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104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-422
_______________________________________________________________________


 
                      ICC TERMINATION ACT OF 1995

                                _______


   December 18, (legislative day, December 15), 1995.--Ordered to be 
                                printed

_______________________________________________________________________


 Mr. Shuster, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 2539]

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

          TITLE I--ABOLITION OF INTERSTATE COMMERCE COMMISSION

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

                 TITLE II--SURFACE TRANSPORTATION BOARD

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

                    TITLE III--CONFORMING AMENDMENTS

              Subtitle A--Amendments to United States Code

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

                      Subtitle B--Other Amendments

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

                   TITLE IV--MISCELLANEOUS PROVISIONS

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

SEC. 2. EFFECTIVE DATE.

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

          TITLE I--ABOLITION OF INTERSTATE COMMERCE COMMISSION

SEC. 101. ABOLITION.

    The Interstate Commerce Commission is abolished.

SEC. 102. RAIL PROVISIONS.

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

                ``SUBTITLE IV--INTERSTATE TRANSPORTATION

                             ``PART A--RAIL

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

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

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

                       ``PART C--PIPELINE CARRIERS

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

                             ``PART A--RAIL

                   ``CHAPTER 101--GENERAL PROVISIONS

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

``Sec. 10101. Rail transportation policy

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

``Sec. 10102. Definitions

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

                      ``CHAPTER 105--JURISDICTION

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

``Sec. 10501. General jurisdiction

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

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

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

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

                          ``CHAPTER 107--RATES

                    ``SUBCHAPTER I--GENERAL AUTHORITY

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

                 ``SUBCHAPTER II--SPECIAL CIRCUMSTANCES

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

                      ``SUBCHAPTER III--LIMITATIONS

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

                   ``SUBCHAPTER I--GENERAL AUTHORITY

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

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

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

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

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

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

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

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

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

``Sec. 10705. Authority: through routes, joint classifications, rates, 
                    and divisions prescribed by the 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 
disposition of a rule or rate docketed with it by the 120th day 
after the proposal is docketed. Such an organization may not--
            ``(i) permit a rail carrier to discuss, to 
        participate in agreements related to, or to vote on 
        single-line rates proposed by another rail carrier, 
        except that for purposes of general rate increases and 
        broad changes in rates, classifications, rules, and 
        practices only, if the Board finds at any time that the 
        implementation of this clause is not feasible, it may 
        delay or suspend such implementation in whole or in 
        part;
            ``(ii) permit a rail carrier to discuss, to 
        participate in agreements related to, or to vote on 
        rates related to a particular interline movement unless 
        that rail carrier practicably participates in the 
        movement; or
            ``(iii) if there are interline movements over two 
        or more routes between the same end points, permit a 
        carrier to discuss, to participate in agreements 
        related to, or to vote on rates except with a carrier 
        which forms part of a particular single route. If the 
        Board finds at any time that the implementation of this 
        clause is not feasible, it may delay or suspend such 
        implementation in whole or in part.
    ``(B)(i) In any proceeding in which a party alleges that a 
rail carrier voted or agreed on a rate or allowance in 
violation of this subsection, that party has the burden of 
showing that the vote or agreement occurred. A showing of 
parallel behavior does not satisfy that burden by itself.
    ``(ii) In any proceeding in which it is alleged that a 
carrier was a party to an agreement, conspiracy, or combination 
in violation of a Federal law cited in subsection (a)(2)(A) of 
this section or of any similar State law, proof of an 
agreement, conspiracy, or combination may not be inferred from 
evidence that two or more rail carriers acted together with 
respect to an interline rate or related matter and that a party 
to such action took similar action with respect to a rate or 
related matter on another route or traffic. In any proceeding 
in which such a violation is alleged, evidence of a discussion 
or agreement between or among such rail carrier and one or more 
other rail carriers, or of any rate or other action resulting 
from such discussion or agreement, shall not be admissible if 
the discussion or agreement--
            ``(I) was in accordance with an agreement approved 
        under paragraph (2) of this subsection; or
            ``(II) concerned an interline movement of the rail 
        carrier, and the discussion or agreement would not, 
        considered by itself, violate the laws referred to in 
        the first sentence of this clause.

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

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

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

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

``Sec. 10708. Rail cost adjustment factor

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

``Sec. 10709. Contracts

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

                 ``SUBCHAPTER II--SPECIAL CIRCUMSTANCES

``Sec. 10721. Government traffic

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

``Sec. 10722. Car utilization

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

                     ``SUBCHAPTER III--LIMITATIONS

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

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

``Sec. 10742. Facilities for interchange of traffic

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

``Sec. 10743. Liability for payment of rates

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

``Sec. 10744. Continuous carriage of freight

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

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

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

``Sec. 10746. Demurrage charges

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

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

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

                        ``CHAPTER 109--LICENSING

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

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

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

only if the Board issues a certificate authorizing such 
activity under subsection (c).
    ``(b) A proceeding to grant authority under subsection (a) 
of this section begins when an application is filed. On 
receiving the application, the Board shall give reasonable 
public notice, including notice to the Governor of any affected 
State, of the beginning of such proceeding.
    ``(c) The Board shall issue a certificate authorizing 
activities for which such authority is requested in an 
application filed under subsection (b) unless the Board finds 
that such activities are inconsistent with the public 
convenience and necessity. Such certificate may approve the 
application as filed, or with modifications, and may require 
compliance with conditions (other than labor protection 
conditions) the Board finds necessary in the public interest.
    ``(d)(1) When a certificate has been issued by the Board 
under this section authorizing the construction or extension of 
a railroad line, no other rail carrier may block any 
construction or extension authorized by such certificate by 
refusing to permit the carrier to cross its property if--
            ``(A) the construction does not unreasonably 
        interfere with the operation of the crossed line;
            ``(B) the operation does not materially interfere 
        with the operation of the crossed line; and
            ``(C) the owner of the crossing line compensates 
        the owner of the crossed line.
    ``(2) If the parties are unable to agree on the terms of 
operation or the amount of payment for purposes of paragraph 
(1) of this subsection, either party may submit the matters in 
dispute to the Board for determination. The Board shall make a 
determination under this paragraph within 120 days after the 
dispute is submitted for determination.

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

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

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

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

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

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

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

    ``(a) In this section--
            ``(1) the term `avoidable cost' means all expenses 
        that would be incurred by a rail carrier in providing 
        transportation that would not be incurred if the 
        railroad line over which the transportation was 
        provided were abandoned or if the transportation were 
        discontinued. Expenses include cash inflows foregone 
        and cash outflows incurred by the rail carrier as a 
        result of not abandoning or discontinuing the 
        transportation. Cash inflows foregone and cash outflows 
        incurred include--
                    ``(A) working capital and required capital 
                expenditure;
                    ``(B) expenditures to eliminate deferred 
                maintenance;
                    ``(C) the current cost of freight cars, 
                locomotives, and other equipment; and
                    ``(D) the foregone tax benefits from not 
                retiring properties from rail service and other 
                effects of applicable Federal and State income 
                taxes; and
            ``(2) the term `reasonable return' means--
                    ``(A) if a rail carrier is not in 
                reorganization, the cost of capital to the rail 
                carrier, as determined by the Board; and
                    ``(B) if a rail carrier is in 
                reorganization, the mean cost of capital of 
                rail carriers not in reorganization, as 
                determined by the Board.
    ``(b) Any rail carrier which has filed an application for 
abandonment or discontinuance shall provide promptly to a party 
considering an offer of financial assistance and shall provide 
concurrently to the Board--
            ``(1) an estimate of the annual subsidy and minimum 
        purchase price required to keep the line or a portion 
        of the line in operation;
            ``(2) its most recent reports on the physical 
        condition of that part of the railroad line involved in 
        the proposed abandonment or discontinuance;
            ``(3) traffic, revenue, and other data necessary to 
        determine the amount of annual financial assistance 
        which would be required to continue rail transportation 
        over that part of the railroad line; and
            ``(4) any other information that the Board 
        considers necessary to allow a potential offeror to 
        calculate an adequate subsidy or purchase offer.
    ``(c) Within 4 months after an application is filed under 
section 10903, any person may offer to subsidize or purchase 
the railroad line that is the subject of such application. Such 
offer shall be filed concurrently with the Board. If the offer 
to subsidize or purchase is less than the carrier's estimate 
stated pursuant to subsection (b)(1), the offer shall explain 
the basis of the disparity, and the manner in which the offer 
is calculated.
    ``(d)(1) Unless the Board, within 15 days after the 
expiration of the 4-month period described in subsection (c), 
finds that one or more financially responsible persons 
(including a governmental authority) have offered financial 
assistance regarding that part of the railroad line to be 
abandoned or over which all rail transportation is to be 
discontinued, abandonment or discontinuance may be carried out 
in accordance with section 10903.
    ``(2) If the Board finds that such an offer or offers of 
financial assistance has been made within such period, 
abandonment or discontinuance shall be postponed until--
            ``(A) the carrier and a financially responsible 
        person have reached agreement on a transaction for 
        subsidy or sale of the line; or
            ``(B) the conditions and amount of compensation are 
        established under subsection (f).
    ``(e) Except as provided in subsection (f)(3), if the rail 
carrier and a financially responsible person (including a 
governmental authority) fail to agree on the amount or terms of 
the subsidy or purchase, either party may, within 30 days after 
the offer is made, request that the Board establish the 
conditions and amount of compensation.
    ``(f)(1) Whenever the Board is requested to establish the 
conditions and amount of compensation under this section--
            ``(A) the Board shall render its decision within 30 
        days;
            ``(B) for proposed sales, the Board shall determine 
        the price and other terms of sale, except that in no 
        case shall the Board set a price which is below the 
        fair market value of the line (including, unless 
        otherwise mutually agreed, all facilities on the line 
        or portion necessary to provide effective 
        transportation services); and
            ``(C) for proposed subsidies, the Board shall 
        establish the compensation as the difference between 
        the revenues attributable to that part of the railroad 
        line and the avoidable cost of providing rail freight 
        transportation on the line, plus a reasonable return on 
        the value of the line.
    ``(2) The decision of the Board shall be binding on both 
parties, except that the person who has offered to subsidize or 
purchase the line may withdraw his offer within 10 days of the 
Board's decision. In such a case, the abandonment or 
discontinuance may be carried out immediately, unless other 
offers are being considered pursuant to paragraph (3) of this 
subsection.
    ``(3) If a rail carrier receives more than one offer to 
subsidize or purchase, it shall select the offeror with whom it 
wishes to transact business, and complete the subsidy or sale 
agreement, or request that the Board establish the conditions 
and amount of compensation before the 40th day after the 
expiration of the 4-month period described in subsection (c). 
If no agreement on subsidy or sale is reached within such 40-
day period and the Board has not been requested to establish 
the conditions and amount of compensation, any other offeror 
whose offer was made within the 4-month period described in 
subsection (c) may request that the Board establish the 
conditions and amount of compensation. If the Board has 
established the conditions and amount of compensation, and the 
original offer has been withdrawn, any other offeror whose 
offer was made within the 4-month period described in 
subsection (c) may accept the Board's decision within 20 days 
after such decision, and the Board shall require the carrier to 
enter into a subsidy or sale agreement with such offeror, if 
such subsidy or sale agreement incorporates the Board's 
decision.
    ``(4)(A) No purchaser of a line or portion of line sold 
under this section may transfer or discontinue service on such 
line prior to the end of the second year after consummation of 
the sale, nor may such purchaser transfer such line, except to 
the rail carrier from whom it was purchased, prior to the end 
of the fifth year after consummation of the sale.
    ``(B) No subsidy arrangement approved under this section 
shall remain in effect for more than one year, unless otherwise 
mutually agreed by the parties.
    ``(g) Upon abandonment of a railroad line under this 
chapter, the obligation of the rail carrier abandoning the line 
to provide transportation on that line, as required by section 
11101(a), is extinguished.

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

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

``Sec. 10906. Exception

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

``Sec. 10907. Railroad development

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

                       ``CHAPTER 111--OPERATIONS

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

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

                      ``SUBCHAPTER II--CAR SERVICE

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

                  ``SUBCHAPTER III--REPORTS AND RECORDS

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

                ``SUBCHAPTER IV--RAILROAD COST ACCOUNTING

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

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

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

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

``Sec. 11102. Use of terminal facilities

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

``Sec. 11103. Switch connections and tracks

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

                      ``SUBCHAPTER II--CAR SERVICE

``Sec. 11121. Criteria

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

``Sec. 11122. Compensation and practice

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

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

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

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

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

                 ``SUBCHAPTER III--REPORTS AND RECORDS

``Sec. 11141. Definitions

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

``Sec. 11142. Uniform accounting system

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

``Sec. 11143. Depreciation charges

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

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

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

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

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

               ``SUBCHAPTER IV--RAILROAD COST ACCOUNTING

``Sec. 11161. Implementation of cost accounting principles

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

``Sec. 11162. Rail carrier cost accounting system

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

``Sec. 11163. Cost availability

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

``Sec. 11164. Accounting and cost reporting

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

                         ``CHAPTER 113--FINANCE

         ``SUBCHAPTER I--EQUIPMENT TRUSTS AND SECURITY INTERESTS

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

                      ``SUBCHAPTER II--COMBINATIONS

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

        ``SUBCHAPTER I--EQUIPMENT TRUSTS AND SECURITY INTERESTS

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

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

shall be recognized with the same effect as having been filed 
under this section.
    ``(e) Interests with respect to which documents are filed 
or recognized under this section are deemed perfected in all 
jurisdictions, and shall be governed by applicable State or 
foreign law in all matters not specifically governed by this 
section.
    ``(f) The Board shall collect, maintain, and keep open for 
public inspection a railway equipment register consistent with 
the manner and format maintained by the Interstate Commerce 
Commission as of the effective date of the ICC Termination Act 
of 1995.

