporation that, alone 
or with another person, willfully violates this part or an order 
prescribed under this part, shall be fined not more than $5,000. The 
person may be imprisoned for not more than 2 years in addition to being 
fined under this section. A separate violation occurs each day a 
violation of this title continues.
``Sec. 11907. Punishment of corporation for violations committed by 
      certain individuals
    ``An act or omission that would be a violation of this part if 
committed by a director, officer, receiver, trustee, lessee, agent, or 
employee of a rail carrier providing transportation or service subject 
to the jurisdiction of the Board under this part that is a corporation 
is also a violation of this part by that corporation. The penalties of 
this chapter apply to that violation. When acting in the scope of their 
employment, the actions and omissions of individuals acting for or 
employed by that rail carrier are considered to be the actions and 
omissions of that rail carrier as well as that individual.

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

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

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

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

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

                   ``CHAPTER 131--GENERAL PROVISIONS

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

``Sec. 13101. Transportation policy

    ``(a) In General.--To ensure the development, coordination, and 
preservation of a transportation system that meets the transportation 
needs of the United States, including the United States Postal Service 
and national defense, it is the policy of the United States Government 
to oversee the modes of transportation and--
        ``(1) in overseeing those modes--
            ``(A) to recognize and preserve the inherent advantage of 
        each mode of transportation;
            ``(B) to promote safe, adequate, economical, and efficient 
        transportation;
            ``(C) to encourage sound economic conditions in 
        transportation, including sound economic conditions among 
        carriers;
            ``(D) to encourage the establishment and maintenance of 
        reasonable rates for transportation, without unreasonable 
        discrimination or unfair or destructive competitive practices;
            ``(E) to cooperate with each State and the officials of 
        each State on transportation matters; and
            ``(F) to encourage fair wages and working conditions in the 
        transportation industry;
        ``(2) in overseeing transportation by motor carrier, to promote 
    competitive and efficient transportation services in order to--
            ``(A) encourage fair competition, and reasonable rates for 
        transportation by motor carriers of property;
            ``(B) promote efficiency in the motor carrier 
        transportation system and to require fair and expeditious 
        decisions when required;
            ``(C) meet the needs of shippers, receivers, passengers, 
        and consumers;
            ``(D) allow a variety of quality and price options to meet 
        changing market demands and the diverse requirements of the 
        shipping and traveling public;
            ``(E) allow the most productive use of equipment and energy 
        resources;
            ``(F) enable efficient and well-managed carriers to earn 
        adequate profits, attract capital, and maintain fair wages and 
        working conditions;
            ``(G) provide and maintain service to small communities and 
        small shippers and intrastate bus services;
            ``(H) provide and maintain commuter bus operations;
            ``(I) improve and maintain a sound, safe, and competitive 
        privately owned motor carrier system;
            ``(J) promote greater participation by minorities in the 
        motor carrier system;
            ``(K) promote intermodal transportation;
        ``(3) in overseeing transportation by motor carrier of 
    passengers--
            ``(A) to cooperate with the States on transportation 
        matters for the purpose of encouraging the States to exercise 
        intrastate regulatory jurisdiction in accordance with the 
        objectives of this part;
            ``(B) to provide Federal procedures which ensure that 
        intrastate regulation is exercised i
2000
n accordance with this 
        part; and
            ``(C) to ensure that Federal reform initiatives enacted by 
        section 31138 and the Bus Regulatory Reform Act of 1982 are not 
        nullified by State regulatory actions; and
        ``(4) in overseeing transportation by water carrier, to 
    encourage and promote service and price competition in the 
    noncontiguous domestic trade.
    ``(b) Administration To Carry Out Policy.--This part shall be 
administered and enforced to carry out the policy of this section and 
to promote the public interest.

``Sec. 13102. Definitions

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

``Sec. 13103. Remedies as cumulative

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

                ``CHAPTER 133--ADMINISTRATIVE PROVISIONS

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

``Sec. 13301. Powers

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

``Sec. 13302. Intervention

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

``Sec. 13303. Service of notice in proceedings

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

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

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

                      ``CHAPTER 135--JURISDICTION

              ``SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

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

              ``SUBCHAPTER II--WATER CARRIER TRANSPORTATION

``13521. General jurisdiction.

               ``SUBCHAPTER III--FREIGHT FORWARDER SERVICE

``13531. General jurisdiction.

                  ``SUBCHAPTER IV--AUTHORITY TO EXEMPT

``13541. Authority to exempt transportation or services.

              ``SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

``Sec. 13501. General jurisdiction


2000
    ``The Secretary and the Board have jurisdiction, as specified in 
this part, over transportation by motor carrier and the procurement of 
that transportation, to the extent that passengers, property, or both, 
are transported by motor carrier--
        ``(1) between a place in--
            ``(A) a State and a place in another State;
            ``(B) a State and another place in the same State through 
        another State;
            ``(C) the United States and a place in a territory or 
        possession of the United States to the extent the 
        transportation is in the United States;
            ``(D) the United States and another place in the United 
        States through a foreign country to the extent the 
        transportation is in the United States; or
            ``(E) the United States and a place in a foreign country to 
        the extent the transportation is in the United States; and
        ``(2) in a reservation under the exclusive jurisdiction of the 
    United States or on a public highway.

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

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

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

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

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

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

``Sec. 13505. Transportation furthering a primary business

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

``Sec. 13506. Miscellaneous motor carrier transportation exemptions

    ``(a) In General.--Neither the Secretary nor the Board has 
jurisdiction under this part over--
        ``(1) a motor vehicle transporting only school children and 
    teachers to or from school;
        ``(2) a motor vehicle providing taxicab service and having a 
    capacity of not more than 6 passengers and not operated on a 
    regular route or between specified places;
        ``(3) a motor vehicle owned or operated by or for a hotel and 
    only transporting hotel patrons between the hotel and the local 
    station of a carrier;
        ``(4) a motor vehicle controlled and operated by a farmer and 
    transporting--
            ``(A) the farmer's agricultural or horticultural 
        commodities and products; or
            ``(B) supplies to the farm of the farmer;
        ``(5) a motor vehicle controlled and operated by a cooperative 
    association (as defined by section 15(a) of the Agricultural 
    Marketing Act (12 U.S.C. 1141j(a)) or by a federation of 
    cooperative associations if the federation has no greater power or 
    purposes than a cooperative association, except that if the 
    cooperative association or federation provides transportation for 
    compensation between a place in a State and a place in another 
    State, or between a place in a State and another place in the same 
    State through another State--
            ``(A) for a nonmember that is not a farmer, cooperative 
        association, federation, or the United States Government, the 
        transportation (except for transportation otherwise exempt 
        under this subchapter)--
                ``(i) shall be limited to transportation incidental to 
            the primary transportation operation of the cooperative 
            association or federation and necessary for its effective 
  
2000
          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 intermodalcargo containers), and other used 
shipping devices (other than containers or devices used in the 
transportation of motor vehicles or parts of motor vehicles);
        ``(12) transportation of natural, crushed, vesicular rock to be 
    used for decorative purposes;
        ``(13) transportation of wood chips;
        ``(14) brokers for motor carriers of passengers, except as 
    provided in section 13904(d); or
        ``(15) transportation of broken, crushed, or powdered glass.
    ``(b) Exempt Unless Otherwise Necessary.--Except to the extent the 
Secretary or Board, as applicable, finds it necessary to exercise 
jurisdiction to carry out the transportation policy of section 13101, 
neither the Secretary nor the Board has jurisdiction under this part 
over--
        ``(1) transportation provided entirely in a municipality, in 
    contiguous municipalities, or in a zone that is adjacent to, and 
    commercially a part of, the municipality or municipalities, 
    except--
            ``(A) when the transportation is under common control, 
        management, or arrangement for a continuous carriage or 
        shipment to or from a place outside the municipality, 
        municipalities, or zone; or
            ``(B) that in transporting passengers over a route between 
        a place in a State and a place in another State, or between a 
        place in a State and another place in the same State through 
        another State, the transportation is exempt from jurisdiction 
        under this part only if the motor carrier operating the motor 
        vehicle also is lawfully providing intrastate transportation of 
        passengers over the entire route under the laws of each State 
        through which the route runs;
        ``(2) transportation by motor vehicle provided casually, 
    occasionally, or reciprocally but not as a regular occupation or 
    business, except when a broker or other person sells or offers for 
    sale passenger transportation provided by a person authorized to 
    transport passengers by motor vehicle under an application pending, 
    or registration issued, under this part; or
        ``(3) the emergency towing of an accidentally wrecked or 
    disabled motor vehicle.

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

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

``Sec. 13508. Limited authority over cooperative associations

    ``(a) In General.--Notwithstanding section 13506(a)(5), any 
cooperative association (as defined by section 15(a) of the 
Agricultural Marketing Act (12 U.S.C. 1141j(a))) or a federation of 
cooperative associations shall prepare and maintain such records 
relating to transportation provided by such association or federation, 
in such form as the Secretary or the Board may require by regulation to 
carry out the provisions of such section 13506(a)(5). The Secretary or 
the Board, or an employee designated by the Secretary or the Board, may 
on demand and display of proper credentials--
        ``(1) inspect and examine the lands, buildings, and equipment 
    of such association or federation; and
        ``(2) inspect and copy any record of such association or 
    federation.
    ``(b) Reports.--Notwithstanding section 13506(a)(5), the Secretary 
or the Board may require a cooperative association or federation of 
cooperative associations described in subsection (a) of this section to 
file reports with the Secretary or the Board containing answers to 
questions about transportation provided by such association or 
federation.
    ``(c) Enforcement.--The Secretary or the Board may bring a civil 
action to enforce subsections (a) and (b) of this section or a 
regulation or order of the Secretary or the Board issued under this 
section, when violated by a cooperative association or federation of 
cooperative associations described in subsection (a).
    ``(d) Reporting Penalties.--
        ``(1) In general.--A person required to make a report to the 
    Secretary or the Board, answer a question, or maintain a record 
    under this section, or an officer, agent, or employee of that 
    person, that--
            ``(A) does not make the report;
            ``(B) does not specifically, completely, and truthfully 
        answer the question; or
            ``(C) does not maintain the record in the form and manner 
        prescribed under this section;
    is liable to the United States for a civil penalty of not more than 
    $500 for each violation and for not more than $250 for each 
    additional day the violation continues.
        ``(2) Venue.--Trial in a civil action under paragraph (
2000
1) shall 
    be in the judicial district in which--
            ``(A) the cooperative association or federation of 
        cooperative associations has its principal office;
            ``(B) the violation occurred; or
            ``(C) the offender is found.
    Process in the action may be served in the judicial district of 
    which the offender is an inhabitant or in which the offender may be 
    found.
    ``(e) Evasion Penalties.--A person, or an officer, employee, or 
agent of that person, that by any means knowingly and willfully tries 
to evade compliance with the provisions of this section shall be fined 
at least $200 but not more than $500 for the first violation and at 
least $250 but not more than $2,000 for a subsequent violation.
    ``(f) Recordkeeping Penalties.--A person required to make a report, 
answer a question, or maintain a record under this section, or an 
officer, agent, or employee of that person, that--
        ``(1) willfully does not make that report;
        ``(2) willfully does not specifically, completely, and 
    truthfully answer that question in 30 days from the date that the 
    question is required to be answered;
        ``(3) willfully does not maintain that record in the form and 
    manner prescribed;
        ``(4) knowingly and willfully falsifies, destroys, mutilates, 
    or changes that report or record;
        ``(5) knowingly and willfully files a false report or record 
    under this section;
        ``(6) knowingly and willfully makes a false or incomplete entry 
    in that record about a business-related fact or transaction; or
        ``(7) knowingly and willfully maintains a record in violation 
    of a regulation or order issued under this section;
shall be fined not more than $5,000.

             ``SUBCHAPTER II--WATER CARRIER TRANSPORTATION

``Sec. 13521. General jurisdiction

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

              ``SUBCHAPTER III--FREIGHT FORWARDER SERVICE

``Sec. 13531. General jurisdiction

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

                  ``SUBCHAPTER IV--AUTHORITY TO EXEMPT

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

    ``(a) In General.--In any matter subject to jurisdiction under this 
part, the Secretary or the Board, as applicable, shall exempt a person, 
class of persons, or a transaction or service from the application, in 
whole or in part, of a provision of this part, or use this exemption 
authority to modify the application of a provision of this part as it 
applies to such person, class, transaction, or service, when the 
Secretary or Board finds that the application of that provision--
        ``(1) is not necessary to carry out the transportation policy 
    of section 13101;
        ``(2) is not needed to protect shippers from the abuse of 
    market power or that the transaction or service is of limited 
    scope; and
        ``(3) is in the public interest.
    ``(b) Initiation of Proceeding.--The Secretary or Board, as 
applicable, may, where appropriate, begin a proceeding under this 
section on the Secretary's or Board's own initiative or on application 
by an interested party.
    ``(c) Period of Exemption.--The Secretary or Board, as applicable, 
may specify the period of time during which an exemption granted under 
this section is effective.
    ``(d) Revocation.--The Secretary or Board, as applicable, may 
revoke an exemption, to the extent specified, on finding that 
application of a provision of this part to the person, class, or 
transportation is necessary to carry out the transportation policy of 
section 13101.
    ``(e) Limitations.--
        ``(1) In general.--The exemption authority under this section 
    may not be used to relieve a person from the application of, and 
    compliance with, any law, rule, regulation, standard, or order 
    pertaining to cargo loss and damage, insurance, safety fitness, or 
    activities approved under section 13703 or 14302 or not terminated 
    under section 13907(d)(2).
        ``(2) Water carriers.--The Secretary or Board, as applicable, 
    may not exempt a water carrier from the application of, or 
    compliance with, section 13701 or 13702 for transportation in the 
    non-contiguous domestic trade.
    ``(f) Continuation of Certain Existing Exemptions for Water 
Carriers.--The Secretary or Board, as applicable, shall not regulate or 
exercise jurisdiction under this part over the transportation by water 
carrier in the non-contiguous domestic trade of any cargo or type of 
cargo or service which was not subject to regulation by, or under the 
jurisdiction of, either the Federal Maritime Commission or Interstate 
Commerce Commission under Federal law in effect on November 1, 1995.

                ``CHAPTER 137--RATES AND THROUGH ROUTES

``Sec.

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

``13702. Tariff requirement for certain transportation.

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

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

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

``13706. Liability for payment of rates.

``13707. Payment of rates.

``13708. Billing and collecting practices.

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

2000

``13710. Additional billing and collecting practices.

``13711. Alternative procedure for resolving undercharge disputes.

``13712. Government traffic.

``13713. Food and grocery transportation.

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

    ``(a) Reasonableness.--
        ``(1) Certain household goods transportation; joint rates 
    involving water transportation.--A rate, classification, rule, or 
    practice related to transportation or service provided by a carrier 
    subject to jurisdiction under chapter 135 for transportation or 
    service involving--
            ``(A) a movement of household goods,
            ``(B) a rate for a movement by or with a water carrier in 
        noncontiguous domestic trade, or
            ``(C) rates, rules, and classifications made collectively 
        by motor carriers under agreements approved pursuant to section 
        13703,
    must be reasonable.
        ``(2) Through routes and divisions of joint rates.--Through 
    routes and divisions of joint rates for such transportation or 
    service must be reasonable.
    ``(b) Prescription by Board for Violations.--When the Board finds 
it necessary to stop or prevent a violation of subsection (a), the 
Board shall prescribe the rate, classification, rule, practice, through 
route, or division of joint rates to be applied for such transportation 
or service.
    ``(c) Filing of Complaint.--A complaint that a rate, 
classification, rule, or practice in noncontiguous domestic trade 
violates subsection (a) may be filed with the Board.
    ``(d) Zone of Reasonableness.--
        ``(1) In general.--For purposes of this section, a rate or 
    division of a motor carrier for service in noncontiguous domestic 
    trade or water carrier for port-to-port service in that trade is 
    reasonable if the aggregate of increases and decreases in any such 
    rate or division is not more than 7.5 percent above, or more than 
    10 percent below, the rate or division in effect 1 year before the 
    effective date of the proposed rate or division.
        ``(2) Adjustments to the zone.--The percentage specified in 
    paragraph (1) shall be increased or decreased, as the case may be, 
    by the percentage change in the Producers Price Index, as published 
    by the Department of Labor, that has occurred during the most 
    recent 1-year period before the date the rate or division in 
    question first took effect.
        ``(3) Determinations after complaint.--The Board shall 
    determine whether any rate or division of a carrier or service in 
    noncontiguous domestic trade which is not within the range 
    described in paragraph (1) is reasonable if a complaint is filed 
    under subsection (c) or section 13702(b)(6).
        ``(4) Reparations.--Upon a finding of violation of subsection 
    (a), the Board shall award reparations to the complaining shipper 
    or shippers in an amount equal to all sums assessed and collected 
    that exceed the determined reasonable rate, division, rate 
    structure, or tariff. Upon complaint from any governmental agency 
    or authority and upon a finding or violation of subsection (a), the 
    Board shall make such orders as are just and shall require the 
    carrier to return, to the extent practicable, to shippers all 
    amounts plus interest, which the Board finds to have been assessed 
    and collected in violation of subsection (a).

