S.1140 - Transportation Regulatory Streamlining Act of 1995104th Congress (1995-1996)
Bill
Hide Overview| Sponsor: | Sen. Exon, J. James [D-NE] (Introduced 08/09/1995) |
|---|---|
| Committees: | Senate - Commerce, Science, and Transportation |
| Latest Action: | 12/21/1995 Sponsor introductory remarks on measure. (CR S19074-19075) (All Actions) |
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Text: S.1140 — 104th Congress (1995-1996)All Information (Except Text)
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Introduced in Senate (08/09/1995)
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 1140 Introduced in Senate (IS)]
104th CONGRESS
1st Session
S. 1140
To amend title 49, United States Code, to terminate the Interstate
Commerce Commission and establish the United States Transportation
Board within the Department of Transportation, and to redistribute
necessary functions within the Federal Government, reduce regulation,
achieve budgetary savings, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 9 (legislative day, July 10), 1995
Mr. Exon (for himself, Mr. Hollings, and Mr. Inouye) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to terminate the Interstate
Commerce Commission and establish the United States Transportation
Board within the Department of Transportation, and to redistribute
necessary functions within the Federal Government, reduce regulation,
achieve budgetary savings, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Regulatory
Streamlining Act of 1995''.
SEC. 2. DECLARATION OF FINDINGS.
The Congress of the United States finds that--
(1) safe, sound, and competitive surface transportation
industries are vital to maintaining this country's position as
a leader in the emerging global economy;
(2) Federal regulation of the railroad (freight and
passenger), motor (freight, passenger, and household goods),
pipeline (for transportation of commodities other than oil,
water, or gas), domestic water carrier, and related
transportation (broker and freight forwarder) industries is
currently administered by the Interstate Commerce Commission
under statutes that are outdated and should be revised to
reflect the more limited current transportation regulatory
concerns and needs;
(3) the Interstate Commerce Commission, which has served as
the regulator of the Nation's surface transportation systems
with distinction for over 107 years, but change is required.
(4) in addition, the existing overlap of federal licensing
responsibilities for the motor carrier industry, between the
Department of Transportation and the Interstate Commerce
Commission, has created uncertainty, duplication, and waste;
(5) accordingly, jurisdiction over licensing of the motor
carrier, broker, and freight forwarder industries should be
transferred to the Secretary of Transportation and should be
limited to matters of safety, insurance coverage, and the
continuing fitness of persons to operate in such industries;
(6) certain other responsibilities over the motor carrier
industry, including (A) enforcement of the provisions of the
North American Free Trade Agreement (NAFTA) for operations of
Mexican carriers in the United States, and (B) oversight of
trucking industry practices relating to household goods
movements, owner-operator leases, lumping laws, and liability
for injury, loss, and damage should also be transferred to the
Secretary of Transportation;
(7) because active regulation of the domestic water carrier
industry currently is not needed, Federal responsibility over
that industry should be limited to the retention of residual,
preemptive jurisdiction and should also be transferred to the
Secretary of Transportation;
(8) jurisdiction over the rail and pipeline carrier
industries should be transferred to a new independent entity
within the Department of Transportation, to be known as the
United States Transportation Board;
(9) the United States Transportation Board should also be
assigned to perform the existing adjudicatory responsibilities
of the Interstate Commerce Commission relating to (A)
arrangements between the National Railroad Passenger
Corporation and the Nation's freight railroads, (B) certain
intermodal water-rail or water-motor transportation, (C) the
rates charged by motor carriers and freight forwarders to
individual householders for household goods moves, (D)
collective action by motor carriers to establish
classifications and mileage guides, (E) pooling by motor
carriers, (F) intercarrier disputes in the intercity bus
industry, and (G) undercharge claims arising out of past motor
carrier transportation;
(10) Federal economic regulation of passenger railroad
transportation, other than supervision of arrangements between
the National Railroad Passenger Corporation and the Nation's
freight railroads, is no longer needed;
(11) legislative changes to eliminate unneeded
transportation regulation, terminate the Interstate Commerce
Commission, and achieve the transfer of
remaining regulatory functions provided for herein should be
implemented so as to ensure continuity and with the least amount of
disruption to the remaining regulatory and adjudicatory functions
consistent with achieving the objectives of this Act.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) ``Board'' refers to the United States Transportation
Board;
(2) ``Commission'' refers to the Interstate Commerce
Commission;
(3) ``Department'' refers to the Department of
Transportation;
(4) ``Freight forwarder'' includes both a freight forwarder
of household goods and a freight forwarder of other property;
(5) ``Motor carrier'' includes a motor carrier of property,
including household goods, and a motor carrier of passengers;
and
(6) ``Secretary'' refers to the Secretary of
Transportation;
SEC. 4. AMENDMENT OF TITLE 49.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 49 of the United
States Code.
SEC. 5. PURPOSE.
The purposes of this Act are to enhance competition, ensure
service, safety, and efficiency in the railroad, motor carrier,
pipeline, water carrier, and related transportation industries, while
providing protection to users of these various transportation modes
where competition is not sufficient to ensure nondiscriminatory
treatment at reasonable rates, and to enhance efficiency in government.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect 120 days
after the date of enactment of this Act.
TABLE OF TITLES
Title I--Transfer of Certain Functions to the Secretary of
Transportation
Title II--Establishment of United States Transportation Board and
Transfer of Certain Functions to That Board
Title III--Revisions to Subtitle IV of Title 49, United States Code
Title IV--Additional Subtitle IV Provisions
Title V--Amendments to Other Laws
Title VI--Termination of The Interstate Commerce Commission
TITLE I--TRANSFER OF CERTAIN FUNCTIONS TO THE SECRETARY OF
TRANSPORTATION
SEC. 101. TRANSFERS TO THE SECRETARY.
There are transferred from the Interstate Commerce Commission to
the Secretary--
(1) the personnel employed in connection with those
functions transferred to the Secretary by this Act; and
(2) the assets, liabilities, contracts, property, records,
and unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, or used in
connection with the functions transferred to the Secretary
under this Act, arising from such functions or available, or to
be made available, in connection with such functions.
Unexpended funds transferred pursuant to this subsection shall
be used only for the purpose for which the funds were
originally appropriated.
TITLE II--ESTABLISHMENT OF UNITED STATES TRANSPORTATION BOARD AND
TRANSFER OF CERTAIN FUNCTIONS TO THAT BOARD
SEC. 201. ESTABLISHMENT OF THE UNITED STATES TRANSPORTATION BOARD.
(a) In General.--Chapter 1 is amended by adding at the end thereof
the following new section:
``Sec. 113. United States Transportation Board
``(a) There is hereby established within the Department of
Transportation a regulatory body, to be known as the United States
Transportation Board. The Board is to be composed of 5 members,
appointed by the President by and with the advice and consent of the
Senate, who serve 5-year staggered terms. Not more than 3 members may
be appointed from the same political party.
``(b) For purposes of chapter 9 of title 5, United States Code, the
Board shall be deemed to be an independent regulatory agency.
``(c) For purposes of section 552b of title 5, United States Code,
the Board shall be deemed to be an agency.
``(d) 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.