                     ``SUBCHAPTER II--COMBINATIONS

``Sec. 11321. Scope of authority

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

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

    ``(a) A rail carrier providing transportation subject to 
the jurisdiction of the Board under this part may not agree or 
combine with another of those rail carriers to pool or divide 
traffic or services or any part of their earnings without the 
approval of the Board under this section or section 11123 of 
this title. The Board may approve and authorize the agreement 
or combination if the rail carriers involved assent to the 
pooling or division and the Board finds that a pooling or 
division of traffic, services, or earnings--
            ``(1) will be in the interest of better service to 
        the public or of economy of operation; and
            ``(2) will not unreasonably restrain competition.
    ``(b) The Board may impose conditions governing the pooling 
or division and may approve and authorize payment of a 
reasonable consideration between the rail carriers.
    ``(c) The Board may begin a proceeding under this section 
on its own initiative or on application.

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

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

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

    ``(a) The Board may begin a proceeding to approve and 
authorize a transaction referred to in section 11323 of this 
title on application of the person seeking that authority. When 
an application is filed with the Board, the Board shall notify 
the chief executive officer of each State in which property of 
the rail carriers involved in the proposed transaction is 
located and shall notify those rail carriers. The Board shall 
hold a public hearing unless the Board determines that a public 
hearing is not necessary in the public interest.
    ``(b) In a proceeding under this section which involves the 
merger or control of at least two Class I railroads, as defined 
by the Board, the Board shall consider at least--
            ``(1) the effect of the proposed transaction on the 
        adequacy of transportation to the public;
            ``(2) the effect on the public interest of 
        including, or failing to include, other rail carriers 
        in the area involved in the proposed transaction;
            ``(3) the total fixed charges that result from the 
        proposed transaction;
            ``(4) the interest of rail carrier employees 
        affected by the proposed transaction; and
            ``(5) whether the proposed transaction would have 
        an adverse effect on competition among rail carriers in 
        the affected region or in the national rail system.
    ``(c) The Board shall approve and authorize a transaction 
under this section when it finds the transaction is consistent 
with the public interest. The Board may impose conditions 
governing the transaction, including the divestiture of 
parallel tracks or requiring the granting of trackage rights 
and access to other facilities. Any trackage rights and related 
conditions imposed to alleviate anticompetitive effects of the 
transaction shall provide for operating terms and compensation 
levels to ensure that such effects are alleviated. When the 
transaction contemplates a guaranty or assumption of payment of 
dividends or of fixed charges or will result in an increase of 
total fixed charges, the Board may approve and authorize the 
transaction only if it finds that the guaranty, assumption, or 
increase is consistent with the public interest. The Board may 
require inclusion of other rail carriers located in the area 
involved in the transaction if they apply for inclusion and the 
Board finds their inclusion to be consistent with the public 
interest.
    ``(d) In a proceeding under this section which does not 
involve the merger or control of at least two Class I 
railroads, as defined by the Board, the Board shall approve 
such an application unless it finds that--
            ``(1) as a result of the transaction, there is 
        likely to be substantial lessening of competition, 
        creation of a monopoly, or restraint of trade in 
        freight surface transportation in any region of the 
        United States; and
            ``(2) the anticompetitive effects of the 
        transaction outweigh the public interest in meeting 
        significant transportation needs.

In making such findings, the Board shall, with respect to any 
application that is part of a plan or proposal developed under 
section 333(a)-(d) of this title, accord substantial weight to 
any recommendations of the Attorney General.
    ``(e) No transaction described in section 11326(b) may have 
the effect of avoiding a collective bargaining agreement or 
shifting work from a rail carrier with a collective bargaining 
agreement to a rail carrier without a collective bargaining 
agreement.
    ``(f)(1) To the extent provided in this subsection, a 
proceeding under this subchapter relating to a transaction 
involving at least one Class I rail carrier shall not be 
considered an adjudication required by statute to be determined 
on the record after opportunity for an agency hearing, for the 
purposes of subchapter II of chapter 5 of title 5, United 
States Code.
    ``(2) Ex parte communications, as defined in section 
551(14) of title 5, United States Code, shall be permitted in 
proceedings described in paragraph (1) of this subsection, 
subject to the requirements of paragraph (3) of this 
subsection.
    ``(3)(A) Any member or employee of the Board who makes or 
receives a written ex parte communication concerning the merits 
of a proceeding described in paragraph (1) shall promptly place 
the communication in the public docket of the proceeding.
    ``(B) Any member or employee of the Board who makes or 
receives an oral ex parte communication concerning the merits 
of a proceeding described in paragraph (1) shall promptly place 
a written summary of the oral communication in the public 
docket of the proceeding.
    ``(4) Nothing in this subsection shall be construed to 
require the Board or any of its members or employees to engage 
in any ex parte communication with any person. Nothing in this 
subsection or any other law shall be construed to limit the 
authority of the members or employees of the Board, in their 
discretion, to note in the docket or otherwise publicly the 
occurrence and substance of an ex parte communication.

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

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

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

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

``Sec. 11327. Supplemental orders

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

``Sec. 11328. Restrictions on officers and directors

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

                 ``CHAPTER 115--FEDERAL-STATE RELATIONS

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

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

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

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

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

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

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

``Sec. 11701. General authority

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

``Sec. 11702. Enforcement by the Board

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

``Sec. 11703. Enforcement by the Attorney General

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

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

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

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

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

    ``(a) A rail carrier providing transportation or service 
subject to the jurisdiction of the Board under this part must 
begin a civil action to recover charges for transportation or 
service provided by the carrier within 3 years after the claim 
accrues.
    ``(b) A person must begin a civil action to recover 
overcharges under section 11704(b) of this title within 3 years 
after the claim accrues, whether or not a complaint is filed 
under section 11704(c)(1).
    ``(c) A person must file a complaint with the Board to 
recover damages under section 11704(b) of this title within 2 
years after the claim accrues.
    ``(d) The limitation period under subsection (b) of this 
section is extended for 6 months from the time written notice 
is given to the claimant by the rail carrier of disallowance of 
any part of the claim specified in the notice if a written 
claim is given to the rail carrier within that limitation 
period. The limitation periods under subsections (b) and (c) of 
this section are extended for 90 days from the time the rail 
carrier begins a civil action under subsection (a) of this 
section to recover charges related to the same transportation 
or service, or collects (without beginning a civil action under 
that subsection) the charge for that transportation or service 
if that action is begun or collection is made within the 
appropriate period.
    ``(e) A person must begin a civil action to enforce an 
order of the Board against a rail carrier for the payment of 
money within one year after the date the order required the 
money to be paid.
    ``(f) This section applies to transportation for the United 
States Government. The time limitations under this section are 
extended, as related to transportation for or on behalf of the 
United States Government, for 3 years from the date of--
            ``(1) payment of the rate for the transportation or 
        service involved;
            ``(2) subsequent refund for overpayment of that 
        rate; or
            ``(3) deduction made under section 3726 of title 
        31, whichever is later.
    ``(g) A claim related to a shipment of property accrues 
under this section on delivery or tender of delivery by the 
rail carrier.

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

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

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

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

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

              ``CHAPTER 119--CIVIL AND CRIMINAL PENALTIES

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

``Sec. 11901. General civil penalties

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

``Sec. 11902. Interference with railroad car supply

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

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

``Sec. 11903. Record keeping and reporting violations

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

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

``Sec. 11904. Unlawful disclosure of information

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

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

``Sec. 11905. Disobedience to subpoenas

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

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

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

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

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

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

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

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

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

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

                   ``CHAPTER 131--GENERAL PROVISIONS

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

``Sec. 13101. Transportation policy

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

``Sec. 13102. Definitions

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

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

``Sec. 13103. Remedies as cumulative

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

                ``CHAPTER 133--ADMINISTRATIVE PROVISIONS

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

``Sec. 13301. Powers

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

``Sec. 13302. Intervention

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

``Sec. 13303. Service of notice in proceedings

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

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

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

                      ``CHAPTER 135--JURISDICTION

              ``SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

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

              ``SUBCHAPTER II--WATER CARRIER TRANSPORTATION

``13521. General jurisdiction.

               ``SUBCHAPTER III--FREIGHT FORWARDER SERVICE

``13531. General jurisdiction.

                  ``SUBCHAPTER IV--AUTHORITY TO EXEMPT

``13541. Authority to exempt transportation or services.

              ``SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

``Sec. 13501. General jurisdiction

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

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

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

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

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

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

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

``Sec. 13505. Transportation furthering a primary business

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

``Sec. 13506. Miscellaneous motor carrier transportation exemptions

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

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

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

``Sec. 13508. Limited authority over cooperative associations

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

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

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

shall be fined not more than $5,000.

             ``SUBCHAPTER II--WATER CARRIER TRANSPORTATION

``Sec. 13521. General jurisdiction

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

              ``SUBCHAPTER III--FREIGHT FORWARDER SERVICE

``Sec. 13531. General jurisdiction

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

                  ``SUBCHAPTER IV--AUTHORITY TO EXEMPT

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

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

                ``CHAPTER 137--RATES AND THROUGH ROUTES

``Sec.
``13701. Requirements for reasonable rates, classifications, through 
          routes, rules, and practices for certain transportation.
``13702. Tariff requirement for certain transportation.
``13703. Certain collective activities; exemption from antitrust laws.
``13704. Household goods rates--estimates; guarantees of service.
``13705. Requirements for through routes among motor carriers of 
          passengers.
``13706. Liability for payment of rates.
``13707. Payment of rates.
``13708. Billing and collecting practices.
``13709. Procedures for resolving claims involving unfiled, negotiated 
          transportation rates.
``13710. Additional billing and collecting practices.
``13711. Alternative procedure for resolving undercharge disputes.
``13712. Government traffic.
``13713. Food and grocery transportation.

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

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

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

``Sec. 13702. Tariff requirement for certain transportation

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

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

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

    ``(a) Agreements.--
            ``(1) Authority to enter.--A motor carrier 
        providing transportation or service subject to 
        jurisdiction under chapter 135 may enter into an 
        agreement with one or more such carriers to establish--
                    ``(A) through routes and joint rates;
                    ``(B) rates for the transportation of 
                household goods;
                    ``(C) classifications;
                    ``(D) mileage guides;
                    ``(E) rules;
                    ``(F) divisions;
                    ``(G) rate adjustments of general 
                application based on industry average carrier 
                costs (so long as there is no discussion of 
                individual markets or particular single-line 
                rates); or
                    ``(H) procedures for joint consideration, 
                initiation, or establishment of matters 
                described in subparagraphs (A) through (G).
            ``(2) Submission of agreement to board; approval.--
        An agreement entered into under subsection (a) may be 
        submitted by any carrier or carriers that are parties 
        to such agreement to the Board for approval and may be 
        approved by the Board only if it finds that such 
        agreement is in the public interest.
            ``(3) Conditions.--The Board may require compliance 
        with reasonable conditions consistent with this part to 
        assure that the agreement furthers the transportation 
        policy set forth in section 13101.
            ``(4) Independently established rates.--Any carrier 
        which is a party to an agreement under paragraph (1) is 
        not, and may not be, precluded from independently 
        establishing its own rates, classification, and 
        mileages or from adopting and using a noncollectively 
        made classification or mileage guide.
            ``(5) Investigations.--
                    ``(A) Reasonableness.--The Board may 
                suspend and investigate the reasonableness of 
                any rate, rule, classification, or rate 
                adjustment of general application made pursuant 
                to an agreement under this section.
                    ``(B) Actions not in the public interest.--
                The Board may investigate any action taken 
                pursuant to an agreement approved under this 
                section. If the Board finds that the action is 
                not in the public interest, the Board may take 
                such measures as may be necessary to protect 
                the public interest with regard to the action, 
                including issuing an order directing the 
                parties to cease and desist or modify the 
                action.
            ``(6) Effect of approval.--If the Board approves 
        the agreement or renews approval of the agreement, it 
        may be made and carried out under its terms and under 
        the conditions required by the Board, and the antitrust 
        laws, as defined in the first section of the Clayton 
        Act (15 U.S.C. 12), do not apply to parties and other 
        persons with respect to making or carrying out the 
        agreement.
    ``(b) Records.--The Board may require an organization 
established or continued under an agreement approved under this 
section to maintain records and submit reports. The Board, or 
its delegate, may inspect a record maintained under this 
section, or monitor any organization's compliance with this 
section.
    ``(c) Review.--The Board may review an agreement approved 
under this section, on its own initiative or on request, and 
shall change the conditions of approval or terminate it when 
necessary to protect the public interest. Action of the Board 
under this section--
            ``(1) approving an agreement,
            ``(2) denying, ending, or changing approval,
            ``(3) prescribing the conditions on which approval 
        is granted, or
            ``(4) changing those conditions,
has effect only as related to application of the antitrust laws 
referred to in subsection (a).
    ``(d) Expiration of Approvals; Renewals.--Subject to 
subsection (c), approval of an agreement under subsection (a) 
shall expire 3 years after the date of approval unless renewed 
under this subsection. The approval may be renewed upon request 
of the parties to the agreement if such parties resubmit the 
agreement to the Board, the agreement is unchanged, and the 
Board approves such renewal. The Board shall approve the 
renewal unless it finds that the renewal is not in the public 
interest. Parties to the agreement may continue to undertake 
activities pursuant to the previously approved agreement while 
the renewal request is pending.
    ``(e) Existing Agreements.--Agreements approved under 
former section 10706(b) and in effect on the day before the 
effective date of this section shall be treated for purposes of 
this section as approved by the Board under this section 
beginning on such effective date.
    ``(f) Limitations on Statutory Construction.--
            ``(1) Undercharge claims.--Nothing in this section 
        shall serve as a basis for any undercharge claim.
            ``(2) Obligation of shipper.--Nothing in this 
        title, the ICC Termination Act of 1995, or any 
        amendments or repeals made by such Act shall be 
        construed as creating any obligation for a shipper 
        based solely on a classification that was on file with 
        the Interstate Commerce Commission or elsewhere on the 
        day before the effective date of this section.
    ``(g) Industry Standard Guides.--
            ``(1) In general.--
                    ``(A) Public availability.--Routes, rates, 
                classifications, mileage guides, and rules 
                established under agreements approved under 
                this section shall be published and made 
                available for public inspection upon request.
                    ``(B) Participation of carriers.--
                            ``(i) In general.--A motor carrier 
                        of property whose routes, rates, 
                        classifications, mileage guides, rules, 
                        or packaging are determined or governed 
                        by publications established under 
                        agreements approved under this section 
                        must participate in the determining or 
                        governing publication for such 
                        provisions to apply.
                            ``(ii) Power of attorney.--The 
                        motor carrier of property shall issue a 
                        power of attorney to the publishing 
                        agent and, upon its acceptance, the 
                        agent shall issue a written 
                        certification to the motor carrier 
                        affirming its participation in the 
                        governing publication, and the 
                        certification shall be made available 
                        for public inspection.
            ``(2) Mileage limitation.--No carrier subject to 
        jurisdiction under subchapter I or III of chapter 135 
        may enforce collection of its mileage rates unless such 
        carrier--
                    ``(A) is a participant in a publication of 
                mileages formulated under an agreement approved 
                under this section; or
                    ``(B) uses a publication of mileage (other 
                than a publication described in subparagraph 
                (A)) that can be examined by any interested 
                person upon reasonable request.
    ``(h) Single Line Rate Defined.--In this section, the term 
`single line rate' means a rate, charge, or allowance proposed 
by a single motor carrier that is applicable only over its line 
and for which the transportation can be provided by that 
carrier.