``Sec. 13702. Tariff requirement for certain transportation

    ``(a) In General.--Except when providing transportation for 
charitable purposes without charge, a carrier subject to jurisdiction 
under chapter 135 may provide transportation or service that is--
        ``(1) in noncontiguous domestic trade, except with regard to 
    bulk cargo, forest products, recycled metal scrap, waste paper, and 
    paper waste; or
        ``(2) for movement of household goods;
only if the rate for such transportation or service is contained in a 
tariff that is in effect under this section. The carrier may not charge 
or receive a different compensation for the transportation or service 
than the rate specified in the tariff, whether by returning a part of 
that rate to a person, giving a person a privilege, allowing the use of 
a facility that affects the value of that transportation or service, or 
another device. A rate contained in a tariff shall be stated in money 
of the United States.
    ``(b) Tariff Requirements for Noncontiguous Domestic Trade.--
        ``(1) Filing.--A carrier providing transportation or service 
    described in subsection (a)(1) shall publish and file with the 
    Board tariffs containing the rates established for such 
    transportation or service. The carriers shall keep such tariffs 
    available for public inspection. The Board shall prescribe the form 
    and manner of publishing, filing, and keepingtariffs available for 
public inspection under this subsection.
        ``(2) Contents.--The Board may prescribe any specific 
    information and charges to be identified in a tariff, but at a 
    minimum tariffs must identify plainly--
            ``(A) the carriers that are parties to it;
            ``(B) the places between which property will be 
        transported;
            ``(C) terminal charges if a carrier provides transportation 
        or service subject to jurisdiction under subchapter III of 
        chapter 135;
            ``(D) privileges given and facilities allowed; and
            ``(E) any rules that change, affect, or determine any part 
        of the published rate.
        ``(3) Inland divisions.--A carrier providing transportation or 
    service described in subsection (a)(1) under a joint rate for a 
    through movement shall not be required to state separately or 
    otherwise reveal in tariff filings the inland divisions of that 
    through rate.
        ``(4) Time-volume rates.--Rates in tariffs filed under this 
    subsection may vary with the volume of cargo offered over a 
    specified period of time.
        ``(5) Changes.--The Board may permit carriers to change rates, 
    classifications, rules, and practices without filing complete 
    tariffs under this subsection that cover matter that is not being 
    changed when the Board finds that action to be consistent with the 
    public interest. Those carriers may either--
            ``(A) publish new tariffs that incorporate changes, or
            ``(B) plainly indicate the proposed changes in the tariffs 
        then in effect and make the tariffs as changed available for 
        public inspection.
        ``(6) Complaints.--A complaint that a rate or related rule or 
    practice maintained in a tariff under this subsection violates 
    section 13701(a) may be submitted to the Board for resolution.
    ``(c) Tariff Requirements for Household Goods Carriers.--
        ``(1) In general.--A carrier providing transportation described 
    in subsection (a)(2) shall maintain rates and related rules and 
    practices in a published tariff. The tariff must be available for 
    inspection by the Board and be made available for inspection by 
    shippers upon reasonable request.
        ``(2) Notice of availability.--A carrier that maintains a 
    tariff under this subsection may not enforce the provisions of the 
    tariff unless the carrier has given notice that the tariff is 
    available for inspection in its bill of lading or by other actual 
    notice to individuals whose shipments are subject to the tariff.
        ``(3) Requirements.--A carrier that maintains a tariff under 
    this subsection is bound by the tariff except as otherwise provided 
    in this part. A tariff that does not comply with this subsection 
    may not be enforced against any individual shipper.
        ``(4) Incorporation by reference.--A carrier may incorporate by 
    reference the rates, terms, and other conditions of a tariff in 
    agreements covering the transportation of household goods.
        ``(5) Complaints.--A complain
2000
t that a rate or related rule or 
    practice maintained in a tariff under this subsection violates 
    section 13701(a) may be submitted to the Board for resolution.
    ``(d) Invalidation.--The Board may invalidate a tariff prepared by 
a carrier or carriers under this section if that tariff violates this 
section or a regulation of the Board carrying out this section.
``Sec. 13703. Certain collective activities; exemption from antitrust 
      laws
    ``(a) Agreements.--
        ``(1) Authority to enter.--A motor carrier providing 
    transportation or service subject to jurisdiction under chapter 135 
    may enter into an agreement with one or more such carriers to 
    establish--
            ``(A) through routes and joint rates;
            ``(B) rates for the transportation of household goods;
            ``(C) classifications;
            ``(D) mileage guides;
            ``(E) rules;
            ``(F) divisions;
            ``(G) rate adjustments of general application based on 
        industry average carrier costs (so long as there is no 
        discussion of individual markets or particular single-line 
        rates); or
            ``(H) procedures for joint consideration, initiation, or 
        establishment of matters described in subparagraphs (A) through 
        (G).
        ``(2) Submission of agreement to board; approval.--An agreement 
    entered into under subsection (a) may be submitted by any carrier 
    or carriers that are parties to such agreement to the Board for 
    approval and may be approved by the Board only if it finds that 
    such agreement is in the public interest.
        ``(3) Conditions.--The Board may require compliance with 
    reasonable conditions consistent with this part to assure that the 
    agreement furthers the transportation policy set forth in section 
    13101.
        ``(4) Independently established rates.--Any carrier which is a 
    party to an agreement under paragraph (1) is not, and may not be, 
    precluded from independently establishing its own rates, 
    classification, and mileages or from adopting and using a 
    noncollectively made classification or mileage guide.
        ``(5) Investigations.--
            ``(A) Reasonableness.--The Board may suspend and 
        investigate the reasonableness of any rate, rule, 
        classification, or rate adjustment of general application made 
        pursuant to an agreement under this section.
            ``(B) Actions not in the public interest.--The Board may 
        investigate any action taken pursuant to an agreement approved 
        under this section. If the Board finds that the action is not 
        in the public interest, the Board may take such measures as may 
        be necessary to protect the public interest with regard to the 
        action, including issuing an order directing the parties to 
        cease and desist or modify the action.
        ``(6) Effect of approval.--If the Board approves the agreement 
    or renews approval of the agreement, it may be made and carried out 
    under its terms and under the conditions required by the Board, and 
    the antitrust laws, as defined in the first section of the Clayton 
    Act (15 U.S.C. 12), do not apply to parties and other persons with 
    respect to making or carrying out the agreement.
    ``(b) Records.--The Board may require an organization established 
or continued under an agreement approved under this section to maintain 
records and submit reports. The Board, or its delegate, may inspect a 
record maintained under this section, or monitor any organization's 
compliance with this section.
    ``(c) Review.--The Board may review an agreement approved under 
this section, on its own initiative or on request, and shall change the 
conditions of approval or terminate it when necessary to protect the 
public interest. Action of the Board under this section--
        ``(1) approving an agreement,
        ``(2) denying, ending, or changing approval,
        ``(3) prescribing the conditions on which approval is granted, 
    or
        ``(4) changing those conditions,
has effect only as related to application of the antitrust laws 
referred to in subsection (a).
    ``(d) Expiration of Approvals; Renewals.--Subject to subsection 
(c), approval of an agreement under subsection (a) shall expire 3 years 
after the date of approval unless renewed under this subsection. The 
approval may be renewed upon request of the parties to the agreement if 
such parties resubmit the agreement to the Board, the agreement is 
unchanged, and the Board approves such renewal. The Board shall approve 
the renewal unless it finds that the renewal is not in the public 
interest. Parties to the agreement may continue to undertake activities 
pursuant to the previously approved agreement while the renewal request 
is pending.
    ``(e) Existing Agreements.--Agreements approved under former 
section 10706(b) and in effect on the day before the effective date of 
this section shall be treated for purposes of this section as approved 
by the Board under this section beginning on such effective date.
    ``(f) Limitations on Statutory Construction.--
        ``(1) Undercharge claims.--Nothing in this section shall serve 
    as a basis for any undercharge claim.
        ``(2) Obligation of shipper.--Nothing in this title, the ICC 
    Termination Act of 1995, or any amendments or repeals made by such 
    Act shall be construed as creating any obligation for a shipper 
    based solely on a classification that was on file with the 
    Interstate Commerce Commission or elsewhere on the day before the 
    effective date of this section.
    ``(g) Industry Standard Guides.--
        ``(1) In general.--
            ``(A) Public availability.--Routes, rates, classifications, 
        mileage guides, and rules established under agreements approved 
        under this section shall be published and made available for 
        public inspection upon request.
            ``(B) Participation of carriers.--
                ``(i) In general.--A motor carrier of property whose 
            routes, rates, classifications, mileage guides, rules, or 
            packaging are determined or governed by publications 
            established under agreements approved under this section 
            must participate in the determining or governing 
            publication for such provisions to apply.
                ``(ii) Power of attorney.--The motor carrier of 
            property shall issue a power of attorney to the publishing 
            agent and, upon its acceptance, the agent shall issue a 
            written certification to the motor carrier affirming its 
            participation in the governing publication, and the 
            certification shall be made available for public 
            inspection.
        ``(2) Mileage limitation.--No carrier subject to jurisdiction 
    under subchapter I or III of chapter 135 may enforce collection of 
    its mileage rates unless such carrier--
            ``(A) is a participant in a publication of mileages 
        formulated under an agreement approved under this section; or
            ``(B) uses a publication of mileage (other than a 
        publication described in subparagraph (A)) that can be examined 
        by any interested person upon reasonable request.
    ``(h) Single Line Rate Defined.--In this section, the term `single 
line rate' means a rate, charge, or allowance proposed by a single 
motor carrier that is applicable only over its line and for which the 
transportation can be provided by that carrier.
``Sec. 13704. Household goods rates--estimates; guarantees of service
    ``(a) In General.--
        ``(1) Authority.--Subject to the provisions of paragraph (2) of 
    this subsection, a motor carrier providing transportation of 
    household goods subject to jurisdiction under subchapter I of 
    chapter 135 may establish a rate for the transportation of 
    household goods which is based on the carrier's written, binding 
    estimate of charges for providing such transportation.
        ``(2) 
2000
Nonpreferential; nonpredatory.--Any rate established 
    under this subsection must be available on a nonpreferential basis 
    to shippers and must not result in charges to shippers which are 
    predatory.
    ``(b) Rates for Guaranteed Service.--
        ``(1) Authority.--Subject to the provisions of paragraph (2) of 
    this subsection, a motor carrier providing transportation of 
    household goods subject to jurisdiction under subchapter I of 
    chapter 135 may establish rates for the transportation of household 
    goods which guarantee that the carrier will pick up and deliver 
    such household goods at the times specified in the contract for 
    such services and provide a penalty or per diem payment in the 
    event the carrier fails to pick up or deliver such household goods 
    at the specified time. The charges, if any, for such guarantee and 
    penalty provision may vary to reflect one or more options available 
    to meet a particular shipper's needs.
        ``(2) Authority of secretary to require nonguaranteed service 
    rates.--Before a carrier may establish a rate for any service under 
    paragraph (1) of this subsection, the Secretary may require such 
    carrier to have in effect and keep in effect, during any period 
    such rate is in effect under paragraph (1), a rate for such service 
    which does not guarantee the pick up and delivery of household 
    goods at the times specified in the contract for such services and 
    which does not provide a penalty or per diem payment in the event 
    the carrier fails to pick up or deliver household goods at the 
    specified time.
``Sec. 13705. Requirements for through routes among motor carriers of 
      passengers
    ``(a) Establishment; Reasonableness.--A motor carrier providing 
transportation of passengers subject to jurisdiction under subchapter I 
of chapter 135 shall establish through routes with other carriers of 
the same type and shall establish individual and joint rates applicable 
to them. Such through route must be reasonable.
    ``(b) Prescribed by Board.--When the Board finds it necessary to 
enforce the requirements of this section, the Board may prescribe 
through routes and the conditions under which those routes must be 
operated for motor carriers providing transportation of passengers 
subject to jurisdiction under subchapter I of chapter 135.

``Sec. 13706. Liability for payment of rates

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

``Sec. 13707. Payment of rates

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

``Sec. 13708. Billing and collecting practices

    ``(a) Disclosure.--A motor carrier subject to jurisdiction under 
subchapter I of chapter 135 shall disclose, when a document is 
presented or electronically transmitted for payment to the person 
responsible directly to the motor carrier for payment or agent of such 
responsible person, the actual rates, charges, or allowances for any 
transportation service and shall also disclose, at such time, whether 
and to whom any allowance or reduction in charges is made.
    ``(b) False or Misleading Information.--No person may cause a motor 
carrier to present false or misleading information on a document about 
the actual rate, charge, or allowance to any party to the transaction.
    ``(c) Allowances for Services.--When the actual rate, charge, or 
allowance is dependent upon the performance of a service by a party to 
the transportation arrangement, such as tendering a volume of freight 
over a stated period of time, the motor carrier shall indicate in any 
document presented for payment to the person responsible directly to 
the motor carrier that a reduction, allowance, or other adjustment may 
apply.
``Sec. 13709. Procedures for resolving claims involving unfiled, 
      negotiated transportation rates
    ``(a) Transportation Provided at Rates Other Than Legal Tariff 
Rates.--
        ``(1) In general.--When a claim is made by a motor carrier of 
    property (other than a household goods carrier) providing 
    transportation subject to jurisdiction under subchapter II of 
    chapter 105 (as in effect on the day before the effective date of 
    this section) or subchapter I of chapter 135, by a freight 
    forwarder (other than a household goods freight forwarder), or by a 
    party representing such a carrier or freight forwarder regarding 
    the collection of rates or charges for such transportation in 
    addition to those originally billed and collected by the carrier or 
    freight forwarder for such transportation, the person against whom 
    the claim is made may elect to satisfy the claim under the 
    provisions of subsection (b), (c), or (d), upon showing that--
            ``(A) the carrier or freight forwarder is no longer 
        transporting property or is transporting property for the 
        purpose of avoiding the application of this section; and
            ``(B) with respect to the claim--
                ``(i) the person was offered a transportation rate by 
            the carrier or freight forwarder other than that legally on 
            file at the time with the Board or with the Interstate 
            Commerce Commission, as requ
2000
ired, for the transportation 
            service;
                ``(ii) the person tendered freight to the carrier or 
            freight forwarder in reasonable reliance upon the offered 
            transportation rate;
                ``(iii) the carrier or freight forwarder did not 
            properly or timely file with the Board or with the 
            Interstate Commerce Commission, as required, a tariff 
            providing for such transportation rate or failed to enter 
            into an agreement for contract carriage;
                ``(iv) such transportation rate was billed and 
            collected by the carrier or freight forwarder; and
                ``(v) the carrier or freight forwarder demands 
            additional payment of a higher rate filed in a tariff.
        ``(2) Forum.--If there is a dispute as to the showing under 
    paragraph (1)(A), such dispute shall be resolved by the court in 
    which the claim is brought. If there is a dispute as to the showing 
    under paragraph (1)(B), such dispute shall be resolved by the 
    Board. Pending the resolution of any such dispute, the person shall 
    not have to pay any additional compensation to the carrier or 
    freight forwarder.
        ``(3) Effect of satisfaction of claims.--Satisfaction of the 
    claim under subsection (b), (c), or (d) shall be binding on the 
    parties, and the parties shall not be subject to chapter 119 of 
    this title, as such chapter was in effect on the day before the 
    effective date of this section, or chapter 149.
    ``(b) Claims Involving Shipments Weighing 10,000 Pounds or Less.--A 
person from whom the additional legally applicable and effective tariff 
rate or charges are sought may elect to satisfy the claim if the 
shipments each weighed 10,000 pounds or less, by payment of 20 percent 
of the difference between the carrier's applicable and effective tariff 
rate and the rate originally billed and paid. In the event that a 
dispute arises as to the rate that was legally applicable to the 
shipment, such dispute shall be resolved by the Board.
    ``(c) Claims Involving Shipments Weighing More Than 10,000 
Pounds.--A person from whom the additional legally applicable and 
effective tariff rate or charges are sought may elect to satisfy the 
claim if the shipments each weighed more than 10,000 pounds, by payment 
of 15 percent of the difference between the carrier's applicable and 
effective tariff rate and the rate originally billed and paid. In the 
event that a dispute arises as to the rate that was legally applicable 
to the shipment, such dispute shall be resolved by the Board.
    ``(d) Claims Involving Public Warehousemen.--Notwithstanding 
subsections (b) and (c), a person from whom the additional legally 
applicable and effective tariff rate or charges are sought may elect to 
satisfy the claim by payment of 5 percent of the difference between the 
carrier's applicable and effective tariff rate and the rate originally 
billed and paid if such person is a public warehouseman. In the event 
that a dispute arises as to the rate that was legally applicable to the 
shipment, such dispute shall be resolved by the Board.
    ``(e) Effects of Election.--When a person from whom additional 
legally applicable freight rates or charges are sought does not elect 
to use the provisions of subsection (b), (c) or (d), the person may 
pursue all rights and remedies existing under this part or, for 
transportation provided before the effective date of this section, all 
rights and remedies that existed under this title on the day before 
such effective date.
    ``(f) Stay of Additional Compensation.--When a person proceeds 
under this section to challenge the reasonableness of the legally 
applicable freight rate or charges being claimed by a carrier or 
freight forwarder in addition to those already billed and collected, 
the person shall not have to pay any additional compensation to the 
carrier or freight forwarder until the Board has made a determination 
as to the reasonableness of the challenged rate as applied to the 
freight of the person against whom the claim is made.
    ``(g) Notification of Election.--
        ``(1) General rule.--A person must notify the carrier or 
    freight forwarder as to its election to proceed under subsection 
    (b), (c), or (d). Except as provided in paragraphs (2), (3), and 
    (4), such election may be made at any time.
        ``(2) Demands for payment initially made after december 3, 
    1993.--If the carrier or freight forwarder or party representing 
    such carrier or freight forwarder initially demands the payment of 
    additional freight charges after December 3, 1993, and notifies the 
    person from whom additional freight charges are sought of the 
    provisions of subsections (a) through (f) at the time of the making 
    of such initial demand, the election must be made not later than 
    the later of--
            ``(A) the 60th day following the filing of an answer to a 
        suit for the collection of such additional legally applicable 
        freight rate or charges, or
            ``(B) March 5, 1994.
        ``(3) Pending suits for collection made before december 4, 
    1993.--If the carrier or freight forwarder or party representing 
    such carrier or freight forwarder has filed, before December 4, 
    1993, a suit for the collection of additional freight charges and 
    notifies the person from whom additional freight charges are sought 
    of the provisions of subsections (a) through (f), the election must 
    be made not later than the 90th day following the date on which 
    such notification is received.
        ``(4) Demands for payment made before december 4, 1993.--If the 
    carrier or freight forwarder or party representing such carrier or 
    freight forwarder has demanded the payment of additional freight 
    charges, and has not filed a suit for the collection of such 
    additional freight charges, before December 4, 1993, and notifies 
    the person from whom additional freight charges are sought of the 
    provisions of subsections (a) through (f), the election must be 
    made not later than the later of--
            ``(A) the 60th day following the filing of an answer to a 
        suit for the collection of such additional legally applicable 
        freight rate or charges, or
            ``(B) March 5, 1994.
    ``(h) Claims Involving Small-Business Concerns, Charitable 
Organizations, and Recyclable Materials.--
        ``(1) In general.--Notwithstanding subsections (b), (c), and 
    (d), a person from whom the additional legally applicable and 
    effective tariff rate or charges are sought shall not be liable for 
    the difference between the carrier's applicable and effective 
    tariff rate and the rate originally billed and paid--
            ``(A) if such person qualifies as a small-business concern 
        under the Small Business Act (15 U.S.C. 631 et seq.),
            ``(B) if such person is an organization which is described 
        in section 501(c)(3) of the Internal Revenue Code of 1986 and 
        exempt from tax under section 501(a) of such Code, or
            ``(C) if the cargo involved in the claim is recyclable 
        materials.
        ``(2) Recyclable materials defined.--In this subsection, the 
    term `recyclable materials' means waste products for recycling or 
    reuse in the furtherance of recognized pollution control programs.