``(e) 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 Act or as
otherwise authorized by law.
``(f) In each annual authorization and appropriation request under
this Act, the Secretary 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. Whenever
the Board submits to the Secretary, the President, or the Office of
Management and Budget, any legislative recommendation or testimony, or
comments on legislation, prepared for submission to Congress, the Board
shall concurrently transmit a copy thereof to the appropriate
committees of Congress.''.
(b) Transition.--In the event that one or more Board members
required by this Act to be appointed by and with the advice and consent
of the Senate shall not have entered office upon the effective date of
this Act, existing Interstate Commerce Commissioners shall fill the
vacant Board member positions in order of their existing terms of
office to act as Board members until the positions are filled as
provided in this Act. The rights of any current Commissioner to remain
in office shall be extinguished upon the date of enactment of this
legislation.
SEC. 202. ASSIGNMENT OF RESPONSIBILITIES TO THE BOARD.
(a) The Board shall have jurisdiction and regulatory responsibility
under subtitle IV of title 49, United States Code, over (1) the rail
and pipeline carrier industries, (2) intermodal water-rail or water-
motor joint-rate transportation in non-contiguous domestic trade, (3)
the rates charged by motor carriers and freight forwarders to
individual householders for household goods moves, (4) collective
action by motor carriers to establish classifications and mileage
guides, (5) pooling by motor carriers, (6) intercarrier disputes in the
intercity bus industry, and (7) resolution of issues related to rate
undercharge and overcharge claims for motor carrier transportation.
(b) The jurisdiction and responsibilities of the Interstate
Commerce Commission to supervise arrangements between the National
Railroad Passenger Corporation and the Nation's freight railroads are
also transferred to the Board.
(c) The Board shall have jurisdiction over any other matter which
the Secretary may assign to the Board after public notice and
opportunity for comment.
SEC. 203. RIGHT OF SECRETARY.
The Secretary may participate in any proceeding before the Board.
The Secretary shall comply with rules of procedure or general
applicability governing the timing or intervention or participation in
such proceeding or activity and, upon intervening or participating
therein, shall comply with rules of procedure of general applicability
governing the conduct thereof. The participation of the Secretary in
any proceeding or activity shall not affect the obligation of the Board
to assure procedural fairness to all participants.
SEC. 204. TRANSFERS TO THE BOARD.
There are transferred from the Interstate Commerce Commission to
the Board for appropriate allocation by the Chairman of the Board--
(1) the personnel necessary to perform or support the
functions transferred by this title and the amendments made
thereby; and
(2) the assets, liabilities, contracts, property, records,
and unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, used, arising
from, available or to be made available, of any office the
functions, powers, and duties of which are transferred to the
Board.
SEC. 205. ACCESS TO INFORMATION.
The Secretary, each office of the Department, and each Federal
agency, shall provide to the Board, upon request, such existing
information in the possession of the Department or other Federal agency
as the Board determines is necessary to carry out its responsibilities
under the Interstate Commerce Act as amended herein.
SEC. 206. STUDY ON THE AUTHORITY TO COLLECT CHARGES.
In addition to other user fees that the Board may impose, the Board
shall complete, within 6 months after the date of enactment of this
Act, a study on the authority necessary to assess and collect fees and
annual charges in any fiscal year in amounts equal to all of the costs
incurred by the Board in that fiscal year.
SEC. 207. AUTHORITY OF THE CHAIRMAN AND THE BOARD.
(a) Subject to the general policies, decisions, findings, and
determinations of the Board, the Chairman of the Board is responsible
for administering the Board. The Chairman may delegate the powers
granted under this subsection to an officer, employee, or
administrative unit of the Board. The Chairman shall--
(1) appoint and supervise, other than regular and full time
employees in the immediate offices of another member, the
officers and employees of the Board, including attorneys to
provide legal aid and service to the Board and its members, to
represent the public interest in investigations and proceedings
of the Board, and to represent the Board in any case in court;
(2) appoint the heads of major administrative units with
the approval of the Board;
(3) distribute Board business among officers and employees
and administrative units of the Board;
(4) prepare requests for appropriations for the Board and
submit those requests to the Secretary of Transportation and
Congress with the prior approval of the Board; and
(5) supervise the expenditure of funds allocated by the
Board for major programs and purposes.
(b) The Board shall submit 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. 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.
(c) The Chairman shall prepare an annual budget for the Board,
which shall be submitted by the President to the Congress without
revision, together with the President's annual budget for the Board.
SEC. 208. PERSONNEL TRANSITION.
(a) Each transferred employee shall be guaranteed a position with
the same status, tenure, and pay as that held on the day immediately
preceding the transfer. Each such employee holding a permanent position
shall not be involuntarily separated or reduced in grade or
compensation for 1 year after the date of transfer, except for cause.
(b) If any office or administration within the Department of
Transportation to which Interstate Commerce Commission employees are
transferred determines, after the end of the 1-year period beginning on
the date the transfer of functions to such office or administration is
completed, that a reorganization of the combined work force is
required, that reorganization shall be deemed a ``major
reorganization'' for purposes of affording affected employees
retirement under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United
States Code.
(c) Transferred employees shall receive notice of their position
assignments no later than 120 days after the effective date of their
transfer.
(d) 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).
TITLE III--REVISIONS TO SUBTITLE IV OF TITLE 49, UNITED STATES CODE
Sec. 301. Subtitle IV is amended--
(1) by striking ``Interstate Commerce Commission'' each
place it appears (including chapter and section headings) and
inserting ``United States Transportation Board'';
(2) by striking ``Commission'' each place it appears in
reference to the Interstate Commerce Commission (including
chapter and section headings) and inserting ``Board'';
(3) by striking ``Commissioner'' each place it appears in
reference to a member of the Interstate Commerce Commission
(including chapter and section headings) and inserting ``Board
member'';
(4) by striking ``Commissioners'' each place it appears in
reference to members of the Interstate Commerce Commission
(including chapter and section headings) and inserting
``members'';
(5) by striking ``this subtitle'' each place it appears and
inserting ``this part''; and
(6) by inserting before section 10101 the following:
``Part A--Rail and Pipeline Carriers''.
Sec. 302. Section 10101 is amended to read as follows:
``Sec. 10101. Transportation policy
``(a) Except where policy has an impact on rail carriers, in which
case the principles of section 10101a of this title shall govern, to
ensure the development, coordination, and preservation of a
transportation system that meets the transportation needs of the United
States, including the United States Postal Service and national
defense, it is the policy of the United States Government to provide
for the impartial regulation of the modes of transportation; and in
regulating 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.''.
Sec. 302A. Section 10101a is amended by adding--
``(15) to provide expeditious remedies for traffic and
facilities lacking effective transportation competition.''
Sec. 303. Section 10102 is amended by--
(1) striking paragraphs (1), (5), (8), (9), (10), (11),
(12), (16), (17), (18), (19), (25), (27), and (30) through
(33);
(2) renumbering the remaining paragraphs as paragraphs (1)
through (16), respectively;
(3) striking paragraph (3) (as redesignated) and inserting
``(3) `carrier' means a pipeline carrier and a rail
carrier;'';
(4) inserting ``common carrier'' after ``railroad'' in
paragraph (11) (as redesignated);
(5) striking ``, fare,'' in paragraph (B) (as
redesignated);
(6) striking ``of passengers or property or both,'' in
paragraph (15)(A) (as redesignated) and inserting ``of
property,''; and
(7) striking ``passengers and'' in paragraph (15)(B) (as
redesignated).