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

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

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

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

``Sec. 13706. Liability for payment of rates

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

``Sec. 13707. Payment of rates

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

``Sec. 13708. Billing and collecting practices

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

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

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

``Sec. 13710. Additional billing and collecting practices

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

``Sec. 13711. Alternative procedure for resolving undercharge disputes

    ``(a) General Rule.--It shall be an unreasonable practice 
for a motor carrier of property (other than a household goods 
carrier) providing transportation subject to jurisdiction under 
subchapter I of chapter 135 or, before the effective date of 
this section, to have provided transportation that was subject 
to jurisdiction under subchapter II of chapter 105, as in 
effect on the day before the effective date of this section, a 
freight forwarder (other than a household goods freight 
forwarder), or a party representing such a carrier or freight 
forwarder to attempt to charge or to charge for a 
transportation service the difference between (1) the 
applicable rate that was lawfully in effect pursuant to a 
tariff that was filed in accordance with this chapter or, with 
respect to transportation provided before the effective date of 
this section, in accordance with chapter 107, as in effect on 
the date the transportation was provided, by the carrier or 
freight forwarder applicable to such transportation service, 
and (2) the negotiated rate for such transportation service if 
the carrier or freight forwarder is no longer transporting 
property between places described in section 13501(1) or is 
transporting property between places described in section 
13501(1) for the purpose of avoiding application of this 
section.
    ``(b) Jurisdiction of Board.--
            ``(1) Determination.--The Board shall have 
        jurisdiction to make a determination of whether or not 
        attempting to charge or the charging of a rate by a 
        motor carrier or freight forwarder or party 
        representing a motor carrier or freight forwarder is an 
        unreasonable practice under subsection (a). If the 
        Board determines that attempting to charge or the 
        charging of the rate is an unreasonable practice under 
        subsection (a), the carrier, freight forwarder, or 
        party may not collect the difference described in 
        subsection (a) between the applicable rate and the 
        negotiated rate for the transportation service.
            ``(2) Factors to consider.--In making a 
        determination under paragraph (1), the Board shall 
        consider--
                    ``(A) whether the person was offered a 
                transportation rate by the carrier or freight 
                forwarder or party other than that legally on 
                file with the Interstate Commerce Commission or 
                the Board, as required, at the time of the 
                movement for the transportation service;
                    ``(B) whether the person tendered freight 
                to the carrier or freight forwarder in 
                reasonable reliance upon the offered 
                transportation rate;
                    ``(C) whether the carrier or freight 
                forwarder did not properly or timely file with 
                the Interstate Commerce Commission or the 
                Board, as required, a tariff providing for such 
                transportation rate or failed to enter into an 
                agreement for contract carriage;
                    ``(D) whether the transportation rate was 
                billed and collected by the carrier or freight 
                forwarder; and
                    ``(E) whether the carrier or freight 
                forwarder or party demands additional payment 
                of a higher rate filed in a tariff.
    ``(c) Stay of Additional Compensation.--When a person 
proceeds under this section to challenge the reasonableness of 
the practice of a motor carrier, freight forwarder, or party 
described in subsection (a) to attempt to charge or to charge 
the difference described in subsection (a) between the 
applicable rate and the negotiated rate for the transportation 
service in addition to those charges already billed and 
collected for the transportation service, the person shall not 
have to pay any additional compensation to the carrier, freight 
forwarder, or party until the Board has made a determination as 
to the reasonableness of the practice as applied to the freight 
of the person against whom the claim is made.
    ``(d) Treatment.--Subsection (a) is an exception to the 
requirements of section 13702 and, for transportation provided 
before the effective date of this section, to the requirements 
of sections 10761(a) and 10762, as in effect on the day before 
such effective date, as such sections relate to a filed tariff 
rate and other general tariff requirements.
    ``(e) Nonapplicability of Negotiated Rate Dispute 
Resolution Procedure.--If a person elects to seek enforcement 
of subsection (a) with respect to a rate for a transportation 
or service, section 13709 shall not apply to such rate.
    ``(f) Definitions.--In this section, the term ``negotiated 
rate'' means a rate, charge, classification, or rule agreed 
upon by a motor carrier or freight forwarder and a shipper 
through negotiations pursuant to which no tariff was lawfully 
and timely filed and for which there is written evidence of 
such agreement.
    ``(g) Applicability to Pending Cases.--This section shall 
apply to all cases and proceedings pending on the effective 
date of this section.

``Sec. 13712. Government traffic

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

``Sec. 13713. Food and grocery transportation

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

                      ``CHAPTER 139--REGISTRATION

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

``Sec. 13901. Requirement for registration

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

``Sec. 13902. Registration of motor carriers

    ``(a) Motor Carrier Generally.--
            ``(1) In general.--Except as provided in this 
        section, the Secretary shall register a person to 
        provide transportation subject to jurisdiction under 
        subchapter I of chapter 135 of this title as a motor 
        carrier if the Secretary finds that the person is 
        willing and able to comply with--
                    ``(A) this part and the applicable 
                regulations of the Secretary and the Board;
                    ``(B) any safety regulations imposed by the 
                Secretary and the safety fitness requirements 
                established by the Secretary under section 
                31144; and
                    ``(C) the minimum financial responsibility 
                requirements established by the Secretary 
                pursuant to sections 13906 and 31138.
            ``(2) Consideration of evidence; findings.--The 
        Secretary shall consider and, to the extent applicable, 
        make findings on, any evidence demonstrating that the 
        registrant is unable to comply with the requirements of 
        subparagraph (A), (B), or (C) of paragraph (1).
            ``(3) Withholding.--If the Secretary determines 
        that any registrant under this section does not meet 
        the requirements of paragraph (1), the Secretary shall 
        withhold registration.
            ``(4) Limitation on complaints.--The Secretary may 
        hear a complaint from any person concerning a 
        registration under this subsection only on the ground 
        that the registrant fails or will fail to comply with 
        this part, the applicable regulations of the Secretary 
        and the Board, the safety regulations of the Secretary, 
        or the safety fitness or minimum financial 
        responsibility requirements of paragraph (1) of this 
        subsection.
    ``(b) Motor Carriers of Passengers.--
            ``(1) Registration of private recipients of 
        governmental assistance.--The Secretary shall register 
        under subsection (a)(1) a private recipient of 
        governmental assistance to provide special or charter 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 as a motor carrier of passengers if 
        the Secretary finds that the recipient meets the 
        requirements of subsection (a)(1), unless the Secretary 
        finds, on the basis of evidence presented by any person 
        objecting to the registration, that the transportation 
        to be provided pursuant to the registration is not in 
        the public interest.
            ``(2) Registration of public recipients of 
        governmental assistance.--
                    ``(A) Charter transportation.--The 
                Secretary shall register under subsection 
                (a)(1) a public recipient of governmental 
                assistance to provide special or charter 
                transportation subject to jurisdiction under 
                subchapter I of chapter 135 as a motor carrier 
                of passengers if the Secretary finds that--
                            ``(i) the recipient meets the 
                        requirements of subsection (a)(1); and
                            ``(ii)(I) no motor carrier of 
                        passengers (other than a motor carrier 
                        of passengers which is a public 
                        recipient of governmental assistance) 
                        is providing, or is willing to provide, 
                        the transportation; or
                            ``(II) the transportation is to be 
                        provided entirely in the area in which 
                        the public recipient provides regularly 
                        scheduled mass transportation services.
                    ``(B) Regular-route transportation.--The 
                Secretary shall register under subsection 
                (a)(1) a public recipient of governmental 
                assistance to provide regular-route 
                transportation subject to jurisdiction under 
                subchapter I of chapter 135 as a motor carrier 
                of passengers if the Secretary finds that the 
                recipient meets the requirements of subsection 
                (a)(1), unless the Secretary finds, on the 
                basis of evidence presented by any person 
                objecting to the registration, that the 
                transportation to be provided pursuant to the 
                registration is not in the public interest.
                    ``(C) Treatment of certain public 
                recipients.--Any public recipient of 
                governmental assistance which is providing or 
                seeking to provide transportation of passengers 
                subject to jurisdiction under subchapter I of 
                chapter 135 shall, for purposes of this part, 
                be treated as a person which is providing or 
                seeking to provide transportation of passengers 
                subject to such jurisdiction.
            ``(3) Intrastate transportation by interstate 
        carriers.--A motor carrier of passengers that is 
        registered by the Secretary under subsection (a) is 
        authorized to provide regular-route transportation 
        entirely in one State as a motor carrier of passengers 
        if such intrastate transportation is to be provided on 
        a route over which the carrier provides interstate 
        transportation of passengers.
            ``(4) Preemption of state regulation regarding 
        certain service.--No State or political subdivision 
        thereof and no interstate agency or other political 
        agency of 2 or more States shall enact or enforce any 
        law, rule, regulation, standard or other provision 
        having the force and effect of law relating to the 
        provision of pickup and delivery of express packages, 
        newspapers, or mail in a commercial zone if the 
        shipment has had or will have a prior or subsequent 
        movement by bus in intrastate commerce and, if a city 
        within the commercial zone, is served by a motor 
        carrier of passengers providing regular-route 
        transportation of passengers subject to jurisdiction 
        under subchapter I of chapter 135.
            ``(5) Jurisdiction over certain intrastate 
        transportation.--Any intrastate transportation 
        authorized by this subsection shall be treated as 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 until such time as the carrier takes 
        such action as is necessary to establish under the laws 
        of such State rates, rules, and practices applicable to 
        such transportation, but in no case later than the 30th 
        day following the date on which the motor carrier of 
        passengers first begins providing transportation 
        entirely in one State under this paragraph.
            ``(6) Special operations.--This subsection shall 
        not apply to any regular-route transportation of 
        passengers provided entirely in one State which is in 
        the nature of a special operation.
            ``(7) Suspension or revocation.--Intrastate 
        transportation authorized under this subsection may be 
        suspended or revoked by the Secretary under section 
        13905 of this title at any time.
            ``(8) Definitions.--In this subsection, the 
        following definitions apply:
                    ``(A) Public recipient of governmental 
                assistance.--The term `public recipient of 
                governmental assistance' means--
                            ``(i) any State,
                            ``(ii) any municipality or other 
                        political subdivision of a State,
                            ``(iii) any public agency or 
                        instrumentality of one or more States 
                        and municipalities and political 
                        subdivisions of a State,
                            ``(iv) any Indian tribe,
                            ``(v) any corporation, board, or 
                        other person owned or controlled by any 
                        entity described in clause (i), (ii), 
                        (iii), or (iv), and