``Sec. 13710. Additional billing and collecting practices

    ``(a) Miscellaneous Provisions.--
        ``(1) Information relating to basis of rate.--A motor carrier 
    of property (other than a motor carrier providing transportation in 
    noncontiguous domestic trade) shall provide to the shipper, on 
    request of the shipper, a written or electronic copy of the rate, 
    classification, rules, and practices, upon which any rate 
    applicable to its shipment or agreed to between the shipper and 
    carrier is based.
        ``(2) Reasonableness of rates; collecting additional charges.--
    When the applicability or rea
2000
sonableness of the rates and related 
    provisions billed by a motor carrier is challenged by the person 
    paying the freight charges, the Board shall determine whether such 
    rates and provisions are reasonable under section 13701 or 
    applicable based on the record before it.
        ``(3) Billing disputes.--
            ``(A) Initiated by motor carriers.--In those cases where a 
        motor carrier (other than a motor carrier providing 
        transportation of household goods or in noncontiguous domestic 
        trade) seeks to collect charges in addition to those billed and 
        collected which are contested by the payor, the carrier may 
        request that the Board determine whether any additional charges 
        over those billed and collected must be paid. A carrier must 
        issue any bill for charges in addition to those originally 
        billed within 180 days of the receipt of the original bill in 
        order to have the right to collect such charges.
            ``(B) Initiated by shippers.--If a shipper seeks to contest 
        the charges originally billed or additional charges 
        subsequently billed, the shipper may request that the Board 
        determine whether the charges billed must be paid. A shipper 
        must contest the original bill or subsequent bill within 180 
        days of receipt of the bill in order to have the right to 
        contest such charges.
        ``(4) Voiding of certain tariffs.--Any tariff on file with the 
    Interstate Commerce Commission on August 26, 1994, and not required 
    to be filed after that date is null and void beginning on that 
    date. Any tariff on file with the Interstate Commerce Commission on 
    the effective date of this section and not required to be filed 
    after that date is null and void beginning on that date.
    ``(b) Resolution of Disputes Over Status of Common Carrier or 
Contract Carrier.--If a motor carrier (other than a motor carrier 
providing transportation of household goods) that was subject to 
jurisdiction under subchapter II of chapter 105, as in effect on the 
day before the effective date of this section, and that had authority 
to provide transportation as both a motor common carrier and a motor 
contract carrier and a dispute arises as to whether certain 
transportation that was provided prior to the effective date of this 
section was provided in its common carrier or contract carrier capacity 
and the parties are not able to resolve the dispute consensually, the 
Board shall resolve the dispute.
``Sec. 13711. Alternative procedure for resolving undercharge disputes
    ``(a) General Rule.--It shall be an unreasonable practice for a 
motor carrier of property (other than a household goods carrier) 
providing transportation subject to jurisdiction under subchapter I of 
chapter 135 or, before the effective date of this section, to have 
provided transportation that was subject to jurisdiction under 
subchapter II of chapter 105, as in effect on the day before the 
effective date of this section, a freight forwarder (other than a 
household goods freight forwarder), or a party representing such a 
carrier or freight forwarder to attempt to charge or to charge for a 
transportation service the difference between (1) the applicable rate 
that was lawfully in effect pursuant to a tariff that was filed in 
accordance with this chapter or, with respect to transportation 
provided before the effective date of this section, in accordance with 
chapter 107, as in effect on the date the transportation was provided, 
by the carrier or freight forwarder applicable to such transportation 
service, and (2) the negotiated rate for such transportation service if 
the carrier or freight forwarder is no longer transporting property 
between places described in section 13501(1) or is transporting 
property between places described in section 13501(1) for the purpose 
of avoiding application of this section.
    ``(b) Jurisdiction of Board.--
        ``(1) Determination.--The Board shall have jurisdiction to make 
    a determination of whether or not attempting to charge or the 
    charging of a rate by a motor carrier or freight forwarder or party 
    representing a motor carrier or freight forwarder is an 
    unreasonable practice under subsection (a). If the Board determines 
    that attempting to charge or the charging of the rate is an 
    unreasonable practice under subsection (a), the carrier, freight 
    forwarder, or party may not collect the difference described in 
    subsection (a) between the applicable rate and the negotiated rate 
    for the transportation service.
        ``(2) Factors to consider.--In making a determination under 
    paragraph (1), the Board shall consider--
            ``(A) whether the person was offered a transportation rate 
        by the carrier or freight forwarder or party other than that 
        legally on file with the Interstate Commerce Commission or the 
        Board, as required, at the time of the movement for the 
        transportation service;
            ``(B) whether the person tendered freight to the carrier or 
        freight forwarder in reasonable reliance upon the offered 
        transportation rate;
            ``(C) whether the carrier or freight forwarder did not 
        properly or timely file with the Interstate Commerce Commission 
        or the Board, as required, a tariff providing for such 
        transportation rate or failed to enter into an agreement for 
        contract carriage;
            ``(D) whether the transportation rate was billed and 
        collected by the carrier or freight forwarder; and
            ``(E) whether the carrier or freight forwarder or party 
        demands additional payment of a higher rate filed in a tariff.
    ``(c) Stay of Additional Compensation.--When a person proceeds 
under this section to challenge the reasonableness of the practice of a 
motor carrier, freight forwarder, or party described in subsection (a) 
to attempt to charge or to charge the difference described in 
subsection (a) between the applicable rate and the negotiated rate for 
the transportation service in addition to those charges already billed 
and collected for the transportation service, the person shall not have 
to pay any additional compensation to the carrier, freight forwarder, 
or party until the Board has made a determination as to the 
reasonableness of the practice as applied to the freight of the person 
against whom the claim is made.
    ``(d) Treatment.--Subsection (a) is an exception to the 
requirements of section 13702 and, for transportation provided before 
the effective date of this section, to the requirements of sections 
10761(a) and 10762, as in effect on the day before such effective date, 
as such sections relate to a filed tariff rate and other general tariff 
requirements.
    ``(e) Nonapplicability of Negotiated Rate Dispute Resolution 
Procedure.--If a person elects to seek enforcement of subsection (a) 
with respect to a rate for a transportation or service, section 13709 
shall not apply to such rate.
    ``(f) Definitions.--In this section, the term ``negotiated rate'' 
means a rate, charge, classification, or rule agreed upon by a motor 
carrier or freight forwarder and a shipper through negotiations 
pursuant to which no tariff was lawfully and timely filed and for which 
there is written evidence of such agreement.
    ``(g) Applicability to Pending Cases.--This section shall apply to 
all cases and proceedings pending on the effective date of this 
section.

``Sec. 13712. Government traffic

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

``Sec. 13713. Food and grocery transpor
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tation

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

                      ``CHAPTER 139--REGISTRATION

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

``Sec. 13901. Requirement for registration

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

``Sec. 13902. Registration of motor carriers

    ``(a) Motor Carrier Generally.--
        ``(1) In general.--Except as provided in this section, the 
    Secretary shall register a person to provide transportation subject 
    to jurisdiction under subchapter I of chapter 135 of this title as 
    a motor carrier if the Secretary finds that the person is willing 
    and able to comply with--
            ``(A) this part and the applicable regulations of the 
        Secretary and the Board;
            ``(B) any safety regulations imposed by the Secretary and 
        the safety fitness requirements established by the Secretary 
        under section 31144; and
            ``(C) the minimum financial responsibility requirements 
        established by the Secretary pursuant to sections 13906 and 
        31138.
        ``(2) Consideration of evidence; findings.--The Secretary shall 
    consider and, to the extent applicable, make findings on, any 
    evidence demonstrating that the registrant is unable to comply with 
    the requirements of subparagraph (A), (B), or (C) of paragraph (1).
        ``(3) Withholding.--If the Secretary determines that any 
    registrant under this section does not meet the requirements of 
    paragraph (1), the Secretary shall withhold registration.
        ``(4) Limitation on complaints.--The Secretary may hear a 
    complaint from any person concerning a registration under this 
    subsection only on the ground that the registrant fails or will 
    fail to comply with this part, the applicable regulations of the 
    Secretary and the Board, the safety regulations of the Secretary, 
    or the safety fitness or minimum financial responsibility 
    requirements of paragraph (1) of this subsection.
    ``(b) Motor Carriers of Passengers.--
        ``(1) Registration of private recipients of governmental 
    assistance.--The Secretary shall register under subsection (a)(1) a 
    private recipient of governmental assistance to provide special or 
    charter transportation subject to jurisdiction under subchapter I 
    of chapter 135 as a motor carrier of passengers if the Secretary 
    finds that the recipient meets the requirements of subsection 
    (a)(1), unless the Secretary finds, on the basis of evidence 
    presented by any person objecting to the registration, that the 
    transportation to be provided pursuant to the registration is not 
    in the public interest.
        ``(2) Registration of public recipients of governmental 
    assistance.--
            ``(A) Charter transportation.--The Secretary shall register 
        under subsection (a)(1) a public recipient of governmental 
        assistance to provide special or charter transportation subject 
        to jurisdiction under subchapter I of chapter 135 as a motor 
        carrier of passengers if the Secretary finds that--
                ``(i) the recipient meets the requirements of 
            subsection (a)(1); and
                ``(ii)(I) no motor carrier of passengers (other than a 
            motor carrier of passengers which is a public recipient of 
            governmental assistance) is providing, or is willing to 
            provide, the transportation; or
                ``(II) the transportation is to be provided entirely in 
            the area in which the public recipient provides regularly 
            scheduled mass transportation services.
            ``(B) Regular-route transportation.--The Secretary shall 
        register under subsection (a)(1) a public recipient of 
        governmental assistance to provide regular-route transportation 
        subject to jurisdiction under subchapter I of chapter 135 as a 
        motor carrier of passengers if the Secretary finds that the 
        recipient meets the requirements of subsection (a)(1), unless 
        the Secretary finds, on the basis of evidence presented by any 
        person objecting to the registration, that the transportation 
        to be provided pursuant to the registration is not in the 
        public interest.
            ``(C) Treatment of certain public recipients.--Any public 
        recipient of governmental assistance which is providing or 
        seeking to provide transportation of passengers subject to 
        jurisdiction under subchapter I of chapter 135 shall, for 
        purposes of this part, be treated as a person which is 
        providing or seeking to provide transportation of passengers 
        subject to such jurisdiction.
        ``(3) Intrastate transportation by interstate carriers.--A 
    motor carrier of passengers that is registered by the Secretary 
    under subsection (a) is authorized to provide regular-route 
    transportation entirely in one State as a motor carrier of 
    passengers if such intrastate transportation is to be provided on a 
    route over which the carrier provides interstate transportation of 
    passengers.
        ``(4) Preemption of state regulation regarding certain 
    service.--No State or political subdivision thereof and no 
    interstate agency or other political agency of 2 or more States 
    shall enact or enforce any law, rule, regulation, standard or other 
    provision having the force and effect of law relating to the 
    provision of pickup and delivery of express packages, newspapers, 
    or mail in a commercial zone if the shipment has had or will have a 
    prior or subsequent movement by bus in intrastate commerce and, if 
    a city within the commercial zone, is served by a motor carrier of 
    passengers providing regular-route transportation of passengers 
    subject to jurisdiction under subchapter I of chapter 135.
        ``(5) Jurisdiction over certain intrastate transportation.--
    Subject to 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 
    such time as the carrier takes such action as is necessary to 
    establish under the laws of such State rates, rules, and practices 
    applicable to such transportation, but in no case later than the 
    30th day following the date on which the motor carrier of 
    passengers first begins providing transportation entirely in one 
    State under this paragraph.
        ``(6) Special operations.--This subsection shall not apply to 
    any regular-route transportation of passengers provided entirely in 
    one State which is in the nature of a special operation.
        ``(7) Suspension or revocation.--Intrastate transportation 
    authorized under this subsection may be suspended or revoked by
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 the 
    Secretary under section 13905 of this title at any time.
        ``(8) Definitions.--In this subsection, the following 
    definitions apply:
            ``(A) Public recipient of governmental assistance.--The 
        term `public recipient of governmental assistance' means--
                ``(i) any State,
                ``(ii) any municipality or other political subdivision 
            of a State,
                ``(iii) any public agency or instrumentality of one or 
            more States and municipalities and political subdivisions 
            of a State,
                ``(iv) any Indian tribe,
                ``(v) any corporation, board, or other person owned or 
            controlled by any entity described in clause (i), (ii), 
            (iii), or (iv), and
        which before, on, or after the effective date of this 
        subsection received governmental assistance for the purchase or 
        operation of any bus.
            ``(B) Private recipient of government assistance.--The term 
        `private recipient of government assistance' means any 
person(other than a person described in subparagraph (A)) who before, 
on, or after the effective date of this paragraph received governmental 
financial assistance in the form of a subsidy for the purchase, lease, 
or operation of any bus.
    ``(c) Restrictions on Motor Carriers Domiciled in or Owned or 
Controlled by Nationals of a Contiguous Foreign Country.--
        ``(1) Prevention of discriminatory practices.--If the 
    President, or the delegate thereof, determines that an act, policy, 
    or practice of a foreign country contiguous to the United States, 
    or any political subdivision or any instrumentality of any such 
    country is unreasonable or discriminatory and burdens or restricts 
    United States transportation companies providing, or seeking to 
    provide, motor carrier transportation to, from, or within such 
    foreign country, the President or such delegate may--
            ``(A) seek elimination of such practices through 
        consultations; or
            ``(B) notwithstanding any other provision of law, suspend, 
        modify, amend, condition, or restrict operations, including 
        geographical restriction of operations, in the United States by 
        motor carriers of property or passengers domiciled in such 
        foreign country or owned or controlled by persons of such 
        foreign country.
        ``(2) Equalization of treatment.--Any action taken under 
    paragraph (1)(A) to eliminate an act, policy, or practice shall be 
    so devised so as to equal to the extent possible the burdens or 
    restrictions imposed by such foreign country on United States 
    transportation companies.
        ``(3) Removal or modification.--The President, or the delegate 
    thereof, may remove or modify in whole or in part any action taken 
    under paragraph (1)(A) if the President or such delegate determines 
    that such removal or modification is consistent with the 
    obligations of the United States under a trade agreement or with 
    United States transportation policy.
        ``(4) Protection of existing operations.--Unless and until the 
    President, or the delegate thereof, makes a determination under 
    paragraph (1) or (3), nothing in this subsection shall affect--
            ``(A) operations of motor carriers of property or 
        passengers domiciled in any contiguous foreign country or owned 
        or controlled by persons of any contiguous foreign country 
        permitted in the commercial zones along the United States-
        Mexico border as such zones were defined on the day before the 
        effective date of this section; or
            ``(B) any existing restrictions on operations of motor 
        carriers of property or passengers domiciled in any contiguous 
        foreign country or owned or controlled by persons of any 
        contiguous foreign country or any modifications thereof 
        pursuant to section 6 of the Bus Regulatory Reform Act of 1982.
        ``(5) Publication; comment.--Unless the President, or the 
    delegate thereof, determines that expeditious action is required, 
    the President shall publish in the Federal Register any 
    determination under paragraph (1) or (3), together with a 
    description of the facts on which such a determination is based and 
    any proposed action to be taken pursuant to paragraph (1)(B) or 
    (3), and provide an opportunity for public comment.
        ``(6) Delegation to secretary.--The President may delegate any 
    or all authority under this subsection to the Secretary, who shall 
    consult with other agencies as appropriate. In accordance with the 
    directions of the President, the Secretary may issue regulations to 
    enforce this subsection.
        ``(7) Civil actions.--Either the Secretary or the Attorney 
    General may bring a civil action in an appropriate district court 
    of the United States to enforce this subsection or a regulation 
    prescribed or order issued under this subsection. The court may 
    award appropriate relief, including injunctive relief.
        ``(8) Limitation on statutory construction.--This subsection 
    shall not be construed as affecting the requirement for all foreign 
    motor carriers and foreign motor private carriers operating in the 
    United States to comply with all applicable laws and regulations 
    pertaining to fitness, safety of operations, financial 
    responsibility, and taxes imposed by section 4481 of the Internal 
    Revenue Code of 1986.
    ``(d) Transition Rule.--
        ``(1) In general.--Pending the implementation of the rulemaking 
    required by section 13908, the Secretary may register a person 
    under this section--
            ``(A) as a motor common carrier if such person would have 
        been issued a certificate to provide transportation as a motor 
        common carrier under this subtitle on the day before the 
        effective date of this section; and
            ``(B) as a motor contract carrier if such person would have 
        been issued a permit to provide transportation as a motor 
        contract carrier under this subtitle on such day.
        ``(2) Definitions.--In this subsection, the terms `motor common 
    carrier' and `motor contract carrier' have the meaning such terms 
    had under section 10102 as such section was in effect on the day 
    before the effective date of this section.
    ``(e) Motor Carrier Defined.--In this section and sections 13905 
and 13906, the term `motor carrier' includes foreign motor private 
carriers.

``Sec. 13903. Registration of freight forwarders

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

``Sec. 13904. Registration of brokers

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

``Sec. 13905. Effective periods of registration

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

``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
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 as of the effective 
date of this section shall retain that authority unless, for good cause 
shown and after noticeand an opportunity for a hearing, the Secretary 
finds that the authority must be revoked.
    ``(e) Notice of Cancellation of Insurance.--The Secretary shall 
issue regulations requiring the submission to the Secretary of notices 
of insurance cancellation sufficiently in advance of actual 
cancellation so as to enable the Secretary to promptly revoke the 
registration of any carrier or broker after the effective date of the 
cancellation.
    ``(f) Form of Endorsement.--The Secretary shall also prescribe the 
appropriate form of endorsement to be appended to policies of insurance 
and surety bonds which will subject the insurance policy or surety bond 
to the full security limits of the coverage required under this 
section.

``Sec. 13907. Household goods agents

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

``Sec. 13908. Registration and other reforms

    ``(a) Regulations Replacing Certain Programs.--The Secretary, in 
cooperation with the States, and after notice and opportunity for 
public comment, shall issue regulations to replace the current 
Department of Transportation identification number system, the single 
State registration system under section 14504, the registration system 
contained in this chapter, and the financial responsibility information 
system under section 13906 with a single, on-line, Federal system. The 
new system shall serve as a clearinghouse and depository of information 
on and identification of all foreign and domestic motor carriers, 
brokers, and freight forwarders, and others required to register with 
the Department as well as information on safety fitness and compliance 
with required levels of financial responsibility. In issuing the 
regulations, the Secretary shall consider whether or not to integrate 
the requirements of section 13304 into the new system and may integrate 
such requirements into the new system.
    ``(b) Factors To Be Considered.--In conducting the rulemaking under 
subsection (a), the Secretary shall, at a minimum, consider the 
following factors:
        ``(1) Funding for State enforcement of motor carrier safety 
    regulations.
        ``(2) Whether the existing single State registration system is 
    duplicative and burdensome.
        ``(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 tit
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le 31, a fee system for registration and filing evidence of 
financial responsibility under the new system under subsection (a). 
Fees collected under the fee system shall cover the costs of operating 
and upgrading the registration system, including all personnel costs 
associated with the system. Fees collected under this subsection may be 
credited to the Department of Transportation appropriations account for 
purposes for which such fees are collected, and shall be available for 
expenditure until expended.
    ``(d) State Registration Programs.--If the Secretary determines 
that no State should require insurance filings or collect fees for such 
filings (including filings and fees authorized under section 14504), 
the Secretary may prevent any State or political subdivision thereof, 
or any political authority of 2 or more States, from imposing any 
insurance filing requirements or fees that are for the same purposes as 
filings or fees the Secretary requires under the new system under 
subsection (a). The Secretary may not take any action pursuant to this 
subsection unless--
        ``(1) fees that will be collected by the Secretary under 
    subsection (c) and distributed in each fiscal year to the States 
    will provide each State with at least as much revenue as that State 
    received in fiscal year 1995 under section 11506, as in effect on 
    the day before the effective date of this section; and
        ``(2) all States will receive from the distribution of such 
    fees a minimum apportionment.
    ``(e) Deadline for Conclusion; Modifications.--Not later than 24 
months after the effective date of this section, the Secretary--
        ``(1) shall conclude the rulemaking under this section;
        ``(2) may implement such changes under this section as the 
    Secretary considers appropriate and in the public interest; and
        ``(3) shall transmit to Congress a report on any findings of 
    the rulemaking and the changes being implemented under this 
    section, together with suchrecommendations for legislative language 
necessary to conform this part to such changes.