Sec. 304. (a) Chapter 101 is amended by striking section 10103 and
inserting the following:
``Sec. 10103. Remedies are exclusive
``Except as otherwise provided in this part, the remedies provided
under this part are exclusive and preempt the remedies provided under
any Federal or State statute.''.
(b) The chapter analysis of chapter 101 is amended by striking
``cumulative'' in the item relating to section 10103 and inserting
``exclusive''.
Sec. 305. Section 10305 is amended by--
(1) striking ``a division,'' in the first sentence of
subsection (a);
(2) striking ``matter required to be referred to a joint
board under section 10341 of this title, or a'' in the second
sentence of subsection (a);
(3) striking subsection (b) and redesignating subsection
(c) as subsection (b);
(4) striking ``A division,'' in the first sentence of
subsection (b), as redesignated, and inserting ``An''; and
(5) striking ``a division,'' in the second sentence of that
subsection and inserting ``an''.
Sec. 306. Section 10306 is amended by--
(1) striking the first comma and ``a division,'' in
subsection (a);
(2) striking ``a division,'' each place it appears in
subsections (b) and (d);
(3) striking ``by an individual admitted to practice under
section 10308 of this title'' in subsection (b) and inserting
``through its representative.''; and
(4) striking subsection (f).
Sec. 307. Section 10309 is amended by striking ``Interstate and
Foreign Commerce'' in subsection (a) and inserting ``Transportation and
Infrastructure''.
Sec. 308. Section 10310 is amended by striking ``rail carrier'' in
paragraph (1) of subsection (b) and inserting ``carrier''.
Sec. 309. Section 10321 is amended by--
(1) striking subsection (b) and inserting the following:
``(b) The Board may obtain from carriers providing transportation
and service subject to this part, and from persons controlling,
controlled by, or under common control with those carriers to the
extent that the business of that person is related to the management of
the business of those carriers, information the Board decides is
necessary to carry out this part.''; and
(2) striking ``a board'' in subsection (c)(2) and inserting
``an employee board''.
Sec. 310. Section 10326 is amended by striking ``or a division,''
in subsection (a).
Sec. 311. Section 10327 is amended by--
(1) striking ``in rail carrier proceedings'' in the
heading;
(2) striking subsection (a) and inserting the following:
``(a) This section applies to all matters before the United States
Transportation Board except that other sections of this subtitle
supersede this section to the extent that they are inconsistent with
the provisions of this section related to deadlines.'';
(3) striking ``A division,'' in subsection (b) and
inserting ``An'';
(4) striking ``, or a division designated by the
Commission,'' in subsection (c);
(5) striking ``or that division'' in subsection (c);
(6) striking ``a division,'' in subsection (d);
(7) striking ``or division designated by the Commission''
in subsection (e)(1);
(8) striking ``(g)(2) or'' in subsection (e)(2);
(9) striking ``a division or board'' in the first sentence
of subsection (f)(1) and inserting ``an employee board'';
(10) striking ``a board'' in the second sentence of
subsection (f)(1) and inserting ``an employee board'';
(11) striking ``(1)'' in subsection (g), redesignating
subparagraphs (A) through (C) in subsection (g)(1) as
paragraphs (1) through (3), and striking paragraph (2);
(12) striking ``and an action of a designated division
under subsection (c) of this section'' in subsection (h); and
(13) striking ``and an action of a designated division
under subsection (c) of this section'' in subsection (i).
Sec. 312. Section 10328 is amended by striking ``(a)'' and by
striking subsection (b).
Sec. 313. Section 10329 is amended by--
(1) striking ``(1)'' in subsection (a) and by striking
paragraph (2) of subsection (a);
(2) striking ``common'' and ``subchapter I of'' in
subsection (a);
(3) striking the second sentence in subsection (b);
(4) striking ``(1)'' in subsection (c) and by striking
paragraphs (2) and (3);
(5) striking ``notices of the Commission shall be served as
follows: (1) A'' in subsection (c) and inserting ``a'';
(6) striking ``, express, sleeping car,'' in subsection
(c);
(7) striking subsection (d) and (e) and inserting the
following:
``(d) In a proceeding involving the lawfulness of classifications,
rates, or practices of a rail carrier that has not designated an agent
under this section, service of notice of the Board on an attorney in
fact who filed the tariff for the carrier constitutes service of notice
on the carrier.
``(e) In a proceeding involving the lawfulness of classifications,
rates, or practices, service of notice of the suspension of a tariff on
the attorney that filed the tariff, at the address shown in the tariff,
constitutes service of notice on all carriers that are parties to that
tariff.''
Sec. 315. Section 10330 is amended by--
(1) striking ``subchapter I of'' in the first sentence of
subsection (a);
(2) striking subsection (b); and
(3) redesignating subsection (c) as subsection (b).
Sec. 315. (a) The following sections are repealed:
(1) 10302.
(2) 10304.
(3) 10308.
(4) 10322.
(5) 10341 through 10344.
(6) 10361 through 10364.
(7) 10381 through 10388.
(b)(1) The index for subchapter I of chapter 103 is amended by
striking out the items relating to sections 10302, 10303, 10304, 10308,
and inserting in lieu thereof the following:
``10302. Repealed.
``10303. Secretary of the Board; public records.
``10304. Repealed.
``10308. Repealed.''.
(2) The index for subchapter II of chapter 103 is amended by
striking out the items relating to sections 10322, 10324, 10327, 10329,
and inserting in lieu thereof the following:
``10322. Repealed.
``10324. Board action.
``10327. Board action and appellate procedure.
``10329. Service of notice in Board proceedings.''.
(3) The index for subchapter III of chapter 103 is amended by
striking out the items relating to sections 10341, 10342, 10343, 10344,
and inserting in lieu thereof the following:
``10341. Repealed.
``10342. Repealed.
``10343. Repealed.
``10344. Repealed.''.
(4) The index for subchapter IV of chapter 103 is amended by
striking out the items relating to sections 10361, 10362, 10363, 10364,
and inserting in lieu thereof the following:
``10361. Repealed.
``10362. Repealed.
``10363. Repealed.
``10364. Repealed.''.
(5) The index for subchapter V of chapter 103 is amended by
striking out the items relating to sections 10381, 10382, 10383, 10384,
10385, 10386, 10388, and inserting in lieu thereof the following:
``10381. Repealed.
``10382. Repealed.
``10383. Repealed.
``10384. Repealed.
``10385. Repealed.
``10386. Repealed.
``10388. Repealed.''.
Sec. 316. Chapter 105 is amended by striking the subchapter
headings.