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

``Sec. 13903. Registration of freight forwarders

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

``Sec. 13904. Registration of brokers

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

``Sec. 13905. Effective periods of registration

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

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

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

``Sec. 13907. Household goods agents

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

``Sec. 13908. Registration and other reforms

    ``(a) Regulations Replacing Certain Programs.--The 
Secretary, in cooperation with the States, and after notice and 
opportunity for public comment, shall issue regulations to 
replace the current Department of Transportation identification 
number system, the single State registration system under 
section 14504, the registration system contained in this 
chapter, and the financial responsibility information system 
under section 13906 with a single, on-line, Federal system. The 
new system shall serve as a clearinghouse and depository of 
information on and identification of all foreign and domestic 
motor carriers, brokers, and freight forwarders, and others 
required to register with the Department as well as information 
on safety fitness and compliance with required levels of 
financial responsibility. In issuing the regulations, the 
Secretary shall consider whether or not to integrate the 
requirements of section 13304 into the new system and may 
integrate such requirements into the new system.
    ``(b) Factors To Be Considered.--In conducting the 
rulemaking under subsection (a), the Secretary shall, at a 
minimum, consider the following factors:
            ``(1) Funding for State enforcement of motor 
        carrier safety regulations.
            ``(2) Whether the existing single State 
        registration system is duplicative and burdensome.
            ``(3) The justification and need for collecting the 
        statutory fee for such system under section 
        14504(c)(2)(B)(iv).
            ``(4) The public safety.
            ``(5) The efficient delivery of transportation 
        services.
            ``(6) How, and under what conditions, to extend the 
        registration system to motor private carriers and to 
        carriers exempt under sections 13502, 13503, and 13506.
    ``(c) Fee System.--The Secretary may establish, under 
section 9701 of title 31, a fee system for registration and 
filing evidence of financial responsibility under the new 
system under subsection (a). Fees collected under the fee 
system shall cover the costs of operating and upgrading the 
registration system, including all personnel costs associated 
with the system. Fees collected under this subsection may be 
credited to the Department of Transportation appropriations 
account for purposes for which such fees are collected, and 
shall be available for expenditure until expended.
    ``(d) State Registration Programs.--If the Secretary 
determines that no State should require insurance filings or 
collect fees for such filings (including filings and fees 
authorized under section 14504), the Secretary may prevent any 
State or political subdivision thereof, or any political 
authority of 2 or more States, from imposing any insurance 
filing requirements or fees that are for the same purposes as 
filings or fees the Secretary requires under the new system 
under subsection (a). The Secretary may not take any action 
pursuant to this subsection unless--
            ``(1) fees that will be collected by the Secretary 
        under subsection (c) and distributed in each fiscal 
        year to the States will provide each State with at 
        least as much revenue as that State received in fiscal 
        year 1995 under section 11506, as in effect on the day 
        before the effective date of this section; and
            ``(2) all States will receive from the distribution 
        of such fees a minimum apportionment.
    ``(e) Deadline for Conclusion; Modifications.--Not later 
than 24 months after the effective date of this section, the 
Secretary--
            ``(1) shall conclude the rulemaking under this 
        section;
            ``(2) may implement such changes under this section 
        as the Secretary considers appropriate and in the 
        public interest; and
            ``(3) shall transmit to Congress a report on any 
        findings of the rulemaking and the changes being 
        implemented under this section, together with such 
        recommendations for legislative language necessary to 
        conform this part to such changes.

                 ``CHAPTER 141--OPERATIONS OF CARRIERS

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

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

                  ``SUBCHAPTER II--REPORTS AND RECORDS

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

                  ``SUBCHAPTER I--GENERAL REQUIREMENTS

``Sec. 14101. Providing transportation and service

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

``Sec. 14102. Leased motor vehicles

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

``Sec. 14103. Loading and unloading motor vehicles

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

``Sec. 14104. Household goods carrier operations

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

                  ``SUBCHAPTER II--REPORTS AND RECORDS

``Sec. 14121. Definitions

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

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

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

``Sec. 14123. Financial reporting

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

                         ``CHAPTER 143--FINANCE

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

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

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

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

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

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

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

                 ``CHAPTER 145--FEDERAL-STATE RELATIONS

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

``Sec. 14501. Federal authority over intrastate transportation

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

                if such law, regulation, or provision meets the 
                requirements of subparagraph (B).
                    ``(B) Requirements.--A law, regulation, or 
                provision of a State, political subdivision, or 
                political authority meets the requirements of 
                this subparagraph if--
                            ``(i) the law, regulation, or 
                        provision covers the same subject 
                        matter as, and compliance with such 
                        law, regulation, or provision is no 
                        more burdensome than compliance with, a 
                        provision of this part or a regulation 
                        issued by the Secretary or the Board 
                        under this part; and
                            ``(ii) the law, regulation, or 
                        provision only applies to a carrier 
                        upon request of such carrier.
                    ``(C) Election.--Notwithstanding any other 
                provision of law, a carrier affiliated with a 
                direct air carrier through common controlling 
                ownership may elect to be subject to a law, 
                regulation, or provision of a State, political 
                subdivision, or political authority under this 
                paragraph.
            ``(4) Nonapplicability to hawaii.--This subsection 
        shall not apply with respect to the State of Hawaii.

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

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

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

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

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

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

``Sec. 14505. State tax

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

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

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

``Sec. 14701. General authority

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

``Sec. 14702. Enforcement by the regulatory authority

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

``Sec. 14703. Enforcement by the Attorney General

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

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

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

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

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

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

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

``Sec. 14707. Private enforcement of registration requirement

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

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

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

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

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

              ``CHAPTER 149--CIVIL AND CRIMINAL PENALTIES

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

``Sec. 14901. General civil penalties

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

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

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

``Sec. 14903. Tariff violations

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

``Sec. 14904. Additional rate violations

    ``(a) Rebates by Agents.--A person, or an officer, 
employee, or agent of that person, that--
            ``(1) offers, grants, gives, solicits, accepts, or 
        receives a rebate for concession, in violation of a 
        provision of this part related to motor carrier 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135; or
            ``(2) by any means assists or permits another 
        person to get transportation that is subject to 
        jurisdiction under that subchapter at less than the 
        rate in effect for that transportation under section 
        13702,

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

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

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

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

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

``Sec. 14907. Recordkeeping and reporting violations

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

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

``Sec. 14908. Unlawful disclosure of information

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

``Sec. 14909. Disobedience to subpoenas

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

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

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

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

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

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

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

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

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

``Sec. 14914. Civil penalty procedures

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

SEC. 104. MISCELLANEOUS MOTOR CARRIER PROVISIONS.

    (a) Grants to States.--Section 31102(b)(1) of title 49, 
United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph 
        (O);
            (2) by striking the period at the end of 
        subparagraph (P) and inserting in lieu thereof ``; 
        and''; and
            (3) by adding at the end the following:
            ``(Q) ensures that the State will cooperate in the 
        enforcement of registration and financial 
        responsibility requirements under sections 31140 and 
        31146, or regulations issued thereunder.''
    (b) Transport Vehicles for Off-Road, Competition 
Vehicles.--Section 31111(b)(1) of such title is amended--
            (1) by striking ``or'' at the end of subparagraph 
        (C);
            (2) by striking the period at the end of 
        subparagraph (D) and inserting in lieu thereof a 
        semicolon and ``or''; and
            (3) by adding at the end thereof the following:
            ``(E) imposes a limitation of less than 46 feet on 
        the distance from the kingpin to the center of the rear 
        axle on trailers used exclusively or primarily in 
        connection with motorsports competition events.''.
    (c) Multiple Insurers.--Section 31138(c) of such title is 
amended by adding at the end the following new paragraph:
    ``(3) A motor carrier may obtain the required amount of 
financial responsibility from more than one source provided the 
cumulative amount is equal to the minimum requirements of this 
section.''.
    (d) Minimum Financial Responsibility Requirements With 
Respect to Certain Transportation Service.--Section 31138(e) is 
amended--
            (1) by striking ``or'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph 
        (3) and inserting in lieu thereof ``; or''; and
            (3) by adding at the end the following:
            ``(4) providing transportation service within a 
        transit service area under an agreement with a Federal, 
        State, or local government funded, in whole or in part, 
        with a grant under section 5307, 5310, or 5311, 
        including transportation designed and carried out to 
        meet the special needs of elderly individuals and 
        individuals with disabilities; except that, in any case 
        in which the transit service area is located in more 
        than 1 State, the minimum level of financial 
        responsibility for such motor vehicle will be at least 
        the highest level required for any of such States.''.
    (e) Transporters of Property.--Section 31139(e) of such 
title is amended by adding at the end the following:
    ``(3) A motor carrier may obtain the required amount of 
financial responsibility from more than one source provided the 
cumulative amount is equal to the minimum requirements of this 
section.''.
    (f) Commercial Motor Vehicle Defined.--Section 31132(1) of 
such title is amended--
            (1) by redesignating subparagraph (C) as 
        subparagraph (D); and
            (2) by striking subparagraph (B) and inserting in 
        lieu thereof the following:
                    ``(B) is designed or used to transport 
                passengers for compensation, but excluding 
                vehicles providing taxicab service and having a 
                capacity of not more than 6 passengers and not 
                operated on a regular route or between 
                specified places;
                    ``(C) is designed or used to transport more 
                than 15 passengers, including the driver, and 
                is not used to transport passengers for 
                compensation; or''.
    (g) Safety Fitness of Owners and Operators.--Section 31144 
of such title is amended--
            (1) the first sentence of subsection (a) by 
        striking ``In cooperation with the Interstate Commerce 
        Commission, the'' and inserting in lieu thereof 
        ``The'';
            (2) in such sentence by striking ``sections 10922 
        and 10923'' and inserting in lieu thereof ``section 
        13902'';
            (3) in subsection (a)(1)(C) by striking ``and the 
        Commission''; and
            (4) by striking subsection (b) and inserting in 
        lieu thereof the following:
    ``(b) Findings and Action on Registrations.--The Secretary 
shall find that a person seeking to register as a motor carrier 
is unfit if such person does not meet the safety fitness 
requirements established under subsection (a) and shall not 
register such person.''.
    (h) Self-Insurance Rules.--The Secretary of Transportation 
shall continue to enforce the rules and regulations of the 
Interstate Commerce Commission, as in effect on July 1, 1995, 
governing the qualifications for approval of a motor carrier as 
a self-insurer, until such time as the Secretary finds it in 
the public interest to revise such rules. The revised rules 
must provide for--
            (1) continued ability of motor carriers to qualify 
        as self-insurers; and
            (2) the continued qualification of all carriers 
        then so qualified under the terms and conditions set by 
        the Interstate Commerce Commission or Secretary at the 
        time of qualification.

SEC. 105. CREDITABILITY OF ANNUAL LEAVE FOR PURPOSES OF MEETING MINIMUM 
                    ELIGIBILITY REQUIREMENTS FOR AN IMMEDIATE ANNUITY.

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

SEC. 106. PIPELINE CARRIER PROVISIONS.

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

                      ``PART C--PIPELINE CARRIERS

                   ``CHAPTER 151--GENERAL PROVISIONS

                    ``CHAPTER 151--GENERAL PROVISIONS

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

``Sec. 15101. Transportation policy

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

``Sec. 15102. Definitions

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

``Sec. 15103. Remedies as cumulative

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

                      ``CHAPTER 153--JURISDICTION

                       ``CHAPTER 153--JURISDICTION

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

``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

                  ``Subchapter A--General Requirements

``15701. Providing transportation and service.

                 ``Subchapter B--Operations of Carriers

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

                  ``Subchapter A--General Requirements

``Sec. 15701. Providing transportation and service

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

                 ``Subchapter B--Operations of Carriers

``Sec. 15721. Definitions

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

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

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

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

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

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

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

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

``Sec. 15901. General authority

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

``Sec. 15902. Enforcement by the Board

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

``Sec. 15903. Enforcement by the Attorney General

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

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

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

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

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

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

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

    ``(a) General Liability.--A pipeline carrier providing 
transportation or service subject to this part shall issue a 
receipt or bill of lading for property it receives for 
transportation under this part. That carrier and any other 
carrier that delivers the property and is providing 
transportation or service subject to jurisdiction under this 
part are liable to the person entitled to recover under the 
receipt or bill of lading. The liability imposed under this 
subsection is for the actual loss or injury to the property 
caused by the carrier over whose line or route the property is 
transported in the United States or from a place in the United 
States to a place in an adjacent foreign country when 
transported under a through bill of lading. Failure to issue a 
receipt or bill of lading does not affect the liability of a 
carrier.
    ``(b) Apportionment.--The carrier issuing the receipt or 
bill of lading under subsection (a) or delivering the property 
for which the receipt or bill of lading was issued is entitled 
to recover from the carrier over whose line or route the loss 
or injury occurred the amount required to be paid to the owners 
of the property, as evidenced by a receipt, judgment, or 
transcript, and the amount of its expenses reasonably incurred 
in defending a civil action brought by that person.
    ``(c) Civil Actions.--A civil action under this section may 
be brought against a delivering carrier in a district court of 
the United States or in a State court. Trial, if the action is 
brought in a district court of the United States is in a 
judicial district, and if in a State court, is in a State, 
through which the defendant carrier operates a line or route.
    ``(d) Minimum Period for Filing Claims.--A pipeline carrier 
may not provide by rule, contract, or otherwise, a period of 
less than 9 months for filing a claim against it under this 
section and a period of less than 2 years for bringing a civil 
action against it under this section. The period for bringing a 
civil action is 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) In General.--Except as otherwise provided in this 
section, a pipeline carrier providing transportation subject to 
this part, an officer or agent of that carrier, or a receiver, 
trustee, lessee, or agent of one of them, knowingly violating 
this part or an order of the Board under this part is liable to 
the United States for a civil penalty of not more than $5,000 
for each violation. Liability under this subsection is incurred 
for each distinct violation. A separate violation occurs for 
each day the violation continues.
    ``(b) Recordkeeping and Reporting.--
            ``(1) Records.--A person required under chapter 157 
        to make, prepare, preserve, or submit to the Board a 
        record concerning transportation subject to this part 
        that does not make, prepare, preserve, or submit that 
        record as required under that chapter, is liable to the 
        United States for a civil penalty of $500 for each 
        violation.
            ``(2) Inspection.--A carrier providing 
        transportation subject to this part, and a lessor, 
        receiver, or trustee of that carrier, violating section 
        15722, is liable to the United States for a civil 
        penalty of $100 for each violation.
            ``(3) Reports.--A carrier providing transportation 
        subject to the jurisdiction of the Board under this 
        part, a lessor, receiver, or trustee of that carrier, 
        and an officer, agent, or employee of one of them, 
        required to make a report to the Board or answer a 
        question that does not make the report or does not 
        specifically, completely, and truthfully answer the 
        question, is liable to the United States for a civil 
        penalty of $100 for each violation.
            ``(4) Continued violation.--A separate violation 
        occurs for each day a violation under this subsection 
        continues.
    ``(d) Venue.--Trial in a civil action under this section is 
in the judicial district in which the carrier has its principal 
operating office.