                 ``CHAPTER 141--OPERATIONS OF CARRIERS

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

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

                  ``SUBCHAPTER II--REPORTS AND RECORDS

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

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

``Sec. 14101. Providing transportation and service

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

``Sec. 14102. Leased motor vehicles

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

``Sec. 14103. Loading and unloading motor vehicles

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

``Sec. 14104. Household goods carrier operations

    ``(a) General Regulatory Authority.--
        ``(1) Paperwork minimization.--The Secretary may issue 
    regulations, including regulations protecting individual shippers, 
    in order to carry out this part with respect to the transportation 
    of household goods by motor carriers subject to jurisdiction under 
    subchapter I of chapter 135. The regulations and paperwork required 
    of motor carriers providing transportation of household goods shall 
    be minimized to the maximum extent feasible consistent with the 
    protection of individual shippers.
        ``(2) Performance standards.--
            ``(A) In general.--Regulations of the Secretary protecting 
        individual shippers shall include, where appropriate, 
        reasonable performance standards for the transportation of 
        household goods subject to jurisdiction under subchapter I of 
        chapter 135.
            ``(B) Factors to consider.--In establishing performance 
        standards under this paragraph, the Secretary shall take into 
        account at least the following--
                ``(i) the level of performance that can be achie
2000
ved 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 Board, as applicable, 
may prescribe the form of records required to be prepared or compiled 
under this subchapter by carriers and brokers, including records 
related to movement of traffic and receipts and expenditures of money.
    ``(b) Right of Inspection.--The Secretary or Board, or an employee 
designated by the Secretary or Board, may on demand and display of 
proper credentials--
        ``(1) inspect and examine the lands, buildings, and equipment 
    of a carrier or broker; and
        ``(2) inspect and copy any record of--
            ``(A) a carrier, broker, or association; and
            ``(B) a person controlling, controlled by, or under common 
        control with a carrier if the Secretary or Board, as 
        applicable, considers inspection relevant to that person's 
        relation to, or transaction with, that carrier.
    ``(c) Period for Preservation of Records.--The Secretary or Board, 
as applicable, may prescribe the time period during which operating, 
accounting, and financial records must be preserved by carriers and 
brokers.

``Sec. 14123. Financial reporting

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

                         ``CHAPTER 143--FINANCE

``Sec.

``14301. Security interests in certain motor vehicles.

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

``14303. Consolidation, merger, and acquisition of co
2000
ntrol of motor 
carriers of passengers.

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

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

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

    ``(a) Approval Required.--A carrier providing transportation 
subject to jurisdiction under subchapter I of chapter 135 may not agree 
or combine with another such carrier to pool or divide traffic or 
services or any part of their earnings without the approval of the 
Board under this section.
    ``(b) Standards for Approval.--The Board may approve and authorize 
an agreement or combination between or among motor carriers of 
passengers, or between a motor carrier of passengers and a rail carrier 
of passengers if the carriers involved assent to the pooling or 
division and the Board finds that a pooling or division of traffic, 
services, or earnings--
        ``(1) will be in the interest of better service to the public 
    or of economy of operation; and
        ``(2) will not unreasonably restrain competition.
    ``(c) Procedure.--
        ``(1) Application.--Any motor carrier of property may apply to 
    the Board for approval of an agreement or combination with another 
    such carrier to pool or divide traffic or any services or any part 
    of their earnings by filing such agreement or combination with the 
    Board not less than 50 days before its effective date.
        ``(2) Determination of importance and restraint on 
    competition.--Prior to the effective date of the agreement or 
    combination, the Board shall determine whether the agreement or 
    combination is of major transportation importance and whether there 
    is substantial likelihood that the agreement or combination will 
    unduly restrain competition. If the Board determines that neither 
    of these 2 factors exists, it shall, prior to such effective date 
    and without a hearing, approve and authorize the agreement or 
    combination, under such rules and regulations as the Board may 
    issue, and for such consideration between such carriers and upon 
    such terms and conditions as shall be found by the Board to be just 
    and reasonable.
        ``(3) Hearing.--If the Board determines either that the 
    agreement or combination is of major transportation importance or 
    that there is substantial likelihood that the agreement or 
    combination will unduly restrain competition, the Board shall hold 
    a hearing concerning whether the agreement or combination will be 
    in the interest of better service tothe public or of economy in 
operation and whether it will unduly restrain competition and shall 
suspend operation of such agreement or combination pending such hearing 
and final decision thereon. After such hearing, the Board shall 
indicate to what extent it finds that the agreement or combination will 
be in the interest of better service to the public or of economy in 
operation and will not unduly restrain competition and if assented to 
by all the carriers involved, shall to that extent, approve and 
authorize the agreement or combination, under such rules and 
regulations as the Board may issue, and for such consideration between 
such carriers and upon such terms and conditions as shall be found by 
the Board to be just and reasonable.
        ``(4) Special rules for household goods carriers.--In the case 
    of an application for Board approval of an agreement or combination 
    between a motor carrier providing transportation of household goods 
    and its agents to pool or divide traffic or services or any part of 
    their earnings, such agreement or combination shall be presumed to 
    be in the interest of better service to the public and of economy 
    in operation and not to restrain competition unduly if the 
    practices proposed to be carried out under such agreement or 
    combination are the same as or similar to practices carried out 
    under agreements and combinations between motor carriers providing 
    transportation of household goods to pool or divide traffic or 
    service of any part of their earnings approved by the Interstate 
    Commerce Commission before the effective date of this section.
        ``(5) Streamlining and simplifying.--The Board shall 
    streamline, simplify, and expedite, to the maximum extent 
    practicable, the process (including any paperwork) for submission 
    and approval of applications under this section for agreements and 
    combinations between motor carriers providing transportation of 
    household goods and their agents.
    ``(d) Conditions.--The Board may impose conditions governing the 
pooling or division and may approve and authorize payment of a 
reasonable consideration between the carriers.
    ``(e) Initiation of Proceeding.--The Board may begin a proceeding 
under this section on its own initiative or on application.
    ``(f) Effect of Approval.--A carrier may participate in an 
arrangem
2000
ent approved by or exempted by the Board under this section 
without the approval of any other Federal, State, or municipal body. A 
carrier participating in an approved or exempted arrangement is exempt 
from the antitrust laws and from all other law, including State and 
municipal law, as necessary to let that person carry out the 
arrangement.
    ``(g) Continuation of Existing Agreements.--Any agreements in 
operation under the provisions of this title on the effective date of 
this section that are succeeded by this section shall remain in effect 
until further order of the Board.
    ``(h) Definitions.--In this section, the following definitions 
apply:
        ``(1) Household goods.--The term `household goods' has the 
    meaning such term had under section 10102(11) of this title, as in 
    effect on the day before the effective date of this section.
        ``(2) Transportation.--The term `transportation' means 
    transportation that would be subject to the jurisdiction of the 
    Interstate Commerce Commission under subchapter II of chapter 105 
    of this title, as in effect on the day before such effective date, 
    if such subchapter were still in effect.

``Sec. 14303. Consolidation, merger, and acquisition of control of 
            motor carriers of passengers

    ``(a) Approval Required.--The following transactions involving 
motor carriers of passengers subject to jurisdiction under subchapter I 
of chapter 135 may be carried out only with the approval of the Board:
        ``(1) Consolidation or merger of the properties or franchises 
    of at least 2 carriers into one operation for the ownership, 
    management, and operation of the previously separately owned 
    properties.
        ``(2) A purchase, lease, or contract to operate property of 
    another carrier by any number of carriers.
        ``(3) Acquisition of control of a carrier by any number of 
    carriers.
        ``(4) Acquisition of control of at least 2 carriers by a person 
    that is not a carrier.
        ``(5) Acquisition of control of a carrier by a person that is 
    not a carrier but that controls any number of carriers.
    ``(b) Standard for Approval.--The Board shall approve and authorize 
a transaction under this section when it finds the transaction is 
consistent with the public interest. The Board shall consider at least 
the following:
        ``(1) The effect of the proposed transaction on the adequacy of 
    transportation to the public.
        ``(2) The total fixed charges that result from the proposed 
    transaction.
        ``(3) The interest of carrier employees affected by the 
    proposed transaction.
The Board may impose conditions governing the transaction.
    ``(c) Determination of Completeness of Application.--Within 30 days 
after the date on which an application is filed under this section, the 
Board shall either publish a notice of the application in the Federal 
Register or reject the application if it is incomplete.
    ``(d) Comments.--Written comments about an application may be filed 
with the Board within 45 days after the date on which notice of the 
application is published under subsection (c).
    ``(e) Deadlines.--The Board shall conclude evidentiary proceedings 
by the 240th day after the date on which notice of the application is 
published under subsection (c). The Board shall issue a final decision 
by the 180th day after the conclusion of the evidentiary proceedings. 
The Board may extend a time period under this subsection; except that 
the total of all such extensions with respect to any application shall 
not exceed 90 days.
    ``(f) Effect of Approval.--A carrier or corporation participating 
in or resulting from a transaction approved by the Board under this 
section, or exempted by the Board from the application of this section 
pursuant to section 13541, may carry out the transaction, own and 
operate property, and exercise control or franchises acquired through 
the transaction without the approval of a State authority. A carrier, 
corporation, or person participating in the approved or exempted 
transaction is exempt from the antitrust laws and from all other law, 
including State and municipal law, as necessary to let that person 
carry out the transaction, hold, maintain, and operate property, and 
exercise control or franchises acquired through the transaction.
    ``(g) Limitation on Applicability.--This section shall not apply to 
transactions involving carriers whose aggregate gross operating 
revenues were not more than $2,000,000 during a period of 12 
consecutive months ending not more than 6 months before the date of the 
agreement of the parties.
    ``(h) Applicability of Certain Provisions.--When the Board approves 
and authorizes a transaction under this section in which a person not a 
carrier providing transportation subject to jurisdiction under 
subchapter I of chapter 135 acquires control of at least 1 carrier 
subject to such jurisdiction, the person is subject, as a carrier, to 
the following provisions of this title that apply to the carrier being 
acquired by that person, to the extent specified by the Board: sections 
504(f), 14121-14123, 14901(a), and 14907.
    ``(i) Interim Approval.--Pending determination of an application 
filed under this section, the Board may approve, for a period of not 
more than 180 days, the operation of the properties sought to be 
acquired by the person proposing in the application to acquire those 
properties, when it appears that failure to do so may result in 
destruction of or injury to those properties or substantially interfere 
with their future usefulness in providing adequate and continuous 
service to the public. Transportation provided by a motor carrier under 
a grant of approval under this subsection is subject to this part.
    ``(j) Supplemental Orders.--When cause exists, the Board may issue 
appropriate orders supplemental to an order made in a proceeding under 
this section.

                 ``CHAPTER 145--FEDERAL-STATE RELATIONS

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

``Sec. 14501. Federal authority over intrastate transportation

    ``(a) Motor Carriers of Passengers.--No State or political 
subdivision thereof and no interstate agency or other political agency 
of 2 or more States shall enact or enforce any law, rule, regulation, 
standard, or other provision having the force and effect of law 
relating to scheduling of interstate or intrastate transportation 
(including discontinuance or reduction in the level of service) 
provided by motor carrier of passengers subject to jurisdiction under 
subchapter I of chapter 135 of this title on an interstate route or 
relating to the implementation of any change in the rates for such 
transportation or for any charter transportation except to the extent 
that notice, not in excess of 30 days, of changes in schedules may be 
required. This subsection shall not apply to intrastate commuter bus 
operations.
    ``(b) Freight Forwarders and Brokers.--
        ``(1) General rule.--Subject to paragraph (2) of this 
    subsection, no State or political subdivision thereof and no 
    intrastate agency or other political agency of 2 or more States 
    shall enact or enforce any law, rule, regulation, standard, or 
    other provision having the force and effect of law relating to 
    intrastate rates, intrastate routes, or intrastate services of any 
    freight forwarder or broker.
        ``(2) Continuation of hawaii's authority.--Nothing in this 
    subsection and the amendments made by the Surface Freight Forwarder 
    Deregulation Act of 1986 shall be construed to affectthe 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
2000
 State, political subdivision of a State, or political 
    authority of 2 or more States may not enact or enforce a law, 
    regulation, or other provision having the force and effect of law 
    related to a price, route, or service of any motor carrier (other 
    than a carrier affiliated with a direct air carrier covered by 
    section 41713(b)(4)) or any motor private carrier, broker, or 
    freight forwarder with respect to the transportation of property.
        ``(2) Matters not covered.--Paragraph (1)--
            ``(A) shall not restrict the safety regulatory authority of 
        a State with respect to motor vehicles, the authority of a 
        State to impose highway route controls or limitations based on 
        the size or weight of the motor vehicle or the hazardous nature 
        of the cargo, or the authority of a State to regulate motor 
        carriers with regard to minimum amounts of financial 
        responsibility relating to insurance requirements and self-
        insurance authorization;
            ``(B) does not apply to the transportation of household 
        goods; and
            ``(C) does not apply to the authority of a State or a 
        political subdivision of a State to enact or enforce a law, 
        regulation, or other provision relating to the price of for-
        hire motor vehicle transportation by a tow truck, if such 
        transportation is performed without the prior consent or 
        authorization of the owner or operator of the motor vehicle.
        ``(3) State standard transportation practices.--
            ``(A) Continuation.--Paragraph (1) shall not affect any 
        authority of a State, political subdivision of a State, or 
        political authority of 2 or more States to enact or enforce a 
        law, regulation, or other provision, with respect to the 
        intrastate transportation of property by motor carriers, 
        related to--
                ``(i) uniform cargo liability rules,
                ``(ii) uniform bills of lading or receipts for property 
            being transported,
                ``(iii) uniform cargo credit rules,
                ``(iv) antitrust immunity for joint line rates or 
            routes, classifications, mileage guides, and pooling, or
                ``(v) antitrust immunity for agent-van line operations 
            (as set forth in section 13907),
        if such law, regulation, or provision meets the requirements of 
        subparagraph (B).
            ``(B) Requirements.--A law, regulation, or provision of a 
        State, political subdivision, or political authority meets the 
        requirements of this subparagraph if--
                ``(i) the law, regulation, or provision covers the same 
            subject matter as, and compliance with such law, 
            regulation, or provision is no more burdensome than 
            compliance with, a provision of this part or a regulation 
            issued by the Secretary or the Board under this part; and
                ``(ii) the law, regulation, or provision only applies 
            to a carrier upon request of such carrier.
            ``(C) Election.--Notwithstanding any other provision of 
        law, a carrier affiliated with a direct air carrier through 
        common controlling ownership may elect to be subject to a law, 
        regulation, or provision of a State, political subdivision, or 
        political authority under this paragraph.
        ``(4) Nonapplicability to hawaii.--This subsection shall not 
    apply with respect to the State of Hawaii.

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

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

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

    ``(a) Single State Tax Withholding.--
        ``(1) In general.--No part of the compensation paid by a motor 
    carrier providing transportation subject to jurisdiction under 
    subchapter I of chapter 135 or by a motor private carrier
2000
 to an 
    employee who performs regularly assigned duties in 2 or more States 
    as such an employee with respect to a motor vehicle shall be 
    subject to the income tax laws of any State or subdivision of that 
    State, other than the State or subdivision thereof of the 
    employee's residence.
        ``(2) Employee defined.--In this subsection, the term 
    `employee' has the meaning given such term in section 31132.
    ``(b) Special Rules.--
        ``(1) Calculation of earnings.--In this subsection, an employee 
    is deemed to have earned more than 50 percent of pay in a State or 
    subdivision of that State in which the time worked by the employee 
    in the State or subdivision is more than 50 percent of the total 
    time worked by the employee while employed during the calendar 
    year.
        ``(2) Water carriers.--A water carrier providing transportation 
    subject to jurisdiction under subchapter II of chapter 135 shall 
    file income tax information returns and other reports only with--
            ``(A) the State and subdivision of residence of the 
        employee (as shown on the employment records of the carrier); 
        and
            ``(B) the State and subdivision in which the employee 
        earned more than 50 percent of the pay received by the employee 
        from the carrier during the preceding calendar year.
        ``(3) Applicability to sailors.--This subsection applies to pay 
    of a master, officer, or sailor who is a member of the crew on a 
    vessel engaged in foreign, coastwise, intercoastal, or 
    noncontiguous trade or in the fisheries of the United States.
    ``(c) Filing of Information.--A motor and motor private carrier 
withholding pay from an employee under subsection (a) of this section 
shall file income tax information returns and other reports only with 
the State and subdivision of residence of the employee.

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

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

                    ``(I) is based on the number of commercial motor 
                vehicles the carrier operates in a State and on the 
                number of States in which the carrier operates;

                    ``(II) minimizes the costs of complying with the 
                registration system; and
                    ``(III) results in a fee for each participating 
                State that is equal to the fee, not to exceed $10 per 
                vehicle, that such State collected or charged as of 
                November 15, 1991; and

                ``(v) shall not authorize the charging or collection of 
            any fee for filing and maintaining evidence of Federal 
            registration under subparagraph (A)(i) of this paragraph.
            ``(C) Prohibited fees.--The charging or collection of any 
        fee under this section that is not in accordance with the fee 
        system established under subparagraph (B)(iv) of this paragraph 
        shall be deemed to be a burden on interstate commerce.
            ``(D) Limitation on participation by states.--Only a State 
        which, as of January 1, 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. G
2000
eneral authority

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

``Sec. 14702. Enforcement by the regulatory authority

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

``Sec. 14703. Enforcement by the Attorney General

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

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

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

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

    ``(a) In General.--A carrier providing transportation or service 
subject to jurisdic
2000
tion under chapter 135 must begin a civil action to 
recover charges for transportation or service provided by the carrier 
within 18 months after the claim accrues.
    ``(b) Overcharges.--A person must begin a civil action to recover 
overcharges within 18 months after the claim accrues. If the claim is 
against a carrier providing transportation subject to jurisdiction 
under chapter 135 and an election to file a complaint with the Board or 
Secretary, as applicable, is made under section 14704(c)(1), the 
complaint must be filed within 3 years after the claim accrues.
    ``(c) Damages.--A person must file a complaint with the Board or 
Secretary, as applicable, to recover damages under section 14704(b) 
within 2 years after the claim accrues.
    ``(d) Extensions.--The limitation periods under subsection (b) of 
this section are extended for 6 months from the time written notice is 
given to the claimant by the carrier of disallowance of any part of the 
claim specified in the notice if a written claim is given to the 
carrier within those limitation periods. The limitation periods under 
subsections (b) and (c) of this section are extended for 90 days from 
the time the carrier begins a civil action under subsection (a) to 
recover charges related to the same transportation or service, or 
collects (without beginning a civil action under that subsection) the 
charge for that transportation or service if that action is begun or 
collection is made within the appropriate period.
    ``(e) Payment.--A person must begin a civil action to enforce an 
order of the Board or Secretary against a carrier within 1 year after 
the date of the order.
    ``(f) Government Transportation.--This section applies to 
transportation for the United States Government. The time limitations 
under this section are extended, as related to transportation for or on 
behalf of the United States Government, for 3 years from the later of 
the date of--
        ``(1) payment of the rate for the transportation or service 
    involved;
        ``(2) subsequent refund for overpayment of that rate; or
        ``(3) deduction made under section 3726 of title 31.
    ``(g) Accrual Date.--A claim related to a shipment of property 
accrues under this section on delivery or tender of delivery by the 
carrier.