Sec. 317. Section 10501 is amended by--
(1) striking ``Subject to this chapter and other law, the''
in subsection (a), and inserting ``The'';
(2) inserting ``of property'' after ``transportation'' in
subsection (a);
(3) striking ``express carrier, sleeping car carrier,'' in
subsection (a)(1);
(4) striking ``passengers or'' in subsection (b)(1);
(5) striking ``subchapter'' in subsection (c) and inserting
``chapter'' and by striking ``(1) the transportation is deemed
to be subject to the jurisdiction of the Commission pursuant to
section 11501(b)(4)(B) of this title, or (2)'' in subsection
(c); and
(6) striking ``and of State authorities (to the extent such
authorities are authorized to administer the standards and
procedures of this subtitle pursuant to this section and
section 11501(b) of this title)'' in subsection (d).
Sec. 318. Section 10503 is amended by--
(1) striking ``passengers or'' each place it appears in
subsection (a)(2); and
(2) striking ``passengers,'' in subsection (a)(2)(B).
Sec. 319. Section 10505 is amended by--
(1) striking ``rail carrier and motor carrier'' from the
section heading;
(2) striking subsection (a) and inserting the following:
``(a) In a matter subject to the jurisdiction of the United States
Transportation Board under this chapter, the Board shall exempt a
person, class of persons, or a transaction or service from the
application of a provision of this title, when the Board finds that the
application of that provision in whole or in part--
``(1) is not necessary to carry out the transportation
policy of section 10101 or section 10101a of this title; and
``(2) either (A) the transaction or service is of limited
scope, or (B) the application of a provision of this title is
not needed to protect shippers from the abuse of market
power.'';
(3) striking subsection (d) and inserting the following:
``(d) The Board shall revoke an exemption in whole or in part, to
the extent that application of a provision of this subtitle to the
person, class, or transportation is necessary to carry out the
transportation policy of section 10101 or section 10101a of this title.
The Board shall conclude a proceeding under this subsection within 180
days. In acting upon a request for revocation, the Board shall not
consider product or geographic competition. If a request for revocation
under this subsection is accompanied by a complaint seeking monetary
damages for a violation of a provision of the subchapter by a railroad,
and the Board does not render a final decision on such request within
180 days after the filing of the revocation request and complaint, then
any monetary damages which the Board may award at the conclusion of the
proceeding shall be calculated from the 181st day following the filing
of the revocation request and complaint.'';
(4) striking subsection (f) and inserting the following:
``(f) The Board may exercise its authority under this section to
exempt transportation that is provided by a carrier as a part of a
continuous intermodal movement.''; and
(5) striking subsection (g) and inserting the following:
``(g) The Board may not exercise its authority under this section
to relieve a carrier of its obligation to protect the interests of
employees as required by this part.''.
Sec. 320. (a) The following sections are repealed:
(1) 10502.
(2) 10504.
(3) 10521 through 10531.
(4) 10541 through 10544.
(5) 10561.
(b) The index for chapter 105 is amended by striking the items
relating to sections 10502, 10504, 10521 through 10531, 10541 through
10544, and 10561 and inserting in lieu thereof the following:
``10502. Repealed.
``10504. Repealed.
``10521. Repealed.
``10522. Repealed.
``10523. Repealed.
``10524. Repealed.
``10525. Repealed.
``10526. Repealed.
``10527. Repealed.
``10528. Repealed.
``10529. Repealed.
``10530. Repealed.
``10531. Repealed.
``10541. Repealed.
``10542. Repealed.
``10543. Repealed.
``10544. Repealed.
``10561. Repealed.''.
Sec. 321. Section 10701 is amended by--
(1) redesignating subsection (c) as subsection (b);
(2) striking ``common'' in subsection (b) as so
redesignated;
(3) striking ``Commission under subchapter I or III of
chapter 105'' in subsection (b) as so redesignated and
inserting ``Board under chapter 105'';
(4) striking ``the jurisdiction of the Commission under
either of those subchapters'' in subsection (b) as so
redesignated and inserting ``jurisdiction either under chapter
105 of this part or under part B of this subtitle''; and
(5) striking subsections (d) through (f).
Sec. 322. Section 10701a is amended by--
(1) striking ``subchapter I of'' in subsection (a);
(2) striking ``lesser of the percentages described in
clauses (i) and (ii) of section 10707a(e)(2)(A) of this title''
in subparagraphs (2)(A)(i) and (2)(B)(i) of subsection (b), and
inserting ``percentage described in section 10707a(d)(2)(A)'';
(3) adding at the end of subsection (b) the following:
``(4) The United States Transportation Board shall
establish simplified and expedited procedures for the
determination of rate reasonableness cases for small shippers
in which a stand-alone case presentation is impractical;'' and
(4) striking subsection (c).
Sec. 323. Section 10702 is amended by--
(1) striking ``(a) A common'' in subsection (a) and
inserting ``A'';
(2) beginning with ``service,'' in paragraph (2) of
subsection (a) striking all that follows and inserting
``service.''; and
(3) striking subsections (b) and (c).
Sec. 324. Section 10703 is amended by--
(1) striking ``, express, sleeping car,'' in paragraph (1)
of subsection (a);
(2) striking paragraphs (3) and (4) of subsection (a); and
(3) replacing ``Commission under subchapter I, II (insofar
as motor carriers of property are concerned), or III of'' in
subsection (b) with ``Board under''.
Sec. 325. Section 10704 is amended by--
(1) striking ``subchapter I of'' and ``(including a maximum
or minimum rate, or both)'' in the first sentence of subsection
(a)(1);
(2) striking ``subchapter'' in the first sentence of
subsection (a)(2) and inserting ``chapter'';
(3) striking the third sentence of subsection (a)(2);
(4) striking paragraph (3) of subsection (a) and
redesignating paragraph (4) as (3);
(5) striking ``within 180 days after the effective date of
the Staggers Rail Act of 1980 and'' and ``thereafter'' in
subsection (a)(3), as redesignated;
(6) striking subsections (b), (c), (d) and (e);
(7) redesignating subsection (f) as subsection (b);
(8) striking ``on its own initiative or'' in subsection (b)
as redesignated; and
(9) striking the last sentence of subsection (b), as
redesignated.
Sec. 326. Section 10705 is amended by--
(1) striking ``subchapter I, II (except a motor common
carrier of property), or III of'', and ``(including maximum or
minimum rates or both)'' and ``common'' in paragraph (1) of
subsection (a);
(2) striking paragraph (3) of subsection (a);
(3) striking subsections (b) and (h) and redesignating
subsections (c) through (g) as subsections (b) through (f);
(4) striking ``or (b)'' and ``, water carrier, or motor
common carrier of property'' in subsection (b), as
redesignated;
(5) striking ``tariff'' in subsection (d), as redesignated,
and inserting ``proposed rate change'';
(6) striking ``, water common carrier, or motor common
carrier of property'' in subsection (d), as redesignated;
(7) striking ``or (b)'' and ``on its own initiative or'' in
the first sentence of subsection (e)(1) as redesignated;
(8) striking ``if the proceeding is brought on complaint or
within 18 months after the commencement of a proceeding on the
initiative of the Commission'' in the second sentence of
subsection (e)(1), as redesignated; and
(9) striking ``subsection (f)'' in subsection (f), as
redesignated, and inserting ``subsection (e)''.