``Sec. 16102. Recordkeeping and reporting violations

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

``Sec. 16103. Unlawful disclosure of information

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

``Sec. 16104. Disobedience to subpenas

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

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

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

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

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

                 TITLE II--SURFACE TRANSPORTATION BOARD

SEC. 201. TITLE 49 AMENDMENT.

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

               ``CHAPTER 7--SURFACE TRANSPORTATION BOARD

                      ``SUBCHAPTER I--ESTABLISHMENT

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

                     ``SUBCHAPTER II--ADMINISTRATIVE

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

                     ``SUBCHAPTER I--ESTABLISHMENT

``Sec. 701. Establishment of Board

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

``Sec. 702. Functions

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

``Sec. 703. Administrative provisions

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

``Sec. 704. Annual report

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

``Sec. 705. Authorization of appropriations

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

``Sec. 706. Reporting official action

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

                    ``SUBCHAPTER II--ADMINISTRATIVE

``Sec. 721. Powers

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

``Sec. 722. Board action

    ``(a) Effective Date of Actions.--Unless otherwise provided 
in subtitle IV, the Board may determine, within a reasonable 
time, when its actions, other than an action ordering the 
payment of money, take effect.
    ``(b) Terminating and Changing Actions.--An action of the 
Board remains in effect under its own terms or until 
superseded. The Board may change, suspend, or set aside any 
such action on notice. Notice may be given in a manner 
determined by the Board. A court of competent jurisdiction may 
suspend or set aside any such action.
    ``(c) Reconsidering Actions.--The Board may, at any time on 
its own initiative because of material error, new evidence, or 
substantially changed circumstances--
            ``(1) reopen a proceeding;
            ``(2) grant rehearing, reargument, or 
        reconsideration of an action of the Board; or
            ``(3) change an action of the Board.

An interested party may petition to reopen and reconsider an 
action of the Board under this subsection under regulations of 
the Board.
    ``(d) Finality of Actions.--Notwithstanding subtitle IV, an 
action of the Board under this section is final on the date on 
which it is served, and a civil action to enforce, enjoin, 
suspend, or set aside the action may be filed after that date.

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

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

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

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

``Sec. 725. Administrative support

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

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

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

``Sec. 727. Definitions

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

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

SEC. 202. REORGANIZATION.

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

SEC. 203. TRANSFER OF ASSETS AND PERSONNEL.

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

SEC. 204. SAVING PROVISIONS.

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

SEC. 205. REFERENCES.

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

                    TITLE III--CONFORMING AMENDMENTS

              Subtitle A--Amendments to United States Code

SEC. 301. TITLE 5 AMENDMENTS.

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

SEC. 302. TITLE 11 AMENDMENTS.

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

``Sec. 1162. Definition

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

SEC. 303. TITLE 18 AMENDMENTS.

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

SEC. 304. INTERNAL REVENUE CODE OF 1986 AMENDMENTS.

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

SEC. 305. TITLE 28 AMENDMENTS.

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

SEC. 306. TITLE 31 AMENDMENTS.

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

SEC. 307. TITLE 39 AMENDMENTS.

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

SEC. 308. TITLE 49 AMENDMENTS.

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

                      Subtitle B--Other Amendments

SEC. 311. AGRICULTURAL ADJUSTMENT ACT OF 1938 AMENDMENTS.

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

SEC. 312. ANIMAL WELFARE ACT AMENDMENT.

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

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

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

SEC. 314. FAIR CREDIT REPORTING ACT AMENDMENT.

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

SEC. 315. EQUAL CREDIT OPPORTUNITY ACT AMENDMENT.

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

SEC. 316. FAIR DEBT COLLECTION PRACTICES ACT AMENDMENT.

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

SEC. 317. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.

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

SEC. 318. CLAYTON ACT AMENDMENTS.

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

SEC. 319. INSPECTOR GENERAL ACT OF 1978 AMENDMENT.

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

SEC. 320. ENERGY POLICY ACT OF 1992 AMENDMENTS.

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

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

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

SEC. 322. RAILWAY LABOR ACT AMENDMENTS.

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

SEC. 323. RAILROAD RETIREMENT ACT OF 1974 AMENDMENTS.

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

SEC. 324. RAILROAD UNEMPLOYMENT INSURANCE ACT AMENDMENTS.

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

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

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

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

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

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

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


           ``class ii railroads receiving federal assistance


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

SEC. 328. MILWAUKEE RAILROAD RESTRUCTURING ACT AMENDMENT.

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

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

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

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

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

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

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

SEC. 332. CONRAIL PRIVATIZATION ACT AMENDMENT.

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

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

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

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

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

SEC. 335. TERMINATION OF CERTAIN MARITIME AUTHORITY.

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

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

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

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

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

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

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

SEC. 339. NOISE CONTROL ACT OF 1972 AMENDMENT.

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

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

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

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. CERTAIN COMMERCIAL SPACE LAUNCH ACTIVITIES.

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

SEC. 402. DESTRUCTION OF MOTOR VEHICLES OR MOTOR VEHICLE FACILITIES; 
                    WRECKING TRAINS.

    (a) Destruction of Motor Vehicles or Motor Vehicle 
Facilities.--Section 33 of title 18, United States Code, is 
amended--
            (1) by inserting ``(a)'' before ``Whoever'' the 
        first place it appears; and
            (2) by adding at the end the following:
    ``(b) Whoever is convicted of a violation of subsection (a) 
involving a motor vehicle that, at the time the violation 
occurred, carried high-level radioactive waste (as that term is 
defined in section 2(12) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101(12))) or spent nuclear fuel (as that term 
is defined in section 2(23) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101(23))), shall be fined under this title 
and imprisoned for any term of years not less than 30, or for 
life.''.
    (b) Wrecking Trains.--Section 1992 of such title is 
amended--
            (1) by inserting ``(a)'' before ``Whoever'' the 
        first place it appears;
            (2) by inserting ``(b)'' before ``Whoever is 
        convicted'';
            (3) striking ``any such crime, which'' and 
        inserting ``a violation of subsection (a) that'';
            (4) by inserting after the paragraph beginning 
        ``Whoever is convicted'' the following:
    ``Whoever is convicted of any such violation involving a 
train that, at the time the violation occurred, carried high-
level radioactive waste (as that term is defined in section 
2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(12))) or spent nuclear fuel (as that term is defined in 
section 2(23) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101(23))), shall be fined under this title and 
imprisoned for any term or years not less than 30, or for 
life.''; and
            (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 Designation Act of 1995 (Public Law 
104-59) is amended--
            (1) in section 312(b) (109 Stat. 584) by striking 
        ``of such title'' and inserting in lieu thereof ``of 
        title 23, United States Code'';
            (2) in section 319(b)(3) (109 Stat. 589) by 
        striking ``at the end'' and inserting in lieu thereof 
        ``after paragraph (3)'';
            (3) in section 332(a)(1)(C)(iii) (109 Stat. 596) by 
        inserting closing quotation marks after ``Mexico'';
            (4) in section 336(1) (109 Stat. 602)--
                    (A) by striking ``for'' each place it 
                appears; and
                    (B) by inserting ``for'' after ``million'' 
                each place it appears; and
            (5) by inserting closing quotation marks and a 
        period after the period at the end of section 
        337(c)(1)(B) (109 Stat. 603).
    (b) Title 23.--Section 149(b) of title 23, United States 
Code, is amended--
            (1) by inserting ``or'' after the semicolon at the 
        end of paragraph (3); and
            (2) by striking ``; or'' at the end of paragraph 
        (4) and inserting a period.
    (c) ISTEA.--Section 1069(v) of the International Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2010) is 
amended by striking the period at the end of the first 
sentence.

SEC. 406. FIBER DRUM PACKAGING.

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

SEC. 407. NONCONTIGUOUS DOMESTIC TRADE STUDY.

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

SEC. 408. FEDERAL HIGHWAY ADMINISTRATION RULEMAKING.

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

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

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

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

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

          Title I--Abolition of Interstate Commerce Commission

SECTION 101. ABOLITION.

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

SEC. 102. RAIL PROVISIONS.

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

                 SUBTITLE IV--INTERSTATE TRANSPORTATION

                              Part A--Rail

                    Chapter 101--General Provisions

SEC. 10101. RAIL TRANSPORTATION POLICY.

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

SEC. 10102. DEFINITIONS.

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

                       Chapter 105--Jurisdiction

SEC. 10501. GENERAL JURISDICTION.

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

SEC. 10502. AUTHORITY TO EXEMPT RAIL CARRIER TRANSPORTATION.

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

                           Chapter 107--Rates

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

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

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

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

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

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

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

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

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

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

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

House provision
      In replacing the rail portions of former Section 10706, 
this provision (10506) maintains the existing system of 
approval of multi-carrier ratemaking agreements and scope of 
immunity, once approved by the agency, from challenge under the 
antitrust laws.
Senate amendment
      Section 313 (Antitrust Exemption for Rate Agreements) 
amends 49 U.S.C. 10706, which allows discretionary approval of 
certain collective activity by carriers and confers antitrust 
immunity on such approved activity. It removes as unnecessary a 
requirement for periodic review of approvals granted for 
collective activities. This change would not affect the Board's 
authority to reconsider an approval at any time as the need 
arises. Similarly, it removes a requirement for the Federal 
Trade Commission, in consultation with the Antitrust Division 
of the Department of Justice, to periodically assess (and 
report to the Board on) collective activity authorized by the 
Board. Such assessments and reports may be made at any time.
      Other changes remove expired provisions, remove 
provisions regarding entities not regulated under Part A, 
correct a typographical error, supply an actual date, and make 
conforming changes.
Conference substitute
      The Conference provision incorporates changes from House 
bill and the Senate amendment. It retains the requirement for 
monitoring by the Department of Justice and the Federal Trade 
Commission.

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

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

SEC. 10708. RAIL COST ADJUSTMENT FACTOR.

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

SEC. 10709. CONTRACTS.

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

                  Subchapter II--Special Circumstances

SEC. 10721. GOVERNMENT TRAFFIC.

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

SEC. 10722. CAR UTILIZATION.

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

                      Subchapter III--Limitations

SEC. 10741. PROHIBITIONS AGAINST DISCRIMINATION BY RAIL CARRIERS.

House provision
      This section (10541) contains the relevant rail portions 
of former section 10741, and prohibits unreasonable 
discrimination by rail carriers against a shipper or other 
entity providing rail traffic to the carrier. References to 
provisions amended or repealed elsewhere in the bill are also 
eliminated.
Senate amendment
      Section 321 (Prohibitions Against Discrimination by 
Common Carriers) amends 49 U.S.C. 10741, which prohibits 
kickbacks and unreasonable discrimination, only with conforming 
changes, thus retaining the present standards governing 
discrimination by common carriers.
Conference substitute
      This Conference provision reflects the language of the 
House bill.

SEC. 10742. FACILITIES FOR INTERCHANGE OF TRAFFIC.

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

SEC. 10743. LIABILITY FOR PAYMENT OF RATES.

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

SEC. 10744. CONTINUOUS CARRIAGE OF FREIGHT.

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

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

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

SEC. 10746. DEMURRAGE CHARGES.

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

                         Chapter 109--Licensing

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

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

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

House provision
            1. Construction and operation cases
      This new provision (10702) includes the authority of the 
agency to approve acquisition, construction, and operation of 
rail lines by Class II and Class III railroads and by 
noncarriers, previously governed by former Section 10901. 
Section 10702 is intended to avoid the protracted regulatory 
and court litigation generated by the former dichotomy between 
``carrier'' and ``noncarrier'' transactions and the consequent 
applicability or inapplicability of mandatory ``carrier'' labor 
protection requirements. Instead, this new provision, in 
combination with Section 10701, establishes a clear statutory 
division between transactions involving large Class I railroads 
on one hand and smaller railroads on the other. This should 
promote clearer and more expeditious handling of the affected 
transactions, and avoid imposing additional and sometimes 
potentially fatal costs on start-up operations of smaller 
railroads who often can keep rail lines in service, even if not 
viable as part of a larger carrier's system.
      As to line acquisitions by Class II railroads, the House 
provision requires 1 year of mandatory labor protection in the 
form of severance pay, computed under the standards of section 
11126(b). No labor protection requirement is imposed on 
acquisitions by Class III railroads.
Senate amendment
      Section 330 (Authorizing Construction and Operation of 
Railroad Lines) amends 49 U.S.C. 10901, under which the 
construction of new rail lines and the operations of new rail 
carriers must be authorized to reduce the level of employee 
protection that may be imposed by the Board on smaller carriers 
and noncarriers. While employee protective conditions have not 
often been required for such new operations, the minimum level 
of protection available, if protection was imposed, was 
inordinately high (up to 6 years of salary protection). As 
amended, the maximum level of protection that could be imposed 
on smaller carriers and noncarrier entities is reduced to a 
more realistic level: advance notice (the same requirement 
imposed on other industries) and up to one year's salary 
protection, unless the parties voluntarily agree otherwise. In 
addition, labor protection arrangements could only be imposed 
when consistent with the public interest.
Conference substitute
      The Conference provision includes the substantive 
provisions of the House bill. Class II rail carriers acquiring 
a line under this section are subject to a mandatory 1-year 
severance pay requirement for severed employees, computed as 
provided in the House bill. No protection is imposed on Class 
III rail carrier line acquisitions.
      By providing this clear delineation of requirements for 
Class II and Class III rail carriers acquiring rail lines, the 
Conference does not intend to limit the availability of section 
10901 for non-carrier acquisitions. In addition, Class II and 
Class III carriers retain the existing option (as do Class I 
carriers) to obtain approval of inter-carrier transactions 
under section 11323, such as trackage rights agreements under 
section 11323(a)(6). The House references to definitions of 
Class II and Class III rail carriers are deleted as 
unnecessary. The Conference intends to follow the prior 
practice in the Staggers Act and elsewhere of employing the 
Class II and Class III categories formerly established by the 
ICC, and now to be the responsibility of the Surface 
Transportation Board.