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

    ``(a) General Liability.--
        ``(1) Motor carriers and freight forwarders.--A carrier 
    providing transportation or service subject to jurisdiction under 
    subchapter I or III of chapter 135 shall issue a receipt or bill of 
    lading for property it receives for transportation under this part. 
    That carrier and any other carrier that delivers the property and 
    is providing transportation or service subject to jurisdiction 
    under subchapter I or III of chapter 135 or chapter 105 are liable 
    to the person entitled to recover under the receipt or bill of 
    lading. The liability imposed under this paragraph is for the 
    actual loss or injury to the property caused by (A) the receiving 
    carrier, (B) the delivering carrier, or (C) another carrier over 
    whose line or route the property is transported in the United 
    States or from a place in the United States to a place in an 
    adjacent foreign country when transported under a through bill of 
    lading and, except in the case of a freight forwarder, applies to 
    property reconsigned or diverted under a tariff under section 
    13702. Failure to issue a receipt or bill of lading does not affect 
    the liability of a carrier. A delivering carrier is deemed to be 
    the carrier performing the line-haul transportation nearest the 
    destination but does not include a carrier providing only a 
    switching service at the destination.
        ``(2) Freight forwarder.--A freight forwarder is both the 
    receiving and delivering carrier. When a freight forwarder provides 
    service and uses a motor carrier providing transportation subject 
    to jurisdiction under subchapter I of chapter 135 to receive 
    property from a consignor, the motor carrier may execute the bill 
    of lading or shipping receipt for the freight forwarder with its 
    consent. With the consent of the freight forwarder, a motor carrier 
    may deliver property for a freight forwarder on the freight 
    forwarder's bill of lading, freight bill, or shipping receipt to 
    the consignee named in it, and receipt for the property may be made 
    on the freight forwarder's delivery receipt.
    ``(b) Apportionment.--The carrier issuing the receipt or bill of 
lading under subsection (a) of this section or delivering the property 
for which the receipt or bill of lading was issued is entitled to 
recover from the carrier over whose line or route the loss or injury 
occurred the amount required to be paid to the owners of the property, 
as evidenced by a receipt, judgment, or transcript, and theamount of 
its expenses reasonably incurred in defending a civil action brought by 
that person.
    ``(c) Special Rules.--
        ``(1) Motor carriers.--
            ``(A) Shipper waiver.--Subject to the provisions of 
        subparagraph (B), a carrier providing transportation or service 
        subject to jurisdiction under subchapter I or III of chapter 
        135 may, subject to the provisions of this chapter (including 
        with respect to a motor carrier, the requirements of section 
        13710(a)), establish rates for the transportation of property 
        (other than household goods described in section 13102(10)(A)) 
        under which the liability of the carrier for such property is 
        limited to a value established by written or electronic 
        declaration of the shipper or by written agreement between the 
        carrier and shipper if that value would be reasonable under the 
        circumstances surrounding the transportation.
            ``(B) Carrier notification.--If the motor carrier is not 
        required to file its tariff with the Board, it shall provide 
        under section 13710(a)(1) to the shipper, on request of the 
        shipper, a written or electronic copy of the rate, 
        classification, rules, and practices upon which any rate 
        applicable to a shipment, or agreed to between the shipper and 
        the carrier, is based. The copy provided by the carrier shall 
        clearly state the dates of applicability of the rate, 
        classification, rules, or practices.
            ``(C) Prohibition against collective establishment.--No 
        discussion, consideration, or approval as to rules to limit 
        liability under this subsection may be undertaken by carriers 
        acting under an agreement approved pursuant to section 13703.
        ``(2) Water carriers.--If loss or injury to property occurs 
    while it is in the custody of a water carrier, the liability of 
    that carrier is determined by its bill of lading and the law 
    applicable to water transportation. The liability of the initial or 
    delivering carrier is the same as the liability of the water 
    carrier.
    ``(d) Civil Actions.--
        ``(1) Against delivering carrier.--A civil action under this 
    section may be brought against a delivering carrier in a district 
    court of the United States or in a State court. Trial, if the 
    action is brought in a district court of the United States is in a 
    judicial district, and if in a State court, is in a State through 
    which the defendant carrier operates.
        ``(2) Against carrier responsible for loss.--A civil action 
    under this section may be brought against the carrier alleged to 
    have caused the loss or damage, in the judicial district in which 
    such loss or damage is alleged to have occurred.
        ``(3) Jurisdiction of courts.--A civil action under this 
    section may be brought in a United States district court or in a 
    State court.
        ``(4) Judicial district defined.--In this section, `judicial 
    district' means--
            ``(A) in the case of a United States 
2000
district court, a 
        judicial district of the United States; and
            ``(B) in the case of a State court, the applicable 
        geographic area over which such court exercises jurisdiction.
    ``(e) Minimum Period for Filing Claims.--
        ``(1) In general.--A carrier may not provide by rule, contract, 
    or otherwise, a period of less than 9 months for filing a claim 
    against it under this section and a period of less than 2 years for 
    bringing a civil action against it under this section. The period 
    for bringing a civil action is computed from the date the carrier 
    gives a person written notice that the carrier has disallowed any 
    part of the claim specified in the notice.
        ``(2) Special rules.--For the purposes of this subsection--
            ``(A) an offer of compromise shall not constitute a 
        disallowance of any part of the claim unless the carrier, in 
        writing, informs the claimant that such part of the claim is 
        disallowed and provides reasons for such disallowance; and
            ``(B) communications received from a carrier's insurer 
        shall not constitute a disallowance of any part of the claim 
        unless the insurer, in writing, informs the claimant that such 
        part of the claim is disallowed, provides reason for such 
        disallowance, and informs the claimant that the insurer is 
        acting on behalf of the carrier.
    ``(f) Limiting Liability of Household Goods Carriers to Declared 
Value.--A carrier or group of carriers subject to jurisdiction under 
subchapter I or III of chapter 135 may petition the Board to modify, 
eliminate, or establish rates for the transportation of household goods 
under which the liability of the carrier for that property is limited 
to a value established by written declaration of the shipper or by a 
written agreement.
    ``(g) Modifications and Reforms.--
        ``(1) Study.--The Secretary shall conduct a study to determine 
    whether any modifications or reforms should be made to the loss and 
    damage provisions of this section, including those related to 
    limitation of liability by carriers.
        ``(2) Factors to consider.--In conducting the study, the 
    Secretary, at a minimum, shall consider--
            ``(A) the efficient delivery of transportation services;
            ``(B) international and intermodal harmony;
            ``(C) the public interest; and
            ``(D) the interest of carriers and shippers.
        ``(3) Report.--Not later than 12 months after the effective 
    date of this section, the Secretary shall submit to Congress a 
    report on the results of the study, together with any 
    recommendations of the Secretary (including legislative 
    recommendations) for implementing modifications or reforms 
    identified by the Secretary as being appropriate.

``Sec. 14707. Private enforcement of registration requirement

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

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

    ``(a) Offering Shippers Arbitration.--As a condition of 
registration under section 13902 or 13903, a carrier providing 
transportation of household goods subject to jurisdiction under 
subchapter I or III of chapter 135 must agree to offer in accordance 
with this section to shippers of household goods arbitration as a means 
of settling disputes between such carriers and shippers of household 
goods concerning damage or loss to the household goods transported.
    ``(b) Arbitration Requirements.--
        ``(1) Prevention of special advantage.--The arbitration that is 
    offered must be designed to prevent a carrier from having any 
    special advantage in any case in which the claimant resides or does 
    business at a place distant from the carrier's principal or other 
    place of business.
        ``(2) Notice of arbitration procedure.--The carrier must 
    provide the shipper an adequate notice of the availability of 
    neutral arbitration, including a concise easy-to-read, accurate 
    summary of the arbitration procedure, any applicable costs, and 
    disclosure of the legal effects of election to utilize arbitration. 
    Such notice must be given to persons for whom household goods are 
    to be transported by the carrier before such goods are tendered to 
    the carrier for transportation.
        ``(3) Provision of forms.--Upon request of a shipper, the 
    carrier must promptly provide such forms and other information as 
    are necessary for initiating an action to resolve a dispute under 
    arbitration.
        ``(4) Independence of arbitrator.--Each person authorized to 
    arbitrate or otherwise settle disputes must be independent of the 
    parties to the dispute and must be capable, as determined under 
    such regulations as the Secretary may issue, to resolve such 
    disputes fairly and expeditiously. The carrier must ensure that 
    each person chosen to settle the disputes is authorized and able to 
    obtain from the shipper or carrier any material and relevant 
    information to the extent necessary to carry out a fair and 
    expeditious decisionmaking process.
        ``(5) Apportionment of costs.--No shipper may be charged more 
    than half of the cost for instituting an arbitration proceeding 
    that is brought under this section. In the decision, the arbitrator 
    may determine which party shall pay the cost or a portion of the 
    cost of the arbitration proceeding, including the cost of 
    instituting the proceeding.
        ``(6) Requests.--The carrier must not require the shipper to 
    agree to utilize arbitration prior to the time that a dispute 
    arises. If the dispute involves a claim for $1,000 or less and the 
    shipper requests arbitration, such arbitration shall be binding on 
    the parties. If the dispute involves a claim for more than $1,000 
    and the shipper requests arbitration, such arbitration shall be 
    binding on the parties only if the carrier agrees to arbitration.
        ``(7) Oral presentation of evidence.--The arbitrator may 
    provide for an oral presentation of a dispute concerning 
    transportation of household goods by a party to the dispute (or a 
    party's representative), but such oral presentation may be made 
    only if all parties to the dispute expressly agree to such 
    presentation and the date, time, and location of such presentation.
        ``(8) Deadline for decision.--The arbitrator must, as 
    expeditiously as possible but at least within 60 days of receipt of 
    written notification of the dispute, render a decision based on the 
    information gathered; except that, in any case in which a party to 
    the dispute fails to provide in a timely manner any information 
    concerning such dispute which the person settling the dispute may 
    reasonably require to resolve the dispute, the arbitrator may 
    ext
2000
end such 60-day period for a reasonable period of time. A 
    decision resolving a dispute may include any remedies appropriate 
    under the circumstances, including repair, replacement, refund, 
    reimbursement for expenses, and compensation for damages.
    ``(c) Limitation on Use of Materials.--Materials and information 
obtained in the course of a decision making process to settle a dispute 
by arbitration under this section may not be used to bring an action 
under section 14905.
    ``(d) Attorney's Fees to Shippers.--In any court action to resolve 
a dispute between a shipper of household goods and a carrier providing 
transportation or service subject to jurisdiction under subchapter I or 
III of chapter 135 concerning the transportation of household goods by 
such carrier, the shipper shall be awarded reasonable attorney's fees 
if--
        ``(1) the shipper submits a claim to the carrier within 120 
    days after the date the shipment is delivered or the date the 
    delivery is scheduled, whichever is later;
        ``(2) the shipper prevails in such court action; and
        ``(3)(A) a decision resolving the dispute was not rendered 
    through arbitration under this section within the period provided 
    under subsection (b)(8) of this section or an extension of such 
    period under such subsection; or
        ``(B) the court proceeding is to enforce a decision rendered 
    through arbitration under this section and is instituted after the 
    period for performance under such decision has elapsed.
    ``(e) Attorney's Fees to Carriers.--In any court action to resolve 
a dispute between a shipper of household goods and a carrier providing 
transportation, or service subject to jurisdiction under subchapter I 
or III of chapter 135 concerning the transportation of household goods 
by such carrier, such carrier may be awarded reasonable attorney's fees 
by the court only if the shipper brought such action in bad faith--
        ``(1) after resolution of such dispute through arbitration 
    under this section; or
        ``(2) after institution of an arbitration proceeding by the 
    shipper to resolve such dispute under this section but before--
            ``(A) the period provided under subsection (b)(8) for 
        resolution of such dispute (including, if applicable, an 
        extension of such period under such subsection) ends; and
            ``(B) a decision resolving such dispute is rendered.
    ``(f) Limitation of Applicability to Collect-on-Delivery 
Transportation.--The provisions of this section shall apply only in the 
case of collect-on-delivery transportation of household goods.
    ``(g) Review by Secretary.--Not later than 18 months after the 
effective date of this section, the Secretary shall complete a review 
of the dispute settlement program established under this section. If, 
after notice and opportunity for comment, the Secretary determines that 
changes are necessary to such program to ensure the fair and equitable 
resolution of disputes under this section, the Secretary shall 
implement such changes and transmit a report to Congress on such 
changes.

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

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

              ``CHAPTER 149--CIVIL AND CRIMINAL PENALTIES

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

``Sec. 14901. General civil penalties

    ``(a) Reporting and Recordkeeping.--A person required to make a 
report to the Secretary or the Board, answer a question, or make, 
prepare, or preserve a record under this part concerning transportation 
subject to jurisdiction under subchapter I or III of chapter 135 or 
transportation by a foreign carrier registered under section 13902, or 
an officer, agent, or employee of that person that--
        ``(1) does not make the report;
        ``(2) does not specifically, completely, and truthfully answer 
    the question;
        ``(3) does not make, prepare, or preserve the record in the 
    form and manner prescribed;
        ``(4) does not comply with section 13901; or
        ``(5) does not comply with section 13902(c);
is liable to the United States for a civil penalty of not less than 
$500 for each violation and for each additional day the violation 
continues; except that, in the case of a person who is not registered 
under this part to provide transportation of passengers, or an officer, 
agent, or employee of such person, that does not comply with section 
13901 with respect to providing transportation of passengers, the 
amount of the civil penalty shall not be less than $2,000 for each 
violation and for each additional day the violation continues.
    ``(b) Transportation of Hazardous Wastes.--A person subject to 
jurisdiction under subchapter I of chapter 135, or an officer, agent, 
or employee of that person, and who is required to comply with section 
13901 of this title but does not so comply with respect to the 
transportation of hazardous wastes as defined by the Environmental 
Protection Agency pursuant to section 3001 of the Solid Waste Disposal 
Act (but not including any waste the regulation of which under the 
Solid Waste Disposal Act has been suspended by Congress) shall be 
liable to the United States for a civil penalty not to exceed $20,000 
for each violation.
    ``(c) Factors To Consider in Determining Amount.--In determining 
and negotiating the amount of a civil penalty under subsection (a) or 
(d) concerning transportation of household goods, the degree of 
culpability, any history of prior such conduct, the degree of harm to 
shipper or shippers, ability to pay, the effect on ability to do 
business, whether the shipper has been adequately compensated before 
institution of the proceeding, and such other matters as fairness may 
require shall be taken into account.
    ``(d) Protection of Household Goods Shippers.--If a carrier 
providing transportation of household goods subject to jurisdiction 
under subchapter I or III of chapter 135 or a receiver or trustee of 
such carrier fails or refuses to comply with any regulation issued by 
the Secretary or the Board relating to protection of individual 
shippers, such carrier, receiver, or trustee is liable to the United 
States for a civil penalty of not less than $1,000for 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 unde
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r subchapter I or III 
    of chapter 135 which evidence the weight of a shipment; or
        ``(2) to charge for accessorial services which are not 
    performed or for which the carrier is not entitled to be 
    compensated in any case in which such services are not reasonably 
    necessary in the safe and adequate movement of the shipment;
is liable to the United States for a civil penalty of not less than 
$2,000 for each violation and of not less than $5,000 for each 
subsequent violation. Any State may bring a civil action in the United 
States district courts to compel a person to pay a civil penalty 
assessed under this subsection.
    ``(f) Venue.--Trial in a civil action under subsections (a) through 
(e) of this section is in the judicial district in which--
        ``(1) the carrier or broker has its principal office;
        ``(2) the carrier or broker was authorized to provide 
    transportation or service under this part when the violation 
    occurred;
        ``(3) the violation occurred; or
        ``(4) the offender is found.
Process in the action may be served in the judicial district of which 
the offender is an inhabitant or in which the offender may be found.
    ``(g) Business Entertainment Expenses.--
        ``(1) In general.--Any business entertainment expense incurred 
    by a water carrier providing transportation subject to this part 
    shall not constitute a violation of this part if that expense would 
    not be unlawful if incurred by a person not subject to this part.
        ``(2) Cost of service.--Any business entertainment expense 
    subject to paragraph (1) that is paid or incurred by a water 
    carrier providing transportation subject to this part shall not be 
    taken into account in determining the cost of service or the rate 
    base for purposes of section 13702.

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

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

``Sec. 14903. Tariff violations

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

``Sec. 14904. Additional rate violations

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

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

    ``(a) Civil Penalties.--Whoever knowingly authorizes, consents to, 
or permits a violation of subsection (a) or (b) of section 14103 or who 
knowingly violates subsection (a) of such section is liable to the 
United States for a civil penalty of not more than $10,000 for each 
violation.
    ``(b) Criminal Penalties.--Whoever knowingly violates section 
14103(b) of this title shall be fined under title 18 or imprisoned not 
more than 2 years, or both.

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

    ``A person, or an officer, employee, or agent of that person, that 
by any means tries to evade regulation provided under this part for 
carriers or brokers is liable to the United States for a civil penalty 
of $200 for the first violation and at least $250 for a subsequent 
violation.

``Sec. 14907. Recordkeeping and reporting violations

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

``Sec. 14908. Unlawful disclosure of information

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

``Sec. 14909. Disobedience to subpoenas

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

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

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

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

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

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

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

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

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

``Sec. 14914. Civil penalty procedures

    ``(a) In General.--After notice and an opportunity for a hearing, a 
person found by the Surface Transportation Board to have violated a 
provision of law that the Board carries out or a regulation prescribed 
under that law by the Board that is related to transportation which 
occurs under subchapter II of chapter 135 for which a civil penalty is 
provided, is liable to the United States for the civil penalty 
provided. The amount of the civil penalty shall be assessed by the 
Board by written notice. In determining the amount of the penalty, the 
Board shall consider the nature, circumstances, extent, and gravity of 
the prohibited acts committed and, with respect to the violator, the 
degree of culpability, any history of prior offenses, ability to pay, 
and other matters that justice requires.
    ``(b) Compromise.--The Board may compromise, modify, or remit, with 
or without consideration, a civil penalty until the assessment is 
referred to the Attorney General.
    ``(c) Collection.--If a person fails to pay an assessment of a 
civil penalty after it has become final, the Board may refer the matter 
to the Attorney General for collection in an appropriate district court 
of the United States.
    ``(d) Refunds.--The Board may refund or remit a civil penalty 
collected under this section if--
        ``(1) application has been made for refund or remission of the 
    penalty within 1 year from the date of payment; and
        ``(2) the Board finds that the penalty was unlawfully, 
    improperly, or excessively imposed.''.

SEC. 104. MISCELLANEOUS MOTOR CARRIER PROVISIONS.