Sec. 327. Section 10706 is amended by--
(1) striking ``subsection--'' and all that follows in
subsection (a)(1) and inserting ``subsection, `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.'';
(2) striking the first sentence of subsection (a)(2)(A) and
inserting ``A rail carrier providing transportation subject to
the jurisdiction of the United States Transportation Board
under chapter 105 of this title that is a party to an agreement
of at least 2 rail carriers that relates to classifications or
rules related to car service and car hire, or procedures for
joint consideration, initiation, or establishment of them,
shall apply to the Board for approval of that agreement under
this subsection.'';
(3) striking ``or rate'' in the first sentence of
subsection (a)(3)(A);
(4) striking all of subsection (a)(3)(A) after the first
sentence and inserting ``Such an organization may not permit a
rail carrier to discuss, to participate in agreements related
to, or to vote on rates proposed by another rail carrier.'';
(5) striking subsection (a)(3)(B);
(6) redesignating paragraphs (3) (C) and (D) of subsection
(a) as paragraphs (3) (B) and (C);
(7) striking ``consider'' in subsection (a)(3)(B)(ii)(II),
as redesignated, and inserting ``considered'';
(8) striking ``subchapter I of'' in subsection (a)(5)(A);
(9) striking ``the effective date of the Staggers Rail Act
of 1980'' in subsection (a)(5)(C), and inserting ``October 1,
1980'';
(10) striking subsections (b), (c), and (d) and
redesignating subsections (e) through (g) as subsections (b)
through (d);
(11) striking the first sentence of subsection (c), as
redesignated, and inserting ``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.'';
(12) striking ``subsection (a), (b), or (c) of this
section.'' in subsection (d), as redesignated and inserting
``subsection (a).''; and
(13) striking subsections (h) and (i).
Sec. 328. Section 10707 is amended by--
(1) striking the first sentence of subsection (a) and
inserting ``When a new individual or joint rate or individual
or joint classification, rule, or practice related to a rate is
proposed by a rail carrier providing transportation subject to
the jurisdiction of the United States Transportation Board
under chapter 105 of this title, the Board may begin a
proceeding, on complaint of an interested party, to determine
whether the proposed rate, classification, rule, or practice
violates this part.'';
(2) striking ``days, except that this paragraph shall not
apply to general rate increases under section 10706 of this
title.'' in subsection (d)(2) and inserting ``days.''; and
(3) striking subsection (d)(3) and redesignating subsection
(d)(4) as (d)(3).
Sec. 329. Section 10707a is amended by--
(1) striking ``Commencing with the fourth quarter of 1980,
the'' in subsection (a)(2)(B) and inserting ``The'';
(2) striking ``subchapter I of chapter 105 of this title
may'' in subsection (b)(1) and inserting ``chapter 105 of this
title is authorized to'';
(3) inserting a period after ``involved'' in paragraph (1)
of subsection (b) and striking the remainder of the paragraph;
(4) striking ``may not'' in subsection (b)(3) and inserting
``is not authorized to'';
(5) striking ``(A)'' and ``or (B) inflation based rate
increases under section 10712 of this title applicable to that
rate'' in subsection (b)(3);
(6) striking subsections (c), (d) and (e), redesignating
subsections (f), (g), and (h) as subsections (d), (e), and (f),
and inserting after subsection (b) the following:
``(c) In determining whether a rate is reasonable, the Board shall
consider, among other factors, evidence of the following:
``(1) the amount of traffic which is transported at
revenues which do not contribute to going concern value and
efforts made to minimize such traffic;
``(2) the amount of traffic which contributes only
marginally to fixed costs and the extent to which, if any,
rates on such traffic can be changed to maximize the revenues
from such traffic; and
``(3) the carrier's mix of rail traffic to determine
whether one commodity is paying an unreasonable share of the
carrier's overall revenues.''; and
(7) by striking subsection (d), as redesignated, and
inserting the following:
``(d)(1) A finding by the Commission that a rate increase exceeds
the increase authorized under this section does not establish a
presumption that the rail carrier proposing such rate increase has or
does not have market dominance over the transportation to which the
rate applies.
``(2)(A) If a rate increase authorized under this section in any
year results in a revenue-variable cost percentage for the
transportation to which the rate applies that is equal to or greater
than 20 percentage points above the revenue-variable cost percentage
applicable under section 10709(d) of this title, the Board may on
complaint of an interested party, begin an investigation proceeding to
determine whether the proposed rate increase violates this subtitle.
``(B) In determining whether to investigate or not to investigate
any proposed rate increase that results in a revenue-variable cost
percentage for the transportation to which the rate applies that is
equal to or greater than the percentage described in subparagraph (A)
of this paragraph (without regard to whether such rate increase is
authorized under this section), the Board shall set forth its reasons
therefor, giving due consideration to the following factors:
``(i) the amount of traffic which is transported at
revenues which do not contribute to going concern value and
efforts made to minimize such traffic;
``(ii) the amount of traffic which contributes only
marginally to fixed costs and the extent to which, if any,
rates on such traffic can be changed to maximize the revenues
from such traffic; and
``(iii) the impact of the proposed rate or rate increase on
the attainment of the national energy goals and the rail
transportation policy under section 10101a of this title,
taking into account the railroads' role as a primary source of
energy transportation and the need for a sound rail
transportation system in accordance with the revenue adequacy
goals of section 10704 of this title.
This subparagraph shall not be construed to change existing law with
regard to the nonreviewability of such determination.''.
Sec. 330. Section 10708 is amended by--
(1) striking subsection (a)(1) and inserting the following:
``(a)(1) The United States Transportation Board may begin a
proceeding to determine the lawfulness of a proposed rate,
classification, rule, or practice on application of an interested party
when a new individual or joint rate or individual or joint
classification, rule, or practice affecting a rate is proposed by a
pipeline carrier subject to the Board's jurisdiction under chapter 105
of this part.'';
(2) striking ``an express, sleeping car, or'' in the third
sentence of subsection (b) and inserting ``a''; and
(3) striking subsections (d) through (g).
Sec. 331. Section 10709 is amended by--
(1) adding at the end of subsection (a) the following: ``In
making a determination under this section, the Board shall not
consider the existence of product or geographic competition.'';
(2) striking ``subchapter I of'' in the first sentence of
subsection (b); and
(3) striking subsection (d) and inserting the following:
``(d) Determinations of Rate Challenges.--
``(1) 180 percent safe harbor.--In making a determination
under this section, the Board shall find that the rail carrier
establishing the challenged rate does not have market dominance
over the transportation to which the rate applies if such rail
carrier proves that the rate charged results in a revenue-
variable cost percentage for such transportation that is less
than 180 percent.
``(2) Methodology.--For purposes of determining the
revenue-variable cost percentage for a particular
transportation, variable costs shall be determined by using the
carrier's costs, calculated using the Uniform Railroad Costing
System (or an alternative cost finding methodology adopted by
the Board in lieu thereof), with use of the current cost of
capital for calculating the return on investment, and indexed
quarterly to account for current wage and price levels in the
region in which the carrier operates.
``(3) Burden of proof; rebuttal.--A rail carrier may meet
its burden of proof under this subsection by so establishing
its variable costs, but a shipper may rebut that showing by
evidence of such type, and in accordance with such burden of
proof, as the Board may prescribe.