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

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

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

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

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

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

SEC. 10906. EXCEPTION.

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

SEC. 10907. RAILROAD DEVELOPMENT.

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

                        Chapter 111--Operations

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

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

SEC. 11102. USE OF TERMINAL FACILITIES.

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

SEC. 11103. SWITCH CONNECTIONS AND TRACKS.

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

                       Subchapter II--Car Service

SEC. 11121. CRITERIA.

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

SEC. 11122. COMPENSATION AND PRACTICE.

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

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

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

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

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

                  Subchapter III--Reports and Records

SEC. 11141. DEFINITIONS.

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

SEC. 11142. UNIFORM ACCOUNTING SYSTEM.

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

SEC. 11143. DEPRECIATION CHARGES.

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

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

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

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

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

                Subchapter IV--Railroad Cost Accounting

SEC. 11161. IMPLEMENTATION OF COST ACCOUNTING PRINCIPLES.

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

SEC. 11162. RAIL CARRIER COST ACCOUNTING SYSTEM.

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

SEC. 11163. COST AVAILABILITY.

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

SEC. 11164. ACCOUNTING AND COST REPORTING.

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

                          Chapter 113--Finance

         Subchapter I--Equipment Trusts and Security Interests

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

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

                      Subchapter II--Combinations

SEC. 11321. SCOPE OF AUTHORITY.

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

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

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

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

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

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

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

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

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

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

House provision
      This provision (11126), which replaces former section 
11347, continues the requirements for mandatory imposition of 
labor protection benefits (severance and salary and benefit 
protection) in subsection (a) for transactions between Class I 
railroads and between Class II railroads. These include 
mergers, trackage rights transactions, and abandonments.
      Subsection (b) establishes a separate labor protection 
standard for mergers between Class II and Class III railroads. 
Instead of the existing ICC standard of mandatory (``New York 
Dock'') labor protection involving 1 year of salary and benefit 
protection for each year of prior service up to a maximum of 6 
years (now applicable to all merger and related transactions 
among railroads of any size), Class II-Class III mergers would 
be subject to a mandatory protection requirement of 1 year of 
severance pay as defined in subsection (b). There would also be 
separate limitations on Class II-Class III mergers and 
acquisitions, including limitations contained in section 
11124(e) on the effect of the transaction on collective 
bargaining agreements and on shifting of work between union and 
nonunion carriers.
Senate amendment
      Section 355 of the Senate amendment made no changes to 
former section 11347 and retained existing law on labor 
protection in mergers and inter-carrier transactions, with only 
conforming changes.
Conference substitute
      The Conference provision includes the requirements from 
the House bill specifying a separate labor protection regime 
for Class II-Class III mergers. However, the Conference 
provision also includes the option, at the applicant's 
discretion, of seeking approval of a Class II-Class III merger 
or similar transaction using existing law, which includes the 
mandatory New York Dock labor protection requirements of up to 
6 years of pay. Thus, as to this category of transactions, both 
the House and Senate positions are embodied in the Conference 
provision.

SEC. 11327. SUPPLEMENTAL ORDERS.

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

                  Chapter 115--Federal-State Relations

SEC. 11501. TAX DISCRIMINATION AGAINST RAIL TRANSPORTATION PROPERTY.

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

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

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

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

SEC. 11701. GENERAL AUTHORITY.

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

SEC. 11702. ENFORCEMENT BY THE BOARD.

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

SEC. 11703. ENFORCEMENT BY THE ATTORNEY GENERAL.

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

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

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

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

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

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

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

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

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

               Chapter 119--Civil and Criminal Penalties

                        general civil penalties

SEC. 11901. GENERAL CIVIL PENALTIES.

House bill
      Section 11701 reenacts without substantive change the 
existing civil penalties applicable to rail carriers under 
former section 11901.
Senate amendment
      Section 367 (General Civil Penalties) amends 49 U.S.C. 
11901, which contains general civil penalties for violating 
Part A, to remove penalties related to provisions that are 
repealed from Part A and to make conforming changes.
Conference substitute
      The Conference adopts the House provision with 
modifications. The Conference provision deletes the specific 
penalties provided for in former sections 11903, 11904, and 
11912 in view of the availability of the general penalty under 
this section, which would cover those situations. Deletion of 
penalties for accepting rebates under former section 11902 is 
not intended to sanction such conduct, which would be 
actionable under other laws.

SEC. 11902. INTERFERENCE WITH RAILROAD CAR SUPPLY.

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

SEC. 11903. RECORD KEEPING AND REPORTING VIOLATIONS.

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

SEC. 11904. UNLAWFUL DISCLOSURE OF INFORMATION.

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

SEC. 11905. DISOBEDIENCE TO SUBPOENAS.

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

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

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

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

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

SEC. 11908. OTHER FEDERAL CRIMINAL PENALTIES.

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

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

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

                    Chapter 131--General Provisions

                         transportation policy

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

                              definitions

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

                                remedies

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

                 Chapter 133--Administrative Provisions

                                 powers

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

                              intervention

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

                           service of notice

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

                           service of process

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

                       Chapter 135--Jurisdiction

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

                                 alaska

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

                             terminal areas

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

                      transportation in one state

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

                            primary business

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

                        miscellaneous exemptions

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

                              mixed loads

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

                        cooperative associations

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

              Subchapter II--Water Carrier Transportation

                              jurisdiction

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

               Subchapter III--Freight Forwarder Service

                              jurisdiction

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

                   Subchapter IV--Authority to Exempt

                          exemption authority

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

                 Chapter 137--Rates and Through Routes

                            reasonable rates

House bill
      Sec. 13701. Requirements for rates, classifications, 
through routes, rules, and practices for certain 
transportation. This section virtually eliminates existing ICC 
motor carrier rate regulation by limiting the rate 
reasonableness requirement only to household goods movements, a 
movement by or with a water carrier in non-contiguous domestic 
trade and collective rates, rules and classification under an 
agreement pursuant to section 13709. The section maintains the 
current basic rate reasonableness requirements for these three 
limited areas and transfers the regulatory authority to the 
Panel to prescribe a rate when the carrier's rate is not 
reasonable. Zone of reasonableness provisions for water 
carriers are included.
Senate amendment
      Sec. 13701 (Requirements for rates, classifications, 
through routes, rules, and practices for certain 
transportation) retains rate regulation for two categories of 
traffic under Part B: (1) residential household goods movements 
and (2) joint-rate water-motor movements in non-contiguous 
domestic trade. For the two categories of traffic for which 
rates would be regulated, subsection (a) would import the basic 
rate reasonableness requirement from existing 49 U.S.C. 10701, 
while subsection (b) would import from existing 49 U.S.C. 10704 
and section 10705 the regulatory authority to prescribe a rate 
when the carrier's rate is unreasonable. The responsibility for 
administering these provisions would be placed with the Board. 
Subsection (d) set forth the requirements for reasonable rate 
determination for noncontiguous domestic trade.
Conference substitute
      The Conference adopts the House provision modified by the 
Senate language in subsection (d) establishing a ``zone of 
reasonableness'' of 7.5 percent (adjusted by the change in the 
Consumer Price Index) above or 10 percent below the rate in 
effect one year prior to the proposed rate for motor carriers 
and port-to-port movements by water carriers in the 
noncontiguous domestic trades.

                          tariff requirements

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

                         COLLECTIVE ACTIVITIES

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

                         HOUSEHOLD GOODS RATES

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

                   THROUGH ROUTES AMONG BUS CARRIERS

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

                         liability for payment

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

                            payment of rates

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

                    billing and collecting practices

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

                        undercharge settlements

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

                   additional undercharge provisions

House bill
      Sec. 13710. Additional motor carrier undercharge 
provisions. This section preserves, and places under the 
Panel's administration, further undercharge procedures enacted 
in the Transportation Regulatory Reform Act of 1994 (TIRRA).
Senate amendment
      Section 13709 (Additional motor carrier undercharge 
provisions) would import and place under the Board's 
administration, the further billing and undercharge procedures 
of existing 49 U.S.C. 10762(a)(3)-(5), enacted in the 
Transportation Regulatory Reform Act of 1994 (TIRRA).
Conference substitute
      The Conference adopts the House provision with a 
modification to subsection (a)(2) relating to rate 
applicability or reasonableness disputes.

                   alternative undercharge procedure

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

                           government traffic

House bill
      Sec. 13712. Government traffic. This section preserves 
current law that transportation may be provided for the U.S. 
Government at discounted rates.
Senate amendment
      Sec. 13711 (Government traffic) contains an identical 
provision.
Conference substitute
      The Conference adopts the provision.

                    food and grocery transportation

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

                       Chapter 139--Registration

                        registration requirement

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

                       motor carrier registration

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

                     freight forwarder registration

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

                          broker registration

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

                        periods of registration

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

                         security requirements

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

                         household goods agents

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

                         reform of registration

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

                  Chapter 141--Operations of Carriers

                   Subchapter I--General Requirements

                        Providing Transportation

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

                            Leased Vehicles

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

                         Loading and unloading

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

                       Household goods operations

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

                   Subchapter II--Reports and Records

                              Definitions

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

                                records

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

                          financial reporting

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

                          Chapter 143--Finance

                           security interests

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

                                pooling

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

                              bus mergers

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

                  Chapter 145--Federal-State Relations

                     preemption of state regulation

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

                           tax discrimination

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

                   withholding of state and local tax

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

                           state registration

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

                               state tax

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

       Chapter 147--Enforcement; Investigations; Rights; Remedies

                               authority

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

                  enforcement by regulatory authority

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

                    enforcement by attorney general

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

                          rights and remedies

House bill
      Sec. 14704. Rights and remedies of persons injured by 
carriers or brokers. This section provides for private 
enforcement of the provisions of the Motor Carrier Act in 
court. This expands the current law, which only permits 
complaints brought under the Act to be brought before the ICC. 
This section provides that an injured person may bring a civil 
action to enforce an order of the Secretary or the Board under 
this part. This section also provides that complaints brought 
to enforce the motor carrier leasing and lumping rules may also 
seek injunctive relief.
Senate amendment
      Sec. 14704 (Rights and remedies of persons injured by 
carriers or brokers) incorporates from 49 U.S.C. 11705 the 
right of an injured person to bring a civil action to enforce 
an order of the Secretary or the Board under Part B. It would 
remove any requirement that an injured person bring the 
complaint to the agency first.
Conference substitute
      The Conference adopts the House provision. The ability to 
seek injunctive relief for motor carrier leasing and lumping 
violations is in addition to and does not in any way preclude 
the right to bring civil actions for damages for such 
violations.

                         limitations on actions

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

                               liability

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

                  private enforcement of registration

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

                   household goods dispute settlement

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

                      tariff reconciliation rules

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

               Chapter 149--Civil and Criminal Penalties

                        general civil penalties

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

                      civil penalties for rebates

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

                           tariff violations

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

                       additional rate violations

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

             penalties for loading and unloading violations

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

                         evasion of regulation

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

                  record keeping, reporting violations

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

                          unlawful disclosure

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

                       disobedience to subpoenas

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

                        general criminal penalty

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

                       punishment of corporation

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

                             weight-bumping

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

                        conclusiveness of rates

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

SEC. 104. MISCELLANEOUS MOTOR CARRIER PROVISIONS.

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

SEC. 105. CREDITABILITY OF ANNUAL LEAVE.

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

SEC. 106. PIPELINE CARRIERS.

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

                 Title II--Surface Transportation Board

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

                      Subchapter I--Establishment

SEC. 701. ESTABLISHMENT OF THE BOARD.

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

SEC. 702. FUNCTIONS.

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

SEC. 703. ADMINISTRATIVE PROVISIONS.

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

SEC. 704. ANNUAL REPORT.

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

SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

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

                        [In millions of dollars]

  Fiscal year:
    1966.......................................................\1\ 8.421
    1997..........................................................  12.0
    1998..........................................................  12.0

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

SEC. 706. REPORTING OFFICIAL ACTION.

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

                     Subchapter II--Administrative

SEC. 721. POWERS.

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

SEC. 722. BOARD ACTION.

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

SEC. 723. SERVICE OF NOTICE IN BOARD PROCEEDINGS.

House bill
      Section 723 specifies the means of giving legal notice in 
agency proceedings.
Senate amendment
      Section 213 (Service of Notice in Commission Proceedings) 
amends 49 U.S.C. 10329, governing service of notice in ICC 
proceedings, to apply to the Board, to remove provisions 
regarding entities not regulated under Part A, and to make 
other conforming changes.
Conference substitute
      The Conference adopts a compromise provision, which 
includes the basic elements of the House and Senate provisions.

SEC. 724. SERVICE OF PROCESS IN COURT PROCEEDINGS.

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

SEC. 725. ADMINISTRATIVE SUPPORT.

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

SEC. 726. RAILROAD-SHIPPER TRANSPORTATION ADVISORY COUNCIL.

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

SEC. 726. DEFINITIONS.

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

SEC. 202. REORGANIZATION.

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

SEC. 203. TRANSFER OF ASSETS AND PERSONNEL.

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

SEC. 204. SAVINGS PROVISION.

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

SEC. 205. REFERENCES.

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

                    Title III--Conforming Amendments

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

                   Title IV--Miscellaneous Provisions

SEC. 401. COMMERCIAL SPACE LAUNCHES.

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

SEC. 402. DESTRUCTION OF MOTOR VEHICLES, TRAINS.