    (a) Grants to States.--Section 31102(b)(1) of title 49, United 
States Code, is amended--
        (1) by striking ``and'' at the end of subparagraph (O);
        (2) by striking the period at the end of subparagraph (P) and 
    inserting in lieu thereof ``; and''; and
        (3) by adding at the end the following:
        ``(Q) ensures that the State will cooperate in the enforcement 
    of registration and financial responsibility requirements under 
    sections 31140 and 31146, or regulations issued thereunder.''
    (b) Transport Vehicles for Off-Road, Competition Vehicles.--Section 
31111(b)(1) of such title is amended--
        (1) by striking ``or'' at the end of subparagraph (C);
        (2) by striking the period at the end of subparagraph (D) and 
    inserting in lieu thereof a semicolon and ``or''; and
        (3) by adding at the end thereof the following:
        ``(E) imposes a limitation of less than 46 feet on the distance 
    from the kingpin to the center of the rear axle on trailers used 
    exclusively or primarily in connection with motorsports competition 
    events.''.
    (c) Multiple Insurers.--Section 31138(c) of such title is amended 
by adding at the end the following new paragraph:
    ``(3) A motor carrier may obtain the required amount of financial 
responsibility from more than one source provided the cumulative amount 
is equal to the minimum requirements of this section.''.
    (d) Minimum Financial Responsibility Requirements With Respect to 
Certain Transportation Service.--Section 31138(e) is amended--
        (1) by striking ``or'' at the end of paragraph (2);
        (2) by striking the period at the end of paragraph (3) and 
    inserting in lieu thereof ``; or''; and
        (3) by adding at the end the following:
        ``(4) providing transportation service within a transit service 
    area under an agreement with a Federal, State, or local government 
    funded, in whole or in part, with a grant under section 5307, 5310, 
    or 5311, including transportation designed and carried out to meet 
    the special needs of e
2000
lderly individuals and individuals with 
    disabilities; except that, in any case in which the transit service 
    area is located in more than 1 State, the minimum level of 
    financial responsibility for such motor vehicle will be at least 
    the highest level required for any of such States.''.
    (e) Transporters of Property.--Section 31139(e) of such title is 
amended by adding at the end the following:
    ``(3) A motor carrier may obtain the required amount of financial 
responsibility from more than one source provided the cumulative amount 
is equal to the minimum requirements of this section.''.
    (f) Commercial Motor Vehicle Defined.--Section 31132(1) of such 
title is amended--
        (1) by redesignating subparagraph (C) as subparagraph (D); and
        (2) by striking subparagraph (B) and inserting in lieu thereof 
    the following:
            ``(B) is designed or used to transport passengers for 
        compensation, but excluding vehicles providing taxicab service 
        and having a capacity of not more than 6 passengers and not 
        operated on a regular route or between specified places;
            ``(C) is designed or used to transport more than 15 
        passengers, including the driver, and is not used to transport 
        passengers for compensation; or''.
    (g) Safety Fitness of Owners and Operators.--Section 31144 of such 
title is amended--
        (1) in the first sentence of subsection (a) by striking ``In 
    cooperation with the Interstate Commerce Commission, the'' and 
    inserting in lieu thereof ``The'';
        (2) in such sentence by striking ``sections 10922 and 10923'' 
    and inserting in lieu thereof ``section 13902'';
        (3) in subsection (a)(1)(C) by striking ``and the Commission''; 
    and
        (4) by striking subsection (b) and inserting in lieu thereof 
    the following:
    ``(b) Findings and Action on Registrations.--The Secretary shall 
find that a person seeking to register as a motor carrier is unfit if 
such person does not meet the safety fitness requirements established 
under subsection (a) and shall not register such person.''.
    (h) Self-Insurance Rules.--The Secretary of Transportation shall 
continue to enforce the rules and regulations of the Interstate 
Commerce Commission, as in effect on July 1, 1995, governing the 
qualifications for approval of a motor carrier as a self-insurer, until 
such time as the Secretary finds it in the public interest to revise 
such rules. The revised rules must provide for--
        (1) continued ability of motor carriers to qualify as self-
    insurers; and
        (2) the continued qualification of all carriers then so 
    qualified under the terms and conditions set by the Interstate 
    Commerce Commission or Secretary at the time of qualification.
    SEC. 105. CREDITABILITY OF ANNUAL LEAVE FOR PURPOSES OF MEETING 
      MINIMUM ELIGIBILITY REQUIREMENTS FOR AN IMMEDIATE ANNUITY.
    (a) In General.--An employee of the Interstate Commerce Commission 
who is separated from Government service pursuant to the abolition of 
that agency under section 101 shall, upon appropriate written 
application, be given credit, for purposes of determining eligibility 
for and computing the amount of any annuity under subchapter III of 
chapter 83 or chapter 84 of title 5, United States Code, for accrued 
annual leave standing to such employee's credit at the time of 
separation.
    (b) Limitation and Other Conditions.--Any regulations necessary to 
carry out this section shall be prescribed by the Office of Personnel 
Management. Such regulations shall include provisions--
        (1) defining the types of leave for which credit may be given 
    under this section (such definition to be similar to the 
    corresponding provisions of the regulations under section 
    351.608(c)(2) of title 5 of the Code of Federal Regulations, as in 
    effect on the date of the enactment of this Act);
        (2) limiting the amount of accrued annual leave which may be 
    used for the purposes specified in subsection (a) to the minimum 
    period of time necessary in order to permit such employee to attain 
    first eligibility for an immediate annuity under section 8336, 
    8412, or 8414 of title 5, United States Code (in a manner similar 
    to the corresponding provisions of the regulations referred to in 
    paragraph (1));
        (3) under which contributions (or arrangements for the making 
    of contributions) shall be made so that--
            (A) employee contributions for any period of leave for 
        which retirement credit may be obtained under this section 
        shall be made by the employee; and
            (B) Government contributions with respect to such period 
        shall similarly be made by the Interstate Commerce Commission 
        or other appropriate officer or entity (out of appropriations 
        otherwise available for such contributions); and
        (4) under which subsection (a) shall not apply with respect to 
    an employee who declines a reasonable offer of employment in 
    another position in the Department of Transportation made under 
    this Act or any amendment made by this Act.
    (c) Extinguishment of Eligibility for Lump-Sum Payment.--A lump-sum 
payment under section 5551 of title 5, United States Code, shall not be 
payable with respect to any leave for which retirement credit is 
obtained under this section.

SEC. 106. PIPELINE CARRIER PROVISIONS.

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

                      ``PART C--PIPELINE CARRIERS

                   ``CHAPTER 151--GENERAL PROVISIONS

                    ``CHAPTER 151--GENERAL PROVISIONS

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

``Sec. 15101. Transportation policy

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

``Sec. 15102. Definitions

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

``Sec. 15103. Remedies as cumulat
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ive

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

                      ``CHAPTER 153--JURISDICTION

                       ``CHAPTER 153--JURISDICTION

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

``Sec. 15301. General pipeline jurisdiction

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

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

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

                          ``CHAPTER 155--RATES

``Sec.

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

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

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

``15504. Government traffic.

``15505. Prohibition against discrimination by pipeline carriers.

``15506. Facilities for interchange of traffic.

``Sec. 15501. Standards for pipeline rates, classifications, through 
      routes, rules, and practices
    ``(a) Reasonableness.--A rate, classification, rule, or practice 
related to transportation or service provided by a pipeline carrier 
subject to this part must be reasonable. A through route established by 
such a carrier must be reasonable.
    ``(b) Nondiscrimination.--A pipeline carrier providing 
transportation subject to this part may not discriminate in its rates 
against a connecting line of any other pipeline, rail, or water carrier 
providing transportation subject to this subtitle or unreasonably 
discriminate against that line in the distribution of traffic that is 
not routed specifically by the shipper.

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

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

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

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

``Sec. 15504. Government traffic

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

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

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

``Sec. 15506. Facilities for interchange of traffic

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

                 ``CHAPTER 157--OPERATIONS OF CARRIERS

                  ``CHAPTER 157--OPERATIONS OF CARRIERS

      
2000
            ``Subchapter A--General Requirements

``Sec.
``15701. Providing transportation and service.

                 ``Subchapter B--Operations of Carriers

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

                  ``Subchapter A--General Requirements

``Sec. 15701. Providing transportation and service

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

                 ``Subchapter B--Operations of Carriers

``Sec. 15721. Definitions

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

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

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

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

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

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

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

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

``Sec. 15901. General authority

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

``Sec. 15902. Enforcement by the Board

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

``Sec. 15903. Enforcement by the Attorney General

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

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

    ``(a) Enforcement of Orders.--A person injured because a pipeline 
carrier providing transportation or service subject to this part does 
not obey an order of the Board, except an order for the payment of 
money, may bring a civil action to enforce that order under this 
subsection.
    ``(b) Liability of Carrier.--
        ``(1) Excessive charges.--A pipeline carrier providing 
    transportation subject to this part is liable to a person for 
    amounts charged that exceed the applicable rate for the 
    transportation.
        ``(2) Damages.--A pipeline carrier providing transportation 
    subject to this part is liable for damages sustained by a person as 
    a result of an act or omission of that carrier in violation of this 
    
2000
part.
    ``(c) Complaints.--
        ``(1) Filing.--A person may file a complaint with the Board 
    under section 11501(b) or bring a civil action under subsection (b) 
    to enforce liability against a pipeline carrier providing 
    transportation subject to this part.
        ``(2) Payment deadline.--When the Board makes an award under 
    subsection (b), the Board shall order the carrier to pay the amount 
    awarded by a specific date. The Board may order a carrier providing 
    transportation subject to this part to pay damages only when the 
    proceeding is on complaint. The person for whose benefit an order 
    of the Board requiring the payment of money is made may bring a 
    civil action to enforce that order under this paragraph if the 
    carrier does not pay the amount awarded by the date payment was 
    ordered to be made.
    ``(d) Civil Actions.--
        ``(1) Complaint.--When a person begins a civil action under 
    subsection (b) to enforce an order of the Board requiring the 
    payment of damages by a pipeline carrier providing transportation 
    subject to this part, the text of the order of the Board must be 
    included in the complaint. In addition to the district courts of 
    the United States, a State court of general jurisdiction having 
    jurisdiction of the parties has jurisdiction to enforce an order 
    under this paragraph. The findings and order of the Board are 
    competent evidence of the facts stated in them. Trial in a civil 
    action brought in a district court of the United States under this 
    paragraph is in the judicial district in which the plaintiff 
    resides or in which the principal operating office of the carrier 
    is located. In a civil action under this paragraph, the plaintiff 
    is liable for only those costs that accrue on an appeal taken by 
    the plaintiff.
        ``(2) Attorney's fees.--The district court shall award a 
    reasonable attorney's fee as a part of the damages for which a 
    carrier is found liable under this subsection. The district court 
    shall tax and collect that fee as a part of the costs of the 
    action.

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

    ``(a) In General.--A pipeline carrier providing transportation or 
service subject to this part must begin a civil action to recover 
charges for transportation or service provided by the carrier within 3 
years after the claim accrues.
    ``(b) Overcharges.--A person must begin a civil action to recover 
overcharges under section 15904(b)(1) within 3 years after the claim 
accrues. If an election to file a complaint with the Board is made 
under section 15904(c)(1), the complaint must be filed within 3 years 
after the claim accrues.
    ``(c) Damages.--A person must file a complaint with the Board to 
recover damages under section 15904(b)(2) within 2 years after the 
claim accrues.
    ``(d) Extensions.--The limitation periods under subsection (b) are 
extended for 6 months from the time written notice is given to the 
claimant by the carrier of disallowance of any part of the claim 
specified in the notice if a written claim is given to the carrier 
within those limitation periods. The limitation periods under 
subsection (b) and the 2-year period under subsection (c) are extended 
for 90 days from the time the carrier begins a civil action under 
subsection (a) to recover charges related to the same transportation or 
service, or collects (without beginning a civil action under that 
subsection) the charge for that transportation or service if that 
action is begun or collection is made within the appropriate period.
    ``(e) Payment.--A person must begin a civil action to enforce an 
order of the Board against a carrier for the payment of money within 
one year after the date the order required the money to be paid.
    ``(f) Government Transportation.--This section applies to 
transportation for the United States Government. The time limitations 
under this section are extended, as related to transportation for or on 
behalf of the United States Government, for 3 years from the date of--
        ``(1) payment of the rate for the transportation or service 
    involved,
        ``(2) subsequent refund for overpayment of that rate, or
        ``(3) deduction made under section 3726 of title 31,
whichever is later.
    ``(g) Accrual Date.--A claim related to a shipment of property 
accrues under this section on delivery or tender of delivery by the 
carrier.

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

    ``(a) General Liability.--A pipeline carrier providing 
transportation or service subject to this part shall issue a receipt or 
bill of lading for property it receives for transportation under this 
part. That carrier and any other carrier that delivers the property and 
is providing transportation or service subject to jurisdiction under 
this part are liable to the person entitled to recover under the 
receipt or bill of lading. The liability imposed under this subsection 
is for the actual loss or injury to the property caused by the carrier 
over whose line or route the property is transported in the United 
States or from a place in the United States to a place in an adjacent 
foreign country when transported under a through bill of lading. 
Failure to issue a receipt or bill of lading does not affect the 
liability of a carrier.
    ``(b) Apportionment.--The carrier issuing the receipt or bill of 
lading under subsection (a) or delivering the property for which the 
receipt or bill of lading was issued is entitled to recover from the 
carrier over whose line or route the loss or injury occurred the amount 
required to be paid to the owners of the property, as evidenced by a 
receipt, judgment, or transcript, and the amount of its expenses 
reasonably incurred in defending a civil action brought by that person.
    ``(c) Civil Actions.--A civil action under this section may be 
brought against a delivering carrier in a district court of the United 
States or in a State court. Trial, if the action is brought in a 
district court of the United States is in a judicial district, and if 
in a State court, is in a State, through which the defendant carrier 
operates a line or route.
    ``(d) Minimum Period for Filing Claims.--A pipeline carrier may not 
provide by rule, contract, or otherwise, a period of less than 9 months 
for filing a claim against it under this section and a period of less 
than 2 years for bringing a civil action against it under this section. 
The period for bringing a civil action is computed from the date the 
carrier gives a person written notice that the carrier has disallowed 
any part of the claim specified in the notice. For the purposes of this 
subsection--
        ``(1) an offer of compromise shall not constitute a 
    disallowance of any part of the claim unless the carrier, in 
    writing, informs the claimant that such part of the claim is 
    disallowed and provides reasons for such disallowance; and
        ``(2) communications received from a carrier's insurer shall 
    not constitute a disallowance of any part of the claim unless the 
    insurer, in writing, informs the claimant that such part of the 
    claim is disallowed, provides reasons for such disallowance, and 
    informs the claimant that the insurer is acting on behalf of the 
    carrier.

              ``CHAPTER 161--CIVIL AND CRIMINAL PENALTIES

               ``CHAPTER 161--CIVIL AND CRIMINAL PENALTIES

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

``Sec. 16101. General civil penalties

    ``(a) General.--Except as otherwise provided in this section, a 
pipeline carrier providing transportation subject to this part, an 
officer or agent of that carrier, or a receiver, trustee, lessee, or
2000
 
agent of one of them, knowingly violating this part or an order of the 
Board under this part is liable to the United States for a civil 
penalty of not more than $5,000 for each violation. Liability under 
this subsection is incurred for each distinct violation. A separate 
violation occurs for each day the violation continues.
    ``(b) Recordkeeping and Reporting.--
        ``(1) Records.--A person required under chapter 157 to make, 
    prepare, preserve, or submit to the Board a record concerning 
    transportation subject to this part that does not make, prepare, 
    preserve, or submit that record as required under that chapter, is 
    liable to the United States for a civil penalty of $500 for each 
    violation.
        ``(2) Inspection.--A carrier providing transportation subject 
    to this part, and a lessor, receiver, or trustee of that carrier, 
    violating section 15722, is liable to the United States for a civil 
    penalty of $100 for each violation.
        ``(3) Reports.--A carrier providing transportation subject to 
    the jurisdiction of the Board under this part, a lessor, receiver, 
    or trustee of that carrier, and an officer, agent, or employee of 
    one of them, required to make a report to the Board or answer a 
    question that does not make the report or does not specifically, 
    completely, and truthfully answer the question, is liable to the 
    United States for a civil penalty of $100 for each violation.
        ``(4) Continued violation.--A separate violation occurs for 
    each day violation under this subsection continues.
    ``(d) Venue.--Trial in a civil action under this section is in the 
judicial district in which the carrier has its principal operating 
office.

``Sec. 16102. Recordkeeping and reporting violations

    ``A person required to make a report to the Board, or make, 
prepare, or preserve a record, under chapter 157 about transportation 
subject to this part that knowingly and willfully--
        ``(1) makes a false entry in the report or record,
        ``(2) destroys, mutilates, changes, or by another means 
    falsifies the record,
        ``(3) does not enter business related facts and transactions in 
    the record,
        ``(4) makes, prepares, or preserves the record in violation of 
    a regulation or order of the Board, or
        ``(5) files a false report or record with the Board,
shall be fined under title 18 or imprisoned not more than 2 years, or 
both.

``Sec. 16103. Unlawful disclosure of information

    ``(a) General Prohibition.--A pipeline carrier providing 
transportation subject to this part, or an officer, agent, or employee 
of that carrier, or another person authorized to receive information 
from that carrier, that knowingly discloses to another person, except 
the shipper or consignee, or a person who solicits or knowingly 
receives information about the nature, kind, quantity, destination, 
consignee, or routing of property tendered or delivered to that carrier 
for transportation provided under this part without the consent of the 
shipper or consignee, if that information may be used to the detriment 
of the shipper or consignee or may disclose improperly, to a competitor 
the business transactions of the shipper or consignee, is liable to the 
United States for a civil penalty of not more than $1,000.
    ``(b) Limitation on Statutory Construction.--This part does not 
prevent a pipeline carrier providing transportation under this part 
from giving information--
        ``(1) in response to legal process issued under authority of a 
    court of the United States or a State;
        ``(2) to an officer, employee, or agent of the United States 
    Government, a State, or a territory or possession of the United 
    States; or
        ``(3) to another carrier or its agent to adjust mutual traffic 
    accounts in the ordinary course of business.
    ``(c) Board Employee.--An employee of the Board delegated to make 
an inspection or examination under section 15722 who knowingly 
discloses information acquired during that inspection or examination, 
except as directed by the Board, a court, or a judge of that court, 
shall be fined under title 18 or imprisoned for not more than 6 months, 
or both.

``Sec. 16104. Disobedience to subpenas

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

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

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

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

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

                 TITLE II--SURFACE TRANSPORTATION BOARD

SEC. 201. TITLE 49 AMENDMENT.