``(4) No presumptions created.--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. 332. Section 10711 is amended by--
(1) striking ``Sections 10701 (a) and (b), 10707, 10709,
10727, and 10728 of this title,'' and inserting ``Sections
10701(a), 10707, and 10709 of this title,''; and
(2) striking ``10701(c), 10726,'' in paragraph (1) and
inserting ``10701(b)'';
Sec. 333. Section 10713 is amended by--
(1) striking ``subchapter I of'' in the first sentence of
subsection (a);
(2) striking subsection (b)(1) and inserting the following:
``(b)(1) A summary of each contract for the transportation of
agricultural commodities and fertilizer 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 assure that the essential terms of
the contract are available to the general public. The parties to any
such contract shall supply a copy of the full contract to the Board
upon request.'';
(3) inserting `` and fertilizer'' in subsection (b)(2)(A)
after ``agricultural commodities'';
(4) striking ``in tariff format'' in subsection (b)(2)(D);
(5) striking subsection (b)(2)(D);
(6) striking ``other than a contract for the transportation
of agricultural commodities (including forest products and
paper),'' in subsection (d)(2)(A) and inserting ``for the
transportation of agricultural commodities and fertilizer,'';
(7) striking ``the case of a contract for the
transportation of agricultural commodities (including forest
products and paper), in'' in subsection (d)(2)(B);
(8) inserting ``of agricultural commodities and
fertilizer'' after ``filed by a shipper'' in subsection
(d)(2)(B);
(9) striking the last sentence of subsection (d)(2)(B);
(10) striking ``A contract that is approved by the
Commission'' in subsection (i)(1) and inserting ``If the
shipper in writing expressly waives all rights and remedies
under this part for the transportation covered by the contract,
a contract'';
(11) striking subsections (j), (l), and (m), and
redesignating subsection (k) as subsection (j); and
(12) inserting ``and fertilizer'' after ``commodities'' in
subsection (j), as redesignated.
Sec. 334. Section 10730 is amended by--
(1) striking subsections (a) and (b);
(2) striking ``(c)'';
(3) striking ``rail carrier'' and inserting ``carrier'';
and
(4) striking ``subchapter I of''.
Sec. 335. (a) The following sections are repealed:
(1) Section 10705a.
(2) Section 10710.
(3) Section 10712.
(4) Sections 10721 through 10726.
(5) Section 10728.
(6) Sections 10731 through 10735.
(b)(1) The index for subchapter I of chapter 107 is amended by
striking the items relating to sections 10704, 10705, 10705a, 10710,
and 10712 and inserting in lieu thereof the following:
``10704. Authority and criteria: rates, classifications, rules, and
practices prescribed by United States
Transportation Board;
``10705. Authority: through routes, joint classifications, rates, and
divisions prescribed by United States
Transportation Board;
``10705a. Repealed.
``10710. Repealed.
``10712. Repealed.''.
(2) The index for Subchapter II of chapter 107 is amended by
striking the items relating to sections 10721 through 10726, 10728, and
10731 through 10735 and inserting in lieu thereof the following:
``10721. Repealed;
``10722. Repealed;
``10723. Repealed;
``10724. Repealed;
``10725. Repealed;
``10726. Repealed;
``10728. Repealed;
``10731. Repealed;
``10732. Repealed;
``10733. Repealed;
``10734. Repealed;
``10735. Repealed.''.
Sec. 336. Section 10741 is amended by--
(1) striking ``common'' in the heading and wherever it
appears in the section;
(2) striking ``subchapter I of'' in subsection (a);
(3) striking subsection (c) and inserting the following:
``(c) A carrier providing transportation subject to the
jurisdiction of the Board under chapter 105 of this title may not
subject a freight forwarder providing service subject to jurisdiction
under part B of this subtitle to unreasonable discrimination whether or
not the freight forwarder is controlled by that carrier.'';
(4) striking ``subchapter I of'' in subsection (e);
(5) striking subsection (f)(1) and inserting the following:
``(1) contracts under section 10713 of this title;'';
(6) striking paragraphs (2) and (3) of subsection (f) and
redesignating paragraphs (4) and (5) as (2) and (3)
respectively; and
(7) striking ``paragraphs (2), (3), and (4)'' in subsection
(f) and inserting ``paragraph (2)''.
Sec. 337. Section 10742 is amended by--
(1) striking ``common'' wherever it appears;
(2) striking ``subchapter I or III of'' and ``passengers
and''; and
(3) striking ``either of those subchapters.'' and inserting
``Part A or B of this subtitle.''.
Sec. 338. Section 10744 is amended by--
(1) striking ``, motor, or water common'' in the first
sentence of subsection (a)(1);
(2) striking ``or express'' in the first sentence of
subsection (b);
(3) striking paragraph (2) of subsection (c) and
renumbering paragraph (3) as paragraph (2); and
(4) striking ``or express'' in subsection (c)(2), as
redesignated.
Sec. 339. Section 10745 is amended by striking ``subchapter I of''.
Sec. 340. Section 10747 is amended by--
(1) striking the first and second sentences and inserting
the following: ``A carrier providing transportation or service
subject to the jurisdiction of the United States Transportation
Board under chapter 105 of this title may establish a charge or
allowance for transportation or service for property when the
owner of the property, directly or indirectly, furnishes a
service related to or an instrumentality used in the
transportation or service. The Board may prescribe the maximum
reasonable charge or allowance paid for such service or
instrumentality furnished.''; and
(2) striking ``on its own initiative or'' in the last
sentence.
Sec. 341. Section 10750 is amended by striking ``subchapter I of''.
Sec. 342. (a) Sections 10743, 10746, 10748, 10749, and 10751 are
repealed.
(b) The index for Subchapter III of chapter 107 is amended by
striking the items relating to sections 10741, 10743, 10746, 10748, and
10749 and inserting in lieu thereof the following:
``10741. Prohibitions against discrimination by carriers.
``10743. Repealed.
``10746. Repealed.
``10748. Repealed.
``10749. Repealed.
``10751. Repealed.''.
Sec. 343. Section 10761 is amended to read as follows:
``Sec. 10761. Transportation prohibited without tariff
``Except as provided in this subtitle, a carrier providing
transportation of agricultural products or fertilizer subject to the
jurisdiction of the United States Transportation Board under chapter
105 of this title shall provide that transportation only if the rate
for the transportation is contained in a tariff that is in effect under
this subchapter. A carrier subject to this subsection may not charge or
receive a different compensation for that transportation than the rate
specified in the tariff whether by returning a part of that rate to a
person, giving a person a privilege, allowing the use of a facility
that affects the value of that transportation, or another device.''.
Sec. 344. Section 10762 is amended to read as follows:
``Sec. 10762. General tariff requirements
``(a)(1) Except as provided in section 10713, a carrier providing
transportation of agricultural products or fertilizer subject to the
jurisdiction of the United States Transportation Board under chapter
105 of this title shall publish and file with the Board tariffs
containing the rates, classifications, rules, and practices related to
such rates.
``(2) Carriers that publish tariffs under paragraph (1) of this
subsection shall keep them open for public inspection.