House bill
      This House bill contains no comparable provision.
Senate amendment
      Sec. 218 (Destruction of Motor Vehicles or Motor Vehicle 
Facilities; Wrecking Trains) amends section 33 of title 18 to 
provide that persons convicted of committing crimes involving a 
motor vehicle or a train carrying high-level radioactive waste 
or spent nuclear fuel shall be imprisoned for not less than 30 
years.
Conference substitute
      The Conference adopts the Senate provision in section 402 
of the conference report.

SEC. 403. GRADE CROSSING VIOLATIONS.

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

SEC. 404. MISCELLANEOUS TITLE 23 AMENDMENT.

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

SEC. 405. TECHNICAL AMENDMENTS.

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

SEC. 406. FIBER DRUM PACKAGING.

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

SEC. 407. STUDY OF NONCONTIGUOUS DOMESTIC TRADE.

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

SEC. 408. RULEMAKING.

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

                               DISPOSITION OF INTERSTATE COMMERCE ACT PROVISIONS WITHIN TITLE 49 OF THE UNITED STATES CODE                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
          Prior section                     Part A (Rail)                Part B (Motor, Water)              Part C (Pipeline)               Subject     
--------------------------------------------------------------------------------------------------------------------------------------------------------
10101...........................  ................................  13101..........................  15101..........................  National Transp.  
                                                                                                                                       Policy.          
10101a..........................  101101..........................  ...............................  ...............................  Rail Transp.      
                                                                                                                                       Policy.          
10102...........................  10102...........................  13102..........................  15102..........................  Definitions.      
10103...........................  10501(b)........................  13103..........................  15103..........................  Remedies.         
10301...........................  701.............................  701............................  701............................  Organization.--Gen
                                                                                                                                       eral.            
New.............................  702.............................  702............................  702............................  Transfer of       
                                                                                                                                       functions.       
New.............................  703.............................  703............................  703............................  Independence of   
                                                                                                                                       Board.           
10302...........................  ................................  ...............................  ...............................  Org.--Divisions.  
10303...........................  ................................  ...............................  ...............................  Org.--Secretary.  
10304...........................  ................................  ...............................  ...............................  Org.--Employee    
                                                                                                                                       Boards           
10305...........................  ................................  ...............................  ...............................  Org.--Delegation  
                                                                                                                                       of Auth'y.       
10306...........................  ................................  ...............................  ...............................  Org.--Conduct of  
                                                                                                                                       Proceedings.     
10307...........................  ................................  ...............................  ...............................  Org.--Office and  
                                                                                                                                       sessions.        
10308...........................  703(e)..........................  703(e).........................  703(e).........................  Org.--Admission to
                                                                                                                                       Practice.        
10309...........................  ................................  ...............................  ...............................  Org.--Cong. Access
                                                                                                                                       to records.      
10310...........................  706.............................  706(a).........................  706(a).........................  Org.--Reporting   
                                                                                                                                       official action. 
10311...........................  704.............................  704............................  704............................  Org.--Annual      
                                                                                                                                       Report.          
New.............................  705.............................  705............................  705............................  3-yr.             
                                                                                                                                       Authorization of 
                                                                                                                                       appropriations.  
10321...........................  721.............................  13301..........................  721............................  Powers.           
10322...........................  ................................  ...............................  ...............................  Nonrail           
                                                                                                                                       procedures.      
10323...........................  ................................  ...............................  ...............................  [previously       
                                                                                                                                       repealed]        
10324...........................  722(a)-(b)......................  722(a)-(b).....................  722(a)-(b).....................  Agency action.    
10325...........................  ................................  ...............................  ...............................  [previously       
                                                                                                                                       repealed]        
10326...........................  ................................  ...............................  ...............................  Limitations in    
                                                                                                                                       Rail Rulemakings.
10327...........................  722(c)-(d)......................  722(c)-(d).....................  722(c)-(d).....................  Rail Procedures.  
10328...........................  ................................  13302..........................  ...............................  Intervention.     
10329...........................  723.............................  13303..........................  723............................  Service of notice.
10330...........................  724.............................  13304..........................  724............................  Service of        
                                                                                                                                       process.         
10341-10344.....................  ................................  ...............................  ...............................  Joint Boards.     
10361-10364.....................  ................................  ...............................  ...............................  Rail Services     
                                                                                                                                       Planning Office. 
10381-10388.....................  ................................  ...............................  ...............................  Rail Public       
                                                                                                                                       Counsel.         
New.............................  725.............................  725............................  725............................  Admin. support for
                                                                                                                                       Board.           
New.............................  726.............................  726............................  726............................  Definitions same  
                                                                                                                                       as subtitle IV.  
10501...........................  10501(a), (b)...................  ...............................  15301..........................  Rail/Pipeline     
                                                                                                                                       General          
                                                                                                                                       Jurisdiction.    
10502...........................  ................................  ...............................  ...............................  Express Carrier   
                                                                                                                                       Transportation.  
10503...........................  10703...........................  ...............................  ...............................  Rail-Water        
                                                                                                                                       Connections.     
10504...........................  10501(c)........................  ...............................  ...............................  Exempt rail mass  
                                                                                                                                       transp.          
10505...........................  10502...........................  13541..........................  15302..........................  Exemption Auth'y. 
10521...........................  ................................  13501..........................  ...............................  Motor General     
                                                                                                                                       Jurisdiction.    
10522...........................  ................................  13502..........................  ...............................  Exempt Transp.--  
                                                                                                                                       Alaska.          
10523...........................  ................................  13503..........................  ...............................  Exempt Terminal   
                                                                                                                                       Areas transp.    
10524...........................  ................................  13505..........................  ...............................  Transp. Furthering
                                                                                                                                       Primary Business.
10525...........................  ................................  13504..........................  ...............................  Transp. Entirely  
                                                                                                                                       in 1 State.      
10526...........................  ................................  13506..........................  ...............................  Misc. Motor       
                                                                                                                                       Exemptions.      
10527...........................  ................................  ...............................  ...............................  Written contracts 
                                                                                                                                       for certain      
                                                                                                                                       exempt           
                                                                                                                                       agricultural     
                                                                                                                                       movements.       
10528...........................  ................................  13507..........................  ...............................  Mixed regulated & 
                                                                                                                                       unregulated.     
10529...........................  ................................  13508..........................  ...............................  Cooperative       
                                                                                                                                       Ass'ns.          
10530...........................  ................................  13902(c).......................  ...............................  Foreign Carrier   
                                                                                                                                       registrations.   
10531...........................  ................................  ...............................  ...............................  Mass Transp.      
                                                                                                                                       Exemption.       
10541...........................  ................................  13521..........................  ...............................  Water General     
                                                                                                                                       Jurisdiction.    
10542...........................  ................................  ...............................  ...............................  Water--Exempt bulk
                                                                                                                                       transp.          
10543...........................  ................................  ...............................  ...............................  Water--Exempt     
                                                                                                                                       incidental       
                                                                                                                                       transp.          
10544...........................  ................................  ...............................  ...............................  Water--Misc.      
                                                                                                                                       Exemptions.      
10561...........................  ................................  13531..........................  ...............................  Frt. Forwarder--  
                                                                                                                                       General Jurisd'n.
10701...........................  10701(a), (b)...................  13701(a).......................  15501..........................  Rate Reas. Reqts. 
10701(f)........................  ................................  13709..........................  ...............................  Undercharge       
                                                                                                                                       settlements.     
10701a..........................  10701(c), (d)...................  ...............................  ...............................  Rail Rate Reas.   
                                                                                                                                       Reqts.           
10702...........................  10702...........................  ...............................  15502..........................  Carrier Auth'y to 
                                                                                                                                       set rates.       
10703...........................  10703...........................  13705..........................  ...............................  Carrier Auth'y for
                                                                                                                                       Through Routes.  
10704...........................  10704...........................  13701(b).......................  15503..........................  ICC Auth'y to     
                                                                                                                                       prescribe rates. 
10705...........................  10705...........................  13701(b).......................  ...............................  ICC Auth'y to set 
                                                                                                                                       through routes.  
10705a..........................  ................................  ...............................  ...............................  Joint rate        
                                                                                                                                       surcharges.      
10706...........................  10706...........................  13703..........................  ...............................  Collective        
                                                                                                                                       activities &     
                                                                                                                                       antitrust        
                                                                                                                                       exemption.       
10707...........................  ................................  ...............................  ...............................  Suspension of new 
                                                                                                                                       rail rates.      
10707a..........................  ................................  ...............................  ...............................  Zone of rate      
                                                                                                                                       flexibility.     
10707a(a)(2)(B).................  10708...........................  -----..........................  -----..........................  Rail cost         
                                                                                                                                       adjustment       
                                                                                                                                       factor.          
10708...........................  -----...........................  -----..........................  -----..........................  Suspension of new 
                                                                                                                                       nonrail rates.   
10709...........................  10707...........................  -----..........................  -----..........................  Market Dominance. 
10710...........................  -----...........................  -----..........................  -----..........................  Discrim. against  
                                                                                                                                       recyclables.     
10711...........................  -----...........................  -----..........................  -----..........................  Effect of certain 
                                                                                                                                       sections.        
10712...........................  -----...........................  -----..........................  -----..........................  Inflation-based   
                                                                                                                                       increases.       
10713...........................  10709...........................  -----..........................  -----..........................  Contract transp.  
10721...........................  10721...........................  13712..........................  15504..........................  Govt. Transp.     
10722...........................  -----...........................  -----..........................  -----..........................  Special passenger 
                                                                                                                                       rates.           
10723...........................  -----...........................  -----..........................  -----..........................  Charitable.       
10724...........................  -----...........................  -----..........................  -----..........................  Emergency rates.  
10725...........................  -----...........................  -----..........................  -----..........................  Special frt.      
                                                                                                                                       forwarder rates. 
10726...........................  -----...........................  -----..........................  -----..........................  Long- and short-  
                                                                                                                                       haul rates.      
                                                                                                                                       transp.          
10727...........................  -----...........................  -----..........................  -----..........................  [previously       
                                                                                                                                       repealed].       
10728...........................  -----...........................  -----..........................  -----..........................  Separate rates for
                                                                                                                                       distinct         
                                                                                                                                       services.        
10729...........................  -----...........................  -----..........................  -----..........................  [previously       
                                                                                                                                       repealed].       
10730...........................  11706(c)(3).....................  -----..........................  -----..........................  Released rates.   
10731...........................  -----...........................  -----..........................  -----..........................  Recyclables rates.
10732...........................  -----...........................  13713..........................  -----..........................  Food and grocery  
                                                                                                                                       transp.          
10733...........................  -----...........................  -----..........................  -----..........................  Recyclable rates. 
10734...........................  10722...........................  -----..........................  -----..........................  Car utilization.  
10735...........................  -----...........................  13704..........................  -----..........................  HHG--binding      
                                                                                                                                       estimates.       
10741...........................  10741...........................  -----..........................  15505..........................  Anti-             
                                                                                                                                       discrimination.  
10742...........................  10742...........................  ...............................  15506..........................  Facilities for    
                                                                                                                                       interchange.     
10743...........................  ................................  13707..........................  ...............................  Payment of rates. 
10744...........................  10743...........................  13706..........................  ...............................  Liability for     
                                                                                                                                       payment of rates.
10745...........................  10744...........................  ...............................  ...............................  Continuous        
                                                                                                                                       carriage of      
                                                                                                                                       freight.         
10746...........................  ................................  ...............................  ...............................  Commodities       
                                                                                                                                       clause.          
10747...........................  10745...........................  ...............................  ...............................  Facilities        
                                                                                                                                       provided by      
                                                                                                                                       shipper.         
10748...........................  ................................  ...............................  ...............................  Transp. of        
                                                                                                                                       livestock.       
10749...........................  ................................  ...............................  ...............................  HHG frt.          
                                                                                                                                       forwarders--exch.
                                                                                                                                       of services.     
10750...........................  10746...........................  ...............................  ...............................  Demurrage.        
10751...........................  ................................  ...............................  ...............................  Business          
                                                                                                                                       entertainment    
                                                                                                                                       expenses.        
10761...........................  ................................  13702(a).......................  ...............................  Tariff required.  
10762...........................  ................................  13702 (b)-(d)..................  ...............................  Tariff            
                                                                                                                                       requirements.    
10762(a) (3)-(5)................  ................................  13710 (a)......................  ...............................  Undercharge       
                                                                                                                                       applicability.   
10763...........................  10747...........................  ...............................  ...............................  Shipper routing.  
10764...........................  ................................  ...............................  ...............................  Arrangements      
                                                                                                                                       between carriers.
10765...........................  ................................  ...............................  ...............................  Water arrangements
                                                                                                                                       with other       
                                                                                                                                       carriers.        
10766...........................  ................................  ...............................  ...............................  Frt. Forwarder    
                                                                                                                                       traffic          
                                                                                                                                       agreements.      
10767...........................  ................................  13708..........................  ...............................  Billing and       
                                                                                                                                       collecting       
                                                                                                                                       practices.       
10781-10786.....................  ................................  ...............................  ...............................  Rail property     
                                                                                                                                       valuation.       
New.............................  ................................  13711..........................  ...............................  Undercharge--Unrea
                                                                                                                                       s. practice from 
                                                                                                                                       NRA (now a stat. 
                                                                                                                                       note to 10701).  
10901...........................  10901, 10902....................  ...............................  ...............................  Construction and  
                                                                                                                                       operation.       
10902...........................  ................................  ...............................  ...............................  Safe and adequate 
                                                                                                                                       facilities.      
10903...........................  10903...........................  ...............................  ...............................  Abandonment       
                                                                                                                                       approval/        
                                                                                                                                       disapproval.     
10904...........................  10903...........................  ...............................  ...............................  Abandonment       
                                                                                                                                       procedures.      
10905...........................  10904...........................  ...............................  ...............................  Financial         
                                                                                                                                       assistance.      
10906...........................  10905...........................  ...............................  ...............................  Public use of     
                                                                                                                                       abandoned lines. 
10907...........................  10906, 10501(b)(2), 10102(5)....  ...............................  ...............................  Spur track        
                                                                                                                                       exemption.       
10908...........................  ................................  ...............................  ...............................  Passenger route   
                                                                                                                                       discontinuance--i
                                                                                                                                       nterstate.       
10909...........................  ................................  ...............................  ...............................  Passenger route   
                                                                                                                                       discontinuance--i
                                                                                                                                       ntrastate.       
10910...........................  10907...........................  ...............................  ...............................  Feeder line       
                                                                                                                                       development.     
10921...........................  ................................  13901..........................  ...............................  License           
                                                                                                                                       requirement.     