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

               ``CHAPTER 7--SURFACE TRANSPORTATION BOARD

                      ``SUBCHAPTER I--ESTABLISHMENT

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

                     ``SUBCHAPTER II--ADMINISTRATIVE

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

                     ``SUBCHAPTER I--ESTABLISHMENT

``Sec. 701. Establishment of Board

    ``(a) Establishment.--There is hereby established within the 
Department of Transportation the Surface Transportation Board.
    ``(b) Membership.--(1) The Board shall consist of 3 members, to be 
appointed by the President, by and withthe advice and consent of the 
Senate. Not more than 2 members may be appointed from the same 
political party.
    ``(2) At any given time, at least 2 members of the Board shall be 
individuals with professional standing and demonstrated knowledge in 
the fields of transportation or transportation regulation, and at least 
one member shall be an individual with professional or business 
experience (including agriculture) in the private sector.
    ``(3) The term of each member of the Board shall be 5 years and 
shall begin when the term of the predecessor of that member ends. An 
individual appointed to fill a
2000
 vacancy occurring before the expiration 
of the term for which the predecessor of that individual was appointed, 
shall be appointed for the remainder of that term. When the term of 
office of a member ends, the member may continue to serve until a 
successor is appointed and qualified, but for a period not to exceed 
one year. The President may remove a member for inefficiency, neglect 
of duty, or malfeasance in office.
    ``(4) On the effective date of this section, the members of the 
Interstate Commerce Commission serving unexpired terms on the date of 
the enactment of the ICC Termination Act of 1995 shall become members 
of the Board, to serve for a period of time equal to the remainder of 
the term for which they were originally appointed to the Interstate 
Commerce Commission. Any member of the Interstate Commerce Commission 
whose term expires on December 31, 1995, shall become a member of the 
Board, subject to paragraph (3).
    ``(5) No individual may serve as a member of the Board for more 
than 2 terms. In the case of an individual who becomes a member of the 
Board pursuant to paragraph (4), or an individual appointed to fill a 
vacancy occurring before the expiration of the term for which the 
predecessor of that individual was appointed, such individual may not 
be appointed for more than one additional term.
    ``(6) A member of the Board may not have a pecuniary interest in, 
hold an official relation to, or own stock in or bonds of, a carrier 
providing transportation by any mode and may not engage in another 
business, vocation, or employment.
    ``(7) A vacancy in the membership of the Board does not impair the 
right of the remaining members to exercise all of the powers of the 
Board. The Board may designate a member to act as Chairman during any 
period in which there is no Chairman designated by the President.
    ``(c) Chairman.--(1) There shall be at the head of the Board a 
Chairman, who shall be designated by the President from among the 
members of the Board. The Chairman shall receive compensation at the 
rate prescribed for level III of the Executive Schedule under section 
5314 of title 5.
    ``(2) Subject to the general policies, decisions, findings, and 
determinations of the Board, the Chairman shall be responsible for 
administering the Board. The Chairman may delegate the powers granted 
under this paragraph to an officer, employee, or office of the Board. 
The Chairman shall--
        ``(A) appoint and supervise, other than regular and full-time 
    employees in the immediate offices of another member, the officers 
    and employees of the Board, including attorneys to provide legal 
    aid and service to the Board and its members, and to represent the 
    Board in any case in court;
        ``(B) appoint the heads of offices with the approval of the 
    Board;
        ``(C) distribute Board business among officers and employees 
    and offices of the Board;
        ``(D) prepare requests for appropriations for the Board and 
    submit those requests to the President and Congress with the prior 
    approval of the Board; and
        ``(E) supervise the expenditure of funds allocated by the Board 
    for major programs and purposes.

``Sec. 702. Functions

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

``Sec. 703. Administrative provisions

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

``Sec. 704. Annual report

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

``Sec. 705. Authorization of appropriations

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

``Sec. 706. Reporting official action

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

                    ``SUBCHAPTER II--ADMINISTRATIVE

``Sec. 721. Powers

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

``Sec. 722. Board action

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

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

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

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

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

``Sec. 725. Administrative support

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

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

    ``(a) Establishment; Membership.--There is established the 
Railroad-Shipper Transportation Advisory Council (in this section 
referred to as the `Council') to be composed of 19 members, of which 15 
members shall be appointed by the Chairman of the Board, after 
recommendation from rail carriers and shippers, within 60 days after 
the date of enactment of the ICC Termination Act of 1995. The members 
of the Council shall be appointed as follows:
        ``(1) The members of the Council shall be appointed from among 
    citizens of the United States who are not regular full-time 
    employees of the United States and shall be selected for 
    appointment so as to provide as nearly as practicable a broad 
    representation of the various segments of the railroad and rail 
    shipper industries.
        ``(2) Nine of the members shall be appointed from senior 
    executive officers of organizations engaged in the railroad and 
    rail shipping industries, which 9
2000
 members shall be the voting 
    members of the Council. Council action and Council positions shall 
    be determined by a majority vote of the members present. A majority 
    of such voting members shall constitute a quorum. Of such 9 voting 
    members--
            ``(A) at least 4 shall be representative of small shippers 
        (as determined by the Chairman); and
            ``(B) at least 4 shall be representative of Class II or III 
        railroads.
        ``(3) The remaining 6 members of the Council shall serve in a 
    nonvoting advisory capacity only, but shall be entitled to 
    participate in Council deliberations. Of the remaining members--
            ``(A) 3 shall be representative of Class I railroads; and
            ``(B) 3 shall be representative of large shipper 
        organizations (as determined by the Chairman).
        ``(4) The Secretary of Transportation and the members of the 
    Board shall serve as ex officio, nonvoting members of the Council. 
    The Council shall not be subject to the Federal Advisory Committee 
    Act. A list of the members appointed to the Council shall be 
    forwarded to the Chairmen and ranking members of the Committee on 
    Commerce, Science, and Transportation of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives.
        ``(5) Each ex officio member of the Council may designate an 
    alternate, who shall serve as a member of the Council whenever the 
    ex officio member is unable to attend a meeting of the Council. Any 
    such designated alternate shall be selected from individuals who 
    exercise significant decision-making authority in the Federal 
    agency involved.
    ``(b) Term of Office.--The members of the Council shall be 
appointed for a term of office of 3 years, except that of the members 
first appointed--
        ``(1) 5 members shall be appointed for terms of 1 year; and
        ``(2) 5 members shall be appointed for terms of 2 years,
as designated by the Chairman at the time of appointment. Any member 
appointed to fill a vacancy occurring before the expiration of the term 
for which the member's predecessor was appointed shall be appointed 
only for the remainder of such term. A member may serve after the 
expiration of his term until his successor has taken office. Vacancies 
on the Council shall be filled in the same manner in which the original 
appointments were made. No member of the Council shall be eligible to 
serve in excess of two consecutive terms.
    ``(c) Election and Duties of Officers.--The Council Chairman and 
Vice Chairman and other appropriate officers of the Council shall be 
elected by and from the voting members of the Council. The Council 
Chairman shall serve as the Council's executive officer and shall 
direct the administration of the Council, assign officer and committee 
duties, and shall be responsible for issuing and communicating the 
reports, policy positions and statements of the Council. In the event 
that the Council Chairman is unable to serve, the Vice Chairman shall 
act as Council Chairman.
    ``(d) Expenses.--(1) The members of the Council shall receive no 
compensation for their services as such, but upon request by the 
Council Chairman, based on a showing of significant economic burden, 
the Secretary of Transportation or the Chairman of the Board, to the 
extent provided in advance in appropriation Acts, may provide 
reasonable and necessary travel expenses for such individual Council 
members from Department or Board funding sources in order to foster 
balanced representation on the Council.
    ``(2) Upon request by the Council Chairman, the Secretary or 
Chairman of the Board, to the extent provided in advance in 
appropriations Acts, may pay the reasonable and necessary expenses 
incurred by the Council in connection with the coordination of Council 
activities, announcement and reporting of meetings, and preparation of 
such Council documents as are required or permitted by this section.
    ``(3) The Council may solicit and use private funding for its 
activities, subject to this subsection.
    ``(4) Prior to making any Federal funding requests, the Council 
Chairman shall undertake best efforts to fund such activities privately 
unless the Council Chairman determines that such private funding would 
create a conflict of interest, or the appearance thereof, or is 
otherwise impractical. The Council Chairman shall not request funding 
from any Federal agency without providing written justification as to 
why private funding would create any such conflict or appearance, or is 
otherwise impractical.
    ``(5) To enable the Council to carry out its functions--
        ``(A) the Council Chairman may request directly from any 
    Federal agency such personnel, information, services, or 
    facilities, on a compensated or uncompensated basis, as the Council 
    Chairman determines necessary to carry out the functions of the 
    Council;
        ``(B) each Federal agency may, in its discretion, furnish the 
    Council with such information, services,and facilities as the 
Council Chairman may request to the extent permitted by law and within 
the limits of available funds; and
        ``(C) each Federal agency may, in its discretion, detail to 
    temporary duty with the Council, such personnel as the Council 
    Chairman may request for carrying out the functions of the Council, 
    each such detail to be without loss of seniority, pay, or other 
    employee status.
    ``(e) Meetings.--The Council shall meet at least semi-annually and 
shall hold other meetings at the call of the Council Chairman. 
Appropriate Federal facilities, where available, may be used for such 
meetings. Whenever the Council, or a committee of the Council, 
considers matters that affect the jurisdictional interests of Federal 
agencies that are not represented on the Council, the Council Chairman 
may invite the heads of such agencies, or their designees, to 
participate in the deliberations of the Council.
    ``(f) Functions and Duties; Annual Report.--(1) The Council shall 
advise the Secretary, the Chairman, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Committee on Transportation 
and Infrastructure of the House of Representatives with respect to rail 
transportation policy issues it considers significant, with particular 
attention to issues of importance to small shippers and small 
railroads, including car supply, rates, competition, and effective 
procedures for addressing legitimate shipper and other claims.
    ``(2) To the extent the Council addresses specific grain car 
issues, it shall coordinate such activities with the National Grain Car 
Council. The Secretary and Chairman shall cooperate with the Council to 
provide research, technical and other reasonable support in developing 
any reports and policy statements required or authorized by this 
subsection.
    ``(3) The Council shall endeavor to develop within the private 
sector mechanisms to prevent, or identify and effectively address, 
obstacles to the most effective and efficient transportation system 
practicable.
    ``(4) The Council shall prepare an annual report concerning its 
activities and the results of Council efforts to resolve industry 
issues, and propose whatever regulatory or legislative relief it 
considers appropriate. The Council shall include in the annual report 
such recommendations as it considers appropriate with respect to the 
performance of the Secretary and Chairman under this chapter, and with 
respect to the operation and effectiveness of meetings and industry 
developments relating to the Council's efforts, and such other 
information as it considers appropriate. Such annual reports shall be 
reviewed by the Secretary and Chairman, and shall include the 
Secretary's and Chairman's views or comments relating to--
        ``(A) the accuracy of information therein;
        ``(B) Council efforts and reasonableness of Council positions 
    and actions; and
        ``(C) any other aspects of the Council's work as they may
2000
 
    consider appropriate.
The Council may prepare other reports or develop policy statements as 
the Council considers appropriate. An annual report shall be submitted 
for each fiscal year and shall be submitted to the Secretary and 
Chairman within 90 days after the end of the fiscal year. Other such 
reports and statements may be submitted as the Council considers 
appropriate.

``Sec. 727. Definitions

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

SURFACE TRANSPORTATION BOARD......................................701''.

SEC. 202. REORGANIZATION.

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

SEC. 203. TRANSFER OF ASSETS AND PERSONNEL.

    (a) To Board.--Except as otherwise provided in this Act and the 
amendments made by this Act, those personnel, property, and records 
employed, used, held, available, or to be made available in connection 
with a function transferred to the Board by this Act shall be 
transferred to the Board for use in connection with the functions 
transferred, and unexpended balances of appropriations, allocations, 
and other funds of the Interstate Commerce Commission shall also be 
transferred to the Board. Such unexpended balances, allocations, and 
other funds, together with any unobligated balances from user fees 
collected by the Commission during fiscal year 1996, may be used to pay 
for the closedown of the Commission and severance costs for Commission 
personnel, regardless of whether those costs are incurred at the 
Commission or at the Board.
    (b) To Secretary.--Except as otherwise provided in this Act and the 
amendments made by this Act, those personnel, property, and records 
employed, used, held, available, or to be made available in connection 
with a function transferred to the Secretary by this Act shall be 
transferred to the Secretary for use in connection with the functions 
transferred.
    (c) Separated Employees.--Notwithstanding all other laws and 
regulations, the Department of Transportation shall place all 
Interstate Commerce Commission employees separated from the Commission 
as a result of this Act on the DOT reemployment priority list 
(competitive service) or the priority employment list (excepted 
service).

SEC. 204. SAVING PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
certificates, licenses, and privileges--
        (1) that have been issued, made, granted, or allowed to become 
    effective by the Interstate Commerce Commission, any officer or 
    employee of the Interstate Commerce Commission, or any other 
    Government official, or by a court of competent jurisdiction, in 
    the performance of any function that is transferred by this Act or 
    the amendments made by this Act; and
        (2) that are in effect on the effective date of such transfer 
    (or become effective after such date pursuant to their terms as in 
    effect on such effective date),
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the Board, any other authorized official, a court of competent 
jurisdiction, or operation of law. The Board shall promptly rescind all 
regulations established by the Interstate Commerce Commission that are 
based on provisions of law repealed and not substantively reenacted by 
this Act.
    (b) Proceedings.--(1) The provisions of this Act shall not affect 
any proceedings or any application for any license pending before the 
Interstate Commerce Commission at the time this Act takes effect, 
insofar as those functions are retained and transferred by this Act; 
but such proceedings and applications, to the extent that they relate 
to functions so transferred, shall be continued. Orders shall be issued 
in such proceedings, appeals shall be taken therefrom, and payments 
shall be made pursuant to such orders, as if this Act had not been 
enacted; and orders issued in any such proceedings shall continue in 
effect until modified, terminated, superseded, or revoked by a duly 
authorized official, by a court of competent jurisdiction, or by 
operation of law. Nothing in this subsection shall be deemed to 
prohibit the discontinuance or modification of any such proceeding 
under the same terms and conditions and to the same extent that such 
proceeding could have been discontinued or modified if this Act had not 
been enacted.
    (2) The Board and the Secretary are authorized to provide for the 
orderly transfer of pending proceedings from the Interstate Commerce 
Commission.
    (3)(A) Except as provided in subparagraphs (B) and (C), in the case 
of a proceeding under a provision of law repeal, and not reenacted, by 
this Act such proceeding shall be terminated.
    (B) Any proceeding involving a pipeline carrier under subtitle IV 
of title 49, United States Code, shall be continued to be heard by the 
Board under such subtitle, as in effect on the day before the effective 
date of this section, until completion of such proceeding.
    (C) Any proceeding involving the merger of a motor carrier property 
under subtitle IV of title 49, United States Code, shall continue to be 
heard by the Board under such subtitle, as in effect on the day before 
the effective date of this section, until completion of such 
proceeding.
    (4) Any proceeding with respect to any tariff, rate charge, 
classification, rule, regulation, or service that was pending under the 
Intercoastal Shipping Act, 1933 or the Shipping Act, 1916 before the 
Federal Maritime Commission on November 1, 1995, shall continue to be 
heard until completion or issuance of a final order thereon under all 
applicable laws in effect as of November 1, 1995.
    (c) Suits.--(1) This Act shall not affect suits commenced before 
the date of the enactment of this Act, except as provided in paragraphs 
(2) and (3). In all such suits, proceeding shall be had, appeals taken, 
and judgments rendered in the same manner and with the same effect as 
if this Act had not been enacted.
    (2) Any suit by or against the Interstate Commerce Commission begun 
before the effective date of this Act shall be continued, insofar as it 
involves a function retained and transferred under this Act, with the 
Board (to the extent the suit involves functions transferred to the 
Board under this Act) or the Secretary (to the extent the suit involves 
functions transferred to the Secretary under this Act) substituted for 
the Commission.
    (3) If the court in a suit described in paragraph (1) remands a 
case to the Board or the Secretary, subsequentproceedings related to 
such case shall proceed in accordance with applicable law and 
regulations as in effect at the time of such subsequent proceedings.
    (d) Continuance of Actions Against Officers.--No suit, action, or 
other proceeding commenced by or against any officer in his official 
capacity as an officer of the Interstate Commerce Commission shall 
abate by reason of the enactment of this Act. No cause of action by or 
against the Interstate Commerce Commission, or by or against any 
officer thereof in his official capacity, shall abate by reason of 
enactment of this Act.
    (e) Exercise of Authorities.--Except as otherwise provided by law, 
an officer or employee of the Board may, for purposes of performing a 
function transferred by this Act or the amendments made by this Act, 
exercise all autho
2000
rities under any other provision of law that were 
available with respect to the performance of that function to the 
official responsible for the performance of the function immediately 
before the effective date of the transfer of the function under this 
Act or the amendments made by this Act.

SEC. 205. REFERENCES.

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

                    TITLE III--CONFORMING AMENDMENTS
              Subtitle A--Amendments to United States Code

SEC. 301. TITLE 5 AMENDMENTS.

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

SEC. 302. TITLE 11 AMENDMENTS.

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

``Sec. 1162. Definition

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

SEC. 303. TITLE 18 AMENDMENTS.

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

SEC. 304. INTERNAL REVENUE CODE OF 1986 AMENDMENTS.

    (a) Section 168.--Section 168(g)(4)(B)(i) of the Internal Revenue 
Code of 1986 is amended by striking ``domestic railroad corporation 
providing transportation subject to subchapter I of chapter 105'' and 
inserting in lieu thereof ``rail carrier subject to part A of subtitle 
IV''.
    (b) Section 281.--Subparagraphs (A) and (B) of section 281(d)(1) of 
such Code are each amended by striking ``domestic railroad corporations 
providing transportation subject to subchapter I of chapter 105'' and 
inserting in lieu thereof ``rail carriers subject to part A of subtitle 
IV''.
    (c) Section 354.--Section 354(c) of such Code is amended by 
striking ``or approved by the Interstate Commerce Commission under 
subchapter IV of chapter 113 of title 49,''.
    (d) Section 3231.--Section 3231 of such Code is amended--
        (1) in subsection (a) by striking ``Interstate Commerce 
    Commission'' and inserting in lieu thereof ``Surface Transportation 
    Board''; and
        (2) in subsection (g) by striking ``an express carrier, 
    sleeping car carrier, or rail carrier providing transportation 
    subject to subchapter I of chapter 105'' and inserting in lieu 
    thereof ``a rail carrier subject to part A of subtitle IV''.
    (e) Section 7701.--Section 7701(a) of such Code is amended--
        (1) in paragraph (33)(B) by striking ``Federal Power 
    Commission'' and inserting in lieu thereof ``Federal Energy 
    Regulatory Commission'';
        (2) in paragraph (33)(C)(i) by striking ``Interstate Commerce 
    Commission'' and inserting in lieu thereof ``Surface Transportation 
    Board'';
        (3) in paragraph (33)(C)(ii) by striking ``Interstate Commerce 
    Commission'' and inserting in lieu thereof ``Federal Energy 
    Regulatory Commission'';
        (4) in paragraph (33)(F) by striking ``common carrier'' and all 
    that follows through ``1933'' and inserting in lieu thereof ``a 
    water carrier subject to jurisdiction under subchapter II of 
    chapter 135 of title 49'';
        (5) in paragraph (33)(G) by striking ``railroad corporation 
    subject to subchapter I of chapter 105'' and inserting in lieu 
    thereof ``rail carrier subject to part A of subtitle IV''; and
        (6) in paragraph (33)(H) by striking ``subchapter I of chapter 
    105'' and inserting in lieu thereof ``part A of subtitle IV''.

SEC. 305. TITLE 28 AMENDMENTS.

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

SEC. 306. TITLE 31 AMENDMENTS.

    Section 3726(b) of title 31, United States Code, is amended--
        (1) in paragraph (1) by striking ``on file with the Interstate 
    Commerce Commission,'' and inserting in lieu thereof ``under title 
    49 or on file with'';
        (2) in paragr
2000
aph (1) by striking ``or'' at the end;
        (3) by redesignating paragraph (2) as paragraph (3);
        (4) by inserting after paragraph (1) the following new 
    paragraph:
        ``(2) a lawfully quoted rate subject to the jurisdiction of the 
    Surface Transportation Board; or''; and
        (5) in paragraph (3), as redesignated by paragraph (4) of this 
    section, by striking ``sections 10721-10724'' and inserting in lieu 
    thereof ``sections 10721, 13712, and 15504''.

SEC. 307. TITLE 39 AMENDMENTS.

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

SEC. 308. TITLE 49 AMENDMENTS.