``(b)(1) The United States Transportation Board shall prescribe the
form and manner of publishing, filing, and keeping tariffs open for
public inspection under this section. The Board may prescribe specific
charges to be identified in a tariff published by a common carrier
providing transportation or service subject to its jurisdiction under
chapter 105, but those tariffs must identify plainly--
``(A) the places between which property will be
transported;
``(B) privileges given and facilities allowed; and
``(C) any rules that change, affect, or determine any part
of the published rate.
``(2) A joint tariff filed by a carrier providing transportation
subject to the jurisdiction of the Board under chapter 105 shall
identify the carriers that are parties to it. The carriers that are
parties to a joint tariff, other than the carrier filing it, must file
a concurrence or acceptance of the tariff with the Board but are not
required to file a copy of the tariff. The Board may prescribe or
approve what constitutes a concurrence or acceptance.
``(c)(1) When a carrier providing transportation or service subject
to the jurisdiction of the Board under chapter 105 of this title
proposes to change a rate for transportation of agricultural products
or fertilizer the carrier shall publish, file, and keep open for public
inspection a notice of the proposed change as required under
subsections (a) and (b) of this section.
``(2) A notice filed under this subsection shall plainly identify
the proposed change or new or reduced rate and indicate its proposed
effective date. A proposed rate change resulting in an increased rate
or a new rate shall not become effective for 20 days after the notice
is published and a proposed rate change resulting in a reduced rate
shall not become effective for 1 day after the notice is published,
except that a contract authorized under section 10713 of this title
shall become effective in accordance with the provisions of such
section.
``(d) The Board may reduce the notice period of subsections (c) of
this section if cause exists. The Board may change the other
requirements of this section if cause exists in particular instances or
as they apply to special circumstances.
``(e) The Board may reject a tariff submitted to it by a common
carrier under this section if that tariff violates this section or
regulation of the Board carrying out this section.''.
Sec. 345. Section 10763 is amended by striking ``subchapter I of''
in subsection (a)(1).
Sec. 345A. Section 10767 is amended by striking subsection (a) and
inserting the following:
``(a) Regulations Limiting Reduced Rates.--Not later than 120 days
after the date of the enactment of the Transportation Regulatory
Streamlining Act of 1995, the Board shall adopt or issue regulations
that prohibit a motor carrier subject to jurisdiction under subchapter
II of chapter 105 of this title from providing a reduction in a rate
for the provision of transportation of property to any person other
than--
``(1) the person paying the motor carrier directly for the
transportation service according to the bill of lading,
receipt, or contract; or
``(2) an agency of the person paying for the
transportation.''.
Sec. 346. (a) The following sections are repealed:
(1) Sections 10764 through 10767.
(2) Sections 10781 through 10786.
(b)(1) The index for Subchapter IV of chapter 107 is amended by
striking the items relating to sections 10763, 10764, 10766, and 10767
and inserting the following:
``10763. Designation of certain routes by shippers or United States
Transportation Board.
``10764. Repealed.
``10765. Repealed.
``10766. Repealed.
``10767. Repealed.''.
(2) The index for Subchapter V of chapter 107 is amended by
striking the items relating to sections 10781 through 10786 and
inserting the following:
``10781. Repealed.
``10782. Repealed.
``10783. Repealed.
``10784. Repealed.
``10785. Repealed.
``10786. Repealed.''.
Sec. 347. Section 10901 is amended by striking ``subchapter I of''
in subsection (a).
Sec. 348. Section 10902 is amended by striking ``subchapter I of''
in the first sentence.
Sec. 349. Section 10903 is amended by striking ``subchapter I of''
in subsection (a).
Sec. 350. Section 10904 is amended by--
(1) striking ``subchapter I of'' in subsection (a)(2);
(2) striking subsection (d)(2);
(3) striking ``(1)'' in subsection (d); and
(4) striking ``the application was approved by the
Secretary of Transportation as part of a plan or proposal under
section 333(a)-(d) of this title, or'' in subsection (e)(3)(B).
Sec. 351. Section 10907 is amended by striking ``subchapter I of''
in subsection (a).
Sec. 352. Section 10910 is amended by--
(1) striking paragraph (2) of subsection (a) and inserting
the following:
``(2) `railroad line' means any line of railroad.'';
(2) striking ``the effective date of the Staggers Rail Act
of 1980'' in subsection (g)(2), and inserting ``October 1,
1980,''; and
(3) striking subsection (k) and inserting the following:
``(k) The Board shall maintain such regulations and procedures as
may be necessary to carry out the provisions of this section.''.
Sec. 353. (a) The following sections are repealed:
(1) Sections 10908 and 10909.
(2) Sections 10921 through 10936.
(b) The index for chapter 109 is amended by striking out the items
relating to sections 10908, 10909, and 10921 through 10936 and
inserting the following:
``10908. Repealed.
``10909. Repealed.
``10921. Repealed.
``10922. Repealed.
``10923. Repealed.
``10924. Repealed.
``10925. Repealed.
``10926. Repealed.
``10927. Repealed.
``10928. Repealed.
``10929. Repealed.
``10930. Repealed.
``10931. Repealed.
``10932. Repealed.
``10933. Repealed.
``10934. Repealed.
``10935. Repealed.
``10936. Repealed.''.
(c) Chapter 109 is amended by striking the Subchapter I and
Subchapter II headings.
Sec. 354. Section 11101 is amended to read as follows:
``Sec. 11101. Providing transportation, service, and rates
``(a) A carrier providing transportation or service subject to the
jurisdiction of the Board under chapter 105 of this title shall provide
the transportation or service on reasonable request.
``(b) A rail carrier providing transportation service subject to
the jurisdiction of the Board under chapter 105 of this title shall
provide, on reasonable written request, common carrier rates and other
common carrier service terms. The response by a rail carrier to a
request for such rates or other service terms shall be in writing and
forwarded to the requesting person no later than 30 days after receipt
of the request. A rail carrier shall not refuse to respond to a request
under this subsection on grounds that the movement at issue is subject
at the time a request is made to a contract entered into under section
10713 of this title.
``(c) Common carrier rates and service terms provided pursuant to
subsection (b) of this section shall be subject to the provisions of
this title.
``(d) A rail carrier may not increase any common carrier rates, or
change any common carrier service terms, provided pursuant to
subsection (b) unless at least 20 days' written notice is first
provided to the person that made the request for the issue rate or
service. Any such increases of changes shall be subject to provisions
of this subtitle.''.
Sec. 354A. Section 11102 is amended to read as follows:
``Sec. 11102. Common carriage
``(a) Except as otherwise expressly provided, whenever used in
chapter 105 of this title, the term `carrier' means `common carrier'.
``(b) For purposes of chapter 105 of this title, a common carrier
shall be considered to have the ability to enter into contract service,
but shall be deemed to be a common carrier for purposes of common
carrier obligations.''.
Sec. 355. Section 11103 is amended by striking ``subchapter I of''
in subsection (a).
Sec. 356. Section 11104 is amended by striking ``subchapter I of''
in subsection (a).
Sec. 357. (a) The following sections are repealed:
(1) Sections 11105.