10922...........................  ................................  13902..........................  ...............................  Motor carrier     
                                                                                                                                       license.         
10923...........................  ................................  10903..........................  ...............................  Frt. forwarder    
                                                                                                                                       license.         
10924...........................  ................................  13904..........................  ...............................  Broker license.   
10925...........................  ................................  13905..........................  ...............................  Duration of       
                                                                                                                                       licenses.        
10926...........................  ................................  ...............................  ...............................  Transfers of      
                                                                                                                                       licenses.        
10927...........................  ................................  13906..........................  ...............................  Security          
                                                                                                                                       (Insurance)      
                                                                                                                                       requirement.     
10928...........................  ................................  ...............................  ...............................  Temporary         
                                                                                                                                       authority.       
10929...........................  ................................  ...............................  ...............................  Temporary water   
                                                                                                                                       authority.       
10930...........................  ................................  ...............................  ...............................  Limitations on    
                                                                                                                                       licenses.        
10931...........................  ................................  ...............................  ...............................  Intrastate        
                                                                                                                                       licensing.       
10932...........................  ................................  ...............................  ...............................  Motor savings     
                                                                                                                                       provision.       
10933...........................  ................................  ...............................  ...............................  Ceasing HHG frt.  
                                                                                                                                       forwarder        
                                                                                                                                       service.         
10934...........................  ................................  13907..........................  ...............................  HHG Agents.       
10935...........................  ................................  ...............................  ...............................  Bus route         
                                                                                                                                       discontinuances. 
10936...........................  ................................  ...............................  ...............................  Limit on          
                                                                                                                                       intrastate bus   
                                                                                                                                       regulation.      
New.............................  ................................  13908..........................  ...............................  Replacement       
                                                                                                                                       unified          
                                                                                                                                       registration     
                                                                                                                                       system.          
11101...........................  11101...........................  14101..........................  15701..........................  Providing transp. 
                                                                                                                                       (Common carrier  
                                                                                                                                       oblig'n).        
11101(d)........................  ................................  13710(b).......................  ...............................  Undercharge--contr
                                                                                                                                       act vs. common   
                                                                                                                                       disputes.        
11102...........................  ................................  ...............................  ...............................  Classification of 
                                                                                                                                       carriers.        
11103...........................  11102...........................  ...............................  ...............................  Use of terminal   
                                                                                                                                       facilities.      
11104...........................  11103...........................  ...............................  ...............................  Switch            
                                                                                                                                       connections.     
11105...........................  ................................  ...............................  ...............................  Protective        
                                                                                                                                       services (heat   
                                                                                                                                       and cold).       
11106...........................  ................................  ...............................  ...............................  Identification of 
                                                                                                                                       vehicles.        
11107...........................  ................................  14102..........................  ...............................  Leased vehicles   
                                                                                                                                       (owner-          
                                                                                                                                       operators).      
11108...........................  ................................  ...............................  ...............................  Water--unreas.    
                                                                                                                                       discrimination.  
11109...........................  ................................  14103..........................  ...............................  Lumping.          
11110...........................  ................................  14104..........................  ...............................  HHG operations.   
11111...........................  ................................  ...............................  ...............................  CB radios on      
                                                                                                                                       buses.           
11121...........................  11121...........................  ...............................  ...............................  Car service       
                                                                                                                                       criteria.        
11122...........................  11122...........................  ...............................  ...............................  Car service       
                                                                                                                                       compensation.    
11123...........................  11123...........................  ...............................  ...............................  Emergency         
                                                                                                                                       situations.      
11124...........................  11123...........................  ...............................  ...............................  Rerouting.        
11125...........................  11123...........................  ...............................  ...............................  Directed service. 
11126...........................  ................................  ...............................  ...............................  Distribution of   
                                                                                                                                       coal cars.       
11127...........................  ................................  ...............................  ...............................  HHG Frt. Forwarder
                                                                                                                                       services.        
11128...........................  11124...........................  ...............................  ...............................  War Emergencies.  
11141...........................  11141...........................  14121..........................  15721..........................  Reports and       
                                                                                                                                       records.         
11142...........................  11142...........................  ...............................  ...............................  Uniform accounting
                                                                                                                                       system.          
11143...........................  11143...........................  ...............................  ...............................  Depreciation      
                                                                                                                                       charges.         
11144...........................  11144...........................  14122..........................  15722..........................  Records inspection
                                                                                                                                       and retention.   
11145...........................  11145...........................  14123..........................  15723..........................  Reports by        
                                                                                                                                       carriers.        
11161...........................  ................................  ...............................  ...............................  Railroad          
                                                                                                                                       Accounting       
                                                                                                                                       Principles Board 
                                                                                                                                       (RAPB)           
11162...........................  ................................  ...............................  ...............................  Cost accounting   
                                                                                                                                       principles.      
11163...........................  11161...........................  ...............................  ...............................  Implementing      
                                                                                                                                       accounting       
                                                                                                                                       principles       
                                                                                                                                       accounting.      
11164...........................  11162...........................  ...............................  ...............................  Certification of  
                                                                                                                                       carrier's        
                                                                                                                                       accounting.      
11165...........................  11163...........................  ...............................  ...............................  Cost info. made   
                                                                                                                                       available.       
11166...........................  11164...........................  ...............................  ...............................  Cost reporting.   
11167...........................  ................................  ...............................  ...............................  RAPB report.      
11168...........................  ................................  ...............................  ...............................  RAPB funding      
                                                                                                                                       authorized.      
11301...........................  ................................  ...............................  ...............................  Securities        
                                                                                                                                       issuances.       
11302...........................  ................................  ...............................  ...............................  [previously       
                                                                                                                                       repealed.]       
11303...........................  11301...........................  ...............................  ...............................  Equipment trusts. 
11304...........................  ................................  14301..........................  ...............................  Security interests
                                                                                                                                       in motor         
                                                                                                                                       vehicles.        
11321...........................  ................................  ...............................  ...............................  Ownership of water
                                                                                                                                       carriers.        
11322...........................  11328...........................  ...............................  ...............................  Restrictions on   
                                                                                                                                       officers &       
                                                                                                                                       directors.       
11323...........................  ................................  ...............................  ...............................  Ownership of      
                                                                                                                                       carriers by HHG  
                                                                                                                                       frt. forwarders. 
11341...........................  11321...........................  14302(f), 14303(f).............  ...............................  Scope of authority
                                                                                                                                       (antitrust       
                                                                                                                                       immunity).       
11342...........................  11322...........................  14302..........................  ...............................  Pooling.          
11343...........................  11323, 10902....................  14303(a), (g)..................  ...............................  Mergers &         
                                                                                                                                       consolidations.  
11344...........................  11324...........................  14303(b).......................  ...............................  Merger procedures--
                                                                                                                                       general.         
11345...........................  11325...........................  ...............................  ...............................  Merger procedures--
                                                                                                                                       rail.            
11345a..........................  ................................  14303(c)-(e)...................  ...............................  Merger procedures--
                                                                                                                                       motor.           
11346...........................  ................................  ...............................  ...............................  Expedited merger  
                                                                                                                                       procedure.       
11347...........................  11326...........................  ...............................  ...............................  Labor protection  
                                                                                                                                       for mergers.     
11348...........................  ................................  14303(h).......................  ...............................  Authority over    
                                                                                                                                       noncarrier in    
                                                                                                                                       control.         
11349...........................  ................................  14303(i).......................  ...............................  Temporary auth'y  
                                                                                                                                       for mergers.     
11350...........................  ................................  ...............................  ...............................  Mergers--DOT      
                                                                                                                                       sponsorship.     
11351...........................  11327...........................  14303(j).......................  ...............................  Mergers--supplemen
                                                                                                                                       tal orders.      
11361-11367.....................  ................................  ...............................  ...............................  Financial         
                                                                                                                                       Structure.       
11501...........................  ................................  14501..........................  ...............................  State preemptions.
11502...........................  ................................  ...............................  ...............................  Conferences & jt. 
                                                                                                                                       hearings w/      
                                                                                                                                       states.          
11503...........................  11501...........................  ...............................  ...............................  Tax discrim.--    
                                                                                                                                       rail.            
11503a..........................  ................................  14502..........................  ...............................  Tax discrim.--    
                                                                                                                                       motor.           
11504...........................  11502...........................  14503..........................  ...............................  Withholding st.   
                                                                                                                                       and local income 
                                                                                                                                       tax.             
11505...........................  ................................  ...............................  ...............................  St. actions to    
                                                                                                                                       injoin           
                                                                                                                                       abandonments by  
                                                                                                                                       rail or HHG frt. 
                                                                                                                                       forwarders.      
11506...........................  ................................  14504..........................  ...............................  Single-State      
                                                                                                                                       registration.    
11507...........................  ................................  ...............................  ...............................  Prison-made       
                                                                                                                                       property.        
New.............................  ................................  14505..........................  ...............................  Bus sales tax.    
11701...........................  11701...........................  14701..........................  15901..........................  General           
                                                                                                                                       enforcement      
                                                                                                                                       authority.       
11702...........................  11702...........................  14702..........................  15902..........................  ICC enforcement.  
11703...........................  11703...........................  14703..........................  15903..........................  Atty. Gen.        
                                                                                                                                       enforcement.     
11704...........................  ................................  ...............................  ...............................  Private actions to
                                                                                                                                       enjoin HHG frt.  
                                                                                                                                       forwarder        
                                                                                                                                       cessation of     
                                                                                                                                       service.         
11705...........................  11704...........................  14704..........................  15904..........................  Rights and        
                                                                                                                                       remedies of      
                                                                                                                                       injured persons. 
11706...........................  11705...........................  14705..........................  15905..........................  Statute of        
                                                                                                                                       limitations.     
11707...........................  11706...........................  14706..........................  15906..........................  Liability of      
                                                                                                                                       common carriers  
                                                                                                                                       under bills of   
                                                                                                                                       lading.          
11708...........................  ................................  14707..........................  ...............................  Private           
                                                                                                                                       enforcement of   
                                                                                                                                       licensing.       
11709...........................  ................................  ...............................  ...............................  Liability for     
                                                                                                                                       securities       
                                                                                                                                       issuances.       
11710...........................  11707...........................  ...............................  ...............................  Liability for     
                                                                                                                                       misrouting.      
11711...........................  ................................  14708..........................  ...............................  HHG Arbitration   
                                                                                                                                       program.         
11712...........................  ................................  14709..........................  ...............................  Tariff            
                                                                                                                                       reconciliation   
                                                                                                                                       rules            
                                                                                                                                       (undercharges).  
11901...........................  11901...........................  14901..........................  16101..........................  General civil     
                                                                                                                                       penalties.       
11902...........................  ................................  14902..........................  ...............................  Penalties for     
                                                                                                                                       rebates.         
11902a..........................  ................................  14905..........................  ...............................  Penalties for     
                                                                                                                                       lumping.         
11903...........................  ................................  14903..........................  ...............................  Rate, discrim. and
                                                                                                                                       tariff           
                                                                                                                                       violations.      
11904...........................  ................................  14904..........................  ...............................  Additional rate   
                                                                                                                                       and discrim.     
                                                                                                                                       violations.      
11905...........................  ................................  ...............................  ...............................  Free transp.      
11906...........................  ................................  14906..........................  ...............................  Evasion of        
                                                                                                                                       regulation.      
11907...........................  11902...........................  ...............................  ...............................  Interference with 
                                                                                                                                       car supply.      
11908...........................  ................................  ...............................  ...............................  HHG Frt. Forwarder
                                                                                                                                       abandonment of   
                                                                                                                                       service.         
11909...........................  11903...........................  14907..........................  16102..........................  Record keeping and
                                                                                                                                       reporting        
                                                                                                                                       violations.      
11910...........................  11904...........................  14908..........................  16103..........................  Unlawful          
                                                                                                                                       disclosure of    
                                                                                                                                       info.            
11911...........................  ................................  ...............................  ...............................  Unlawful          
                                                                                                                                       securities       
                                                                                                                                       issuances.       
11912...........................  ................................  ...............................  ...............................  Merger--violations
                                                                                                                                       by noncarriers.  
11913...........................  11905...........................  14909..........................  16104..........................  Disobedience to   
                                                                                                                                       subpoenas.       
11913a..........................  ................................  ...............................  ...............................  Accounting        
                                                                                                                                       principles       
                                                                                                                                       violations.      
11914...........................  11906...........................  14910..........................  16105..........................  General criminal  
                                                                                                                                       penalties.       
11915...........................  11907...........................  14911..........................  16106..........................  Corporate         
                                                                                                                                       liability.       
11916...........................  ................................  14913..........................  ...............................  Conclusiveness of 
                                                                                                                                       rates.           
11917...........................  ................................  14912..........................  ...............................  HHG weight-       
                                                                                                                                       bumping.         
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

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