    (a) Section 302.--Section 302(a) of title 49, United States Code, 
is amended by striking ``10101a'' and inserting in lieu thereof 
``13101''.
    (b) Section 333.--Section 333 of such title is amended--
        (1) in subsection (c)(2) by striking ``11910(a)(1)'' and 
    inserting in lieu thereof ``11904''; and
        (2) in subsection (e)--
            (A) by striking ``11343(a)'' and inserting in lieu thereof 
        ``11323(a)''; and
            (B) by striking ``11344(b)'' and inserting in lieu thereof 
        ``11324(b)''.
    (c) Chapter 5.--Subchapter I of chapter 5 of such title is 
amended--
        (1) by striking ``DUTIES'' the first place it appears in the 
    subchapter heading; and
        (2) in section 501(a)(1) by striking ``section 10102'' and 
    inserting in lieu thereof ``sections 10102 and 13102''.
    (d) Section 5102.--Section 5102(7) of such title is amended--
        (1) by striking ``common'';
        (2) by striking ``motor contract carrier,''; and
        (3) by striking ``10102'' and inserting in lieu thereof 
    ``13102''.
    (e) Section 5333.--Section 5333(b)(3) of such title is amended by 
striking ``11347'' and inserting in lieu thereof ``11326''.
    (f) Chapter 221.--Chapter 221 of such title is amended--
        (1) in section 22101(a) by striking ``subchapter I of chapter 
    105'' and inserting in lieu thereof ``part A of subtitle IV'';
        (2) in section 22101(a)(1) by striking ``Interstate Commerce 
    Commission'' and inserting in lieu thereof ``Surface Transportation 
    Board'';
        (3) in section 22103(b)(1) by striking ``Interstate Commerce 
    Commission'' and inserting in lieu thereof ``Surface Transportation 
    Board'';
        (4) in section 22107(c)--
            (A) by striking ``Interstate Commerce Commission'' and 
        inserting in lieu thereof ``Surface Transportation Board''; and
            (B) by striking ``Commission'' the second place it appears 
        and inserting in lieu thereof ``Board''; and
        (5) in section 22107(d) by striking ``subchapter I of chapter 
    105'' and inserting in lieu thereof ``part A of subtitle IV''.
    (g) Section 24301.--Section 24301 of such title is amended--
        (1) in subsection (c)--
            (A) by striking ``Subtitle IV'' in paragraph (1) and 
        inserting in lieu thereof ``Part A of subtitle IV'';
            (B) by striking ``sections 10721-10724 of this title 
        apply'' in paragraph (2)(A) and inserting in lieu thereof 
        ``section 10721 of this title applies''; and
            (C) by striking ``Interstate Commerce Commission under any 
        provision of subtitle IV of this title applicable to a carrier 
        subject to subchapter I of chapter 105'' in paragraph (2)(B) 
        and inserting in lieu thereof ``Surface Transportation Board 
        under part A of subtitle IV''; and
        (2) in subsection (d) by striking ``common carrier subject to 
    subchapter I of chapter 105'' and inserting in lieu thereof ``rail 
    carrier subject to part A of subtitle IV''.
    (h) Section 24501.--Section 24501(b) of such title is amended by 
striking ``subchapter I of chapter 105'' and inserting in lieu thereof 
``part A of subtitle IV''.
    (i) Section 24705.--Section 24705 of such title is amended by 
striking subsection (d).
    (j) Sections 30103 and 30166.--Sections 30103(a) and 30106(d) of 
such title are each amended by striking ``subchapter II of chapter 
105'' each place it appears and inserting in lieu thereof ``subchapter 
I of chapter 135''.
    (k) Chapter 315.--Chapter 315 of such title is amended--
        (1) in section 31501(2) by striking ``10102'' and inserting in 
    lieu thereof ``13102'';
        (2) in section 31501(3)(A) by striking ``10521(a)'' and 
    inserting in lieu thereof ``13501'';
        (3) in section 31502(a)(1) by striking ``10521 and 10522'' by 
    inserting in lieu thereof ``13501 and 13502''; and
        (4) in section 31503(a) by striking ``subchapter II of chapter 
    105'' and inserting in lieu thereof ``subchapter I of chapter 
    135''.
    (l) Sections 41309 and 41502.--Sections 41309(b)(2)(A) and 41502 of 
such title are each amended by striking ``common'' each place it 
appears.
    (m) Section 60115.--Section 60115(b)(4)(A) of such title is amended 
by striking ``(referred to in section 10344(f) of this title)''.

                      Subtitle B--Other Amendments

SEC. 311. AGRICULTURAL ADJUSTMENT ACT OF 1938 AMENDMENTS.

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

SEC. 312. ANIMAL WELFARE ACT AMENDMENT.

    Section 15(a) of the Animal Welfare Act (7 U.S.C. 2145(a)) is 
amended by striking ``Interstate Commerce Commission'' and inserting in 
lieu 
2000
thereof ``Surface Transportation Board''.

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

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

SEC. 314. FAIR CREDIT REPORTING ACT AMENDMENT.

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

SEC. 315. EQUAL CREDIT OPPORTUNITY ACT AMENDMENT.

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

SEC. 316. FAIR DEBT COLLECTION PRACTICES ACT AMENDMENT.

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

SEC. 317. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.

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

SEC. 318. CLAYTON ACT AMENDMENTS.

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

SEC. 319. INSPECTOR GENERAL ACT OF 1978 AMENDMENT.

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

SEC. 320. ENERGY POLICY ACT OF 1992 AMENDMENTS.

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

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

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

SEC. 322. RAILWAY LABOR ACT AMENDMENTS.

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

SEC. 323. RAILROAD RETIREMENT ACT OF 1974 AMENDMENTS.

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

SEC. 324. RAILROAD UNEMPLOYMENT INSURANCE ACT AMENDMENTS.

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

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

    The Emergency Rail Services Act of 1970 is amended--
        (1) in section 2 (45 U.S.C. 661)--
            (A) by striking paragraph (2) and inserting in lieu thereof 
        the following:
    ``(2) `Board' means the Surface Transportation Board.''; and
            (B) in paragraph (3) by striking ``common carrier by 
        railroad subject to part I of the Interstate Commerce Act (49 
        U.S.C. 1-27)'' and inserting in lieu thereof ``rail carrier 
        subject to part A of subtitle IV of title 49, United States 
        Code'';
        (2) in section 3--
 
2000
           (A) by striking ``the provisions of section 5 of the 
        Interstate Commerce Act'' in subsection (b)(4) and inserting in 
        lieu thereof ``subchapter II of chapter 113 of title 49, United 
        States Code''; and
            (B) by striking ``Commission'' each place it appears and 
        inserting in lieu thereof ``Board''; and
        (3) in section 6(a) (45 U.S.C. 665(a)) by striking ``Interstate 
    Commerce Commission'' and inserting in lieu thereof ``Board''.

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

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

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

    The Regional Rail Reorganization Act of 1973 is amended--
        (1) in section 102(15) (45 U.S.C. 702(15)) by striking ``common 
    carrier by railroad as defined in section 1(3) of part I of the 
    Interstate Commerce Act (49 U.S.C. 1(3))'' and inserting in lieu 
    thereof ``rail carrier subject to part A of subtitle IV of title 
    49, United States Code'';
        (2) in section 301(b) (45 U.S.C. 741(b)) by striking ``common 
    carrier by railroad under section 1(3) of the Interstate Commerce 
    Act (49 U.S.C. 1(3))'' and inserting in lieu thereof ``rail carrier 
    subject to part A of subtitle IV of title 49, United States Code'';
        (3) in section 304 (45 U.S.C. 744)--
            (A) by striking ``205(d)(6) of this Act'' in subsection 
        (a)(2)(B) and inserting in lieu thereof ``10362(b)(6) of title 
        49, United States Code'';
            (B) by striking ``Interstate Commerce Act'' and inserting 
        in lieu thereof ``part A of subtitle IV of title 49, United 
        States Code'';
            (C) in subsection (d)(3)--
                (i) by striking ``this title,'' and all that follows 
            through ``(A) shall take'' and inserting in lieu thereof 
            ``this title, the Commission shall take''; and
                (ii) by striking ``this subsection; and'' and all that 
            follows through ``205(d)(6) of this Act'' and inserting in 
            lieu thereof ``this subsection'';
            (D) in subsection (e)(4)--
                (i) by striking ``and under regulations issued by the 
            Office pursuant to section 205(d)(5) of this Act'' in 
            subparagraph (A); and
                (ii) by striking ``and regulations issued by the Office 
            pursuant to section 205(d)(5) of this Act'' in subparagraph 
            (C);
            (E) in subsection (e)(5)--
                (i) by striking ``and under regulations issued by the 
            Office pursuant to section 205(d)(5) of this Act'' in 
            subparagraph (A); and
                (ii) by striking ``and under regulations issued by the 
            Office pursuant to section 205(d)(5) of this Act'' in 
            subparagraph (B);
            (F) in subsection (e)(7)(A) by striking ``and under 
        regulations issued by the Office pursuant to section 205(d)(5) 
        of this Act''; and
            (G) in subsection (g) by striking ``the Interstate Commerce 
        Act'' and inserting in lieu thereof ``part A of subtitle IV of 
        title 49, United States Code'';
        (4) in section 308 (45 U.S.C. 748)--
            (A) by striking ``10905(d)-(f)'' in subsection (d)(1) and 
        inserting in lieu thereof ``10904''; and
            (B) by striking ``10903(b)(2)'' in subsection (f) and 
        inserting in lieu thereof ``10903(b)(3)''; and
        (5) by inserting after section 712 the following new section:


            ``class ii railroads receiving federal assistance

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

SEC. 328. MILWAUKEE RAILROAD RESTRUCTURING ACT AMENDMENT.

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

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

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

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

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

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

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

SEC. 332. CONRAIL PRIVATIZATION ACT AMENDMENT.

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

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

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

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

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

SEC. 335. TERMINATION OF CERTAIN MARITIME AUTHORITY.

    (a) Repeal of Intercoastal Shipping Act, 1933.--The Intercoastal 
Shipping Act, 1933 (46 U.S.C. App. 843 et seq.) is repealed effective 
September 30, 1996.
    (b) Repeal of Provisions of Shipping Act, 1916.--The following 
provisions of the Shipping Act, 1916 are repealed effective September 
30, 1996:
        (1) Section 3 (46 U.S.C. App. 804).
        (2) Section 14 (46 U.S.C. App. 812).
        (3) Section 15 (46 U.S.C. App. 814).
        (4) Section 16 (46 U.S.C. App. 815).
    
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    (5) Section 17 (46 U.S.C. App. 816).
        (6) Section 18 (46 U.S.C. App. 817).
        (7) Section 19 (46 U.S.C. App. 818).
        (8) Section 20 (46 U.S.C. App. 819).
        (9) Section 21 (46 U.S.C. App. 820).
        (10) Section 22 (46 U.S.C. App. 821).
        (11) Section 23 (46 U.S.C. App. 822).
        (12) Section 24 (46 U.S.C. App. 823).
        (13) Section 25 (46 U.S.C. App. 824).
        (14) Section 27 (46 U.S.C. App. 826).
        (15) Section 29 (46 U.S.C. App. 828).
        (16) Section 30 (46 U.S.C. App. 829).
        (17) Section 31 (46 U.S.C. App. 830).
        (18) Section 32 (46 U.S.C. App. 831).
        (19) Section 33 (46 U.S.C. App. 832).
        (20) Section 35 (46 U.S.C. App. 833a).
        (21) Section 43 (46 U.S.C. App. 841a).
        (22) Section 45 (46 U.S.C. App. 841c).
    (c) Conforming Amendments.--
        (1) Merchant marine act, 1936.--Section 204(a) of the Merchant 
    Marine Act, 1936 (46 U.S.C. App. 1114(a)) is amended by striking 
    ``the Intercoastal Shipping Act, 1933,''.
        (2) Shipping act of 1984.--Section 5(e) of the Shipping Act of 
    1984 (46 U.S.C. App. 1704(e)) is amended--
            (A) by striking ``This Act, the Shipping Act, 1916, and the 
        Intercoastal Shipping Act, 1933,'' and inserting ``This Act and 
        the Shipping Act, 1916''; and
            (B) by striking ``this Act, the Shipping Act, 1916, or the 
        Intercoastal Shipping Act, 1933,'' and inserting ``this Act or 
        the Shipping Act, 1916''.

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

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

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

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

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

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

SEC. 339. NOISE CONTROL ACT OF 1972 AMENDMENT.

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

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

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

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. CERTAIN COMMERCIAL SPACE LAUNCH ACTIVITIES.

    The licensing of a launch vehicle or launch site operator 
(including any amendment, extension, or renewal of the license) under 
chapter 701 of title 49, United States Code, shall not be considered a 
major Federal action for purposes of section 102(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(C)) if--
        (1) the Department of the Army has issued a permit for the 
    activity; and
        (2) the Army Corps of Engineers has found that the activity has 
    no significant impact.
    SEC. 402. DESTRUCTION OF MOTOR VEHICLES OR MOTOR VEHICLE 
      FACILITIES; WRECKING TRAINS.
    (a) Destruction of Motor Vehicles or Motor Vehicle Facilities.--
Section 33 of title 18, United States Code, is amended--
        (1) by inserting ``(a)'' before ``Whoever'' the first place it 
    appears; and
        (2) by adding at the end the following:
    ``(b) Whoever is convicted of a violation of subsection (a) 
involving a motor vehicle that, at the time the violation occurred, 
carried high-level radioactive waste (as that term is defined in 
section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(12))) or spent nuclear fuel (as that term is defined in section 
2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))), 
shall be fined under this title and imprisoned for any term of years 
not less than 30, or for life.''.
    (b) Wrecking Trains.--Section 1992 of such title is amended--
        (1) by inserting ``(a)'' before ``Whoever'' the first place it 
    appears;
        (2) by inserting ``(b)'' before ``Whoever is convicted'';
        (3) striking ``any such crime, which'' and inserting ``a 
    violation of subsection (a) that'';
        (4) by inserting after the paragraph beginning ``Whoever is 
    convicted'' the following:
    ``Whoever is convicted of any such violation involving a train 
that, at the time the violation occurred, carried high-level 
radioactive waste (as that term is defined in section 2(12) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12))) or spent 
nuclear fuel (as that term is defined in section 2(23) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10101(23))), shall be fined under 
this title and imprisoned for any term or years not less than 30, or 
for life.''; and
        (5) by inserting ``(c)'' before ``A judgment''.

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

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

SEC. 404. MISCELLANEOUS TITLE 23 AMENDMENTS.

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

SEC. 405. TECHNICAL AMENDMENTS.

    (a) NHS Designation Act.--Effective November 28, 1995, the National 
Highway System 
1b87
Designation Act of 1995 (Public Law 104-59) is amended--
        (1) in section 312(b) (109 Stat. 584) by striking ``of such 
    title'' and inserting in lieu thereof ``of title 23, United States 
    Code'';
        (2) in section 319(b)(3) (109 Stat. 589) by striking ``at the 
    end'' and inserting in lieu thereof ``after paragraph (3)'';
        (3) in section 332(a)(1)(C)(iii) (109 Stat. 596) by inserting 
    closing quotation marks after ``Mexico'';
        (4) in section 336(1) (109 Stat. 602)--
            (A) by striking ``for'' each place it appears; and
            (B) by inserting ``for'' after ``million'' each place it 
        appears; and
        (5) by inserting closing quotation marks and a period after the 
    period at the end of section 337(c)(1)(B) (109 Stat. 603).
    (b) Title 23.--Section 149(b) of title 23, United States Code, is 
amended--
        (1) by inserting ``or'' after the semicolon at the end of 
    paragraph (3); and
        (2) by striking ``; or'' at the end of paragraph (4) and 
    inserting a period.
    (c) ISTEA.--Section 1069(v) of the International Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2010) is amended by 
striking the period at the end of the first sentence.

SEC. 406. FIBER DRUM PACKAGING.

    (a) In General.--In the administration of chapter 51 of title 49, 
United States Code, the Secretary of Transportation shall issue a final 
rule within 60 days after the date of the enactment of this Act 
authorizing the continued use of fiber drum packaging with a removable 
head for the transportation of liquid hazardous materials with respect 
to those liquid hazardous materials transported by such drums pursuant 
to regulations in effect on September 30, 1991, if--
        (1) the packaging is in compliance with regulations of the 
    Secretary under the Hazardous Materials Transportation Act as in 
    effect on September 30, 1991; and
        (2) the packaging will not be used for the transportation of 
    hazardous materials that include materials which are poisonous by 
    inhalation or materials in Packing Groups I and II.
    (b) Expiration.--The regulation referred to in subsection (a) shall 
expire on the later of September 30, 1997, or the date on which funds 
are authorized to be appropriated to carry out chapter 51 of title 49, 
United States Code (relating to transportation of hazardous materials), 
for fiscal years beginning after September 30, 1997.
    (c) Study.--
        (1) In general.--Within 90 days after the date of the enactment 
    of this Act, the Secretary shall contract with the National Academy 
    of Sciences to conduct a study--
            (A) to determine whether the requirements of section 
        5103(b) of title 49, United States Code (relating to 
        regulations for safe transportation), as they pertain to fiber 
        drum packaging with a removable head can be met for the 
        transportation of liquid hazardous materials (with respect to 
        those liquid hazardous materials transported by such drums 
        pursuant to regulations in effect on September 30, 1991) with 
        standards (including fiber drum industry standards set forth in 
        a June 8, 1992, exemption application submitted to the 
        Department of Transportation), other than the performance-
        oriented packaging standards adopted under docket number HM-181 
        contained in part 178 of title 49, Code of Federal Regulations; 
        and
            (B) to determine whether a packaging standard (including 
        such fiber drum industry standards), other than such 
        performance-oriented packaging standards, will provide an equal 
        or greater level of safety for the transportation of liquid 
        hazardous materials than would be provided if such performance-
        oriented packaging standards were in effect.
        (2) Completion.--The study shall be completed before March 1, 
    1997 and shall be transmitted to the Committee on Commerce, 
    Science, and Transportation of the Senate and the Transportation 
    and Infrastructure Committee of the House of Representatives.
    (d) Secretarial Action.--By September 30, 1997, the Secretary shall 
issue final regulations to determine what standards should apply to 
fiber drum packaging with a removable head for transportation of liquid 
hazardous materials (with respect to those liquid hazardous materials 
transported by such drums pursuant to regulations in effect on 
September 30, 1991) after September 30, 1997. In issuing such 
regulations, the Secretary shall give full and substantial 
consideration to the results of the study conducted in subsection (c).

SEC. 407. NONCONTIGUOUS DOMESTIC TRADE STUDY.

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

SEC. 408. FEDERAL HIGHWAY ADMINISTRATION RULEMAKING.

    (a) Advance Notice.--The Federal Highway Administration shall issue 
an advance notice of proposed rulemaking dealing with a variety of 
fatigue-related issues pertaining to commercial motor vehicle motor 
vehicle safety (including 8 hours of continuous sleep after 10 hours of 
driving, loading and unloading operations, automated and tamper-proof 
recording devices, rest and recovery cycles, fatigue and stress in 
longer combination vehicles, fitness for duty, and other appropriate 
regulatory and enforcement countermeasures for reducing fatigue-related 
incidents and increasing driver alertness) not later than March 1, 
1996.
    (b) Rulemaking.--The Federal Highway Administration shall issue a 
notice of proposed rulemaking dealing with such issues within 1 year 
after issuance of the advance notice under subsection (a) is published 
and shall issue a final rule dealing with those issues within 2 years 
after the last day of such 1-year period.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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