(2) Sections 11106 through 11111.
(b) The index for subchapter I of chapter 111 is amended by
striking out the items relating to section 11102 and the items relating
to sections 11106 through 11111 and inserting the following:
``11106. Repealed.
``11107. Repealed.
``11108. Repealed.
``11109. Repealed.
``11110. Repealed.
``11111. Repealed.''.
Sec. 358. Section 11121 is amended by--
(1) striking ``subchapter I of'' in subsection (a)(1);
(2) striking subsection (a)(2) and inserting the following:
``(2) The Board may require a rail carrier to file its car
service rules with the Board.'';
(3) striking ``, 11127,'' in subsection (b); and
(4) adding at the end the following:
``(c) The Board shall consult, as it deems necessary, with the
grain car council on matters within the charter of that body.''.
Sec. 359. Section 11124 is amended by striking ``subchapter I of''
in subsection (a).
Sec. 360. Section 11125 is amended by striking ``subchapter I of''
in subsection (a).
Sec. 361. (a) Sections 11126 and 11127 are repealed.
(b) The index for subchapter II of chapter 111 is amended by
striking out the item relating to section 11127, and inserting the
following:
``11126. Repealed.''.
``11127. Repealed.
Sec. 362. Section 11128 is amended by--
(1) striking ``sections 11123(a)(4) and 11127(a)(1)(C)''
and inserting ``section 11123(a)'' in subsection (a)(1); and
(2) striking ``subchapter I of'' in subsection (a)(2).
Sec. 363. Section 11141 is amended to read as follows:
``Sec. 11141. Definitions
``In this subchapter--
``(1) `carrier' and `lessor' include a receiver or trustee
of a carrier and lessor respectively.
``(2) `lessor' means a person owning a railroad or a
pipeline that is leased to and operated by a carrier providing
transportation subject to the jurisdiction of the United States
Transportation Board under chapter 105 of this title.
``(3) `association' means an organization maintained by or
in the interest of a group of carriers providing transportation
or service subject to the jurisdiction of the United States
Transportation Board that performs a service, or engages in
activities, related to transportation under this part.''.
Sec. 364. Section 11143 is amended by--
(1) striking ``subchapter I or III of''; and
(2) striking ``and may, for a class of carriers providing
transportation subject to its jurisdiction under subchapter II
of that chapter,''.
Sec. 365. Section 11144 is amended by--
(1) striking ``, brokers,'' in subsection (a)(1);
(2) striking ``or express'' and ``subchapter I of'' in
subsection (a)(2);
(3) striking ``, broker,'' in subsection (b)(1);
(4) striking ``broker,'' in subsection (b)(2)(A);
(5) striking ``or express'' in subsection (b)(2)(C);
(6) redesignating subsection (d) as subsection (c); and
(7) striking ``brokers,'' in subsection (c), as
redesignated.
Sec. 366. Section 11145 is amended by--
(1) striking ``brokers,'' in subsection (a)(1);
(2) striking ``or express,'' in subsection (a)(2);
(3) striking ``broker,'' in the first sentence of
subsection (b)(1);
(4) striking the second sentence of subsection (b)(1); and
(5) striking subsection (c).
Sec. 367. (a) Section 11142 is repealed.
(b) The index for subchapter III of chapter 111 is amended by
striking out the items relating to section 11142 and inserting the
following:
``11142. Repealed.''.
Sec. 368. Section 11166 is amended by--
(1) striking ``subchapter I of'' in the first sentence of
subsection (a);
(2) striking the third sentence of subsection (a); and
(3) striking ``the cost accounting principles established
by the Board or under generally accepted accounting principles
or the requirements of the Securities and Exchange Commission''
in subsection (b) and inserting ``the appropriate cost
accounting principles''.
Sec. 369. (a) The following sections are repealed:
(1) Sections 11161 through 11164.
(2) Sections 11167 and 11168.
(b) The index for subchapter IV of chapter 111 is amended by
striking out the items relating to sections 11161, 11162, 11163, 11164,
11167 and 11168 and inserting in lieu thereof the following:
``11161. Repealed.
``11162. Repealed.
``11163. Repealed.
``11164. Repealed.
``11167. Repealed.
``11168. Repealed.''.
Sec. 370. (a) Sections 11301 and 11304 are repealed.
(b) The index for subchapter I of chapter 113 is amended by
striking out the title and the items relating to sections 11301, 11304,
and inserting the following:
``SUBCHAPTER I-- SECURITY INTERESTS
``11301. Repealed.
``11304. Repealed''.
Sec. 371. Section 11303 is amended by adding:
``(c) The Board shall collect, maintain and keep open for public
inspection a railway equipment register consistent with the manner and
format maintained at the time of enactment of this Act.''.
Sec. 372. (a) Sections 11321 and 11323 are repealed.
(b) The index for subchapter II of chapter 113 is amended by
striking out the items relating to sections 11321 and 11323 and
inserting the following:
``11321. Repealed.
``11323. Repealed.''.
Sec. 373. (a) Section 11322 is repealed.
(b) The index for subchapter II of chapter 113 is amended by
striking out the item relating to section 11322, and inserting the
following:
``11322. Repealed.''.
Sec. 373. Section 11322 is amended by--
(1) redesignating subsections (a) and (b) as subsections
(b) and (c), respectively;
(2) inserting before subsection (b), as redesignated, the
following:
``(a) In this section `carrier' means a rail carrier providing
transportation subject to the jurisdiction of the United States
Transportation Board under chapter 105 of this title (except a street,
suburban, or interurban electric railway not operated as a part of a
general railroad system of transportation), and a corporation organized
to provide transportation by rail carrier subject to that chapter.'';
(3) striking ``as defined in section 11301(a)(1) of this
title'' in subsection (b) as redesignated; and
(4) striking ``subsection (a)'' and inserting ``subsection
(b)'' in subsection (c), as redesignated.
Sec. 374. Section 11342 is amended by--
(1) striking ``subchapter I, II, or III of'' in the first
sentence of subsection (a);
(2) striking ``Except as provided in subsection (b) for
agreements or combinations between or among motor common
carriers of property, the'' in the second sentence of
subsection (a) and inserting ``The''; and
(3) striking subsections (b) and (d) and redesignating
subsections (c) and (e) as subsections (b) and (c),
respectively.
Sec. 375. Section 11343 is amended by--
(1) inserting ``(except a pipeline carrier)'' after
``involving carriers'' in subsection (a);
(2) striking ``subchapter I (except a pipeline carrier),
II, or III of'' in subsection (a);
(3) striking paragraph (1) of subsection (d) and striking
``(2)'' in paragraph (2); and
(4) striking subsection (e).
Sec. 376. Section 11344 is amended by--
(1) striking the third sentence in subsection (a);
(2) striking ``subchapter I of that chapter'' in the last
sentence of subsection (a) and inserting ``chapter 105'';
(3) striking paragraph (2) of subsection (b) and striking
``(1)'' in the first paragraph of subsection (b);
(4) striking the fourth sentence of subsection (c);
(5) striking the last two sentences of subsection (d); and
(6) striking subsection (e).
Sec. 377. Section 11345 is amended by--
(1) striking ``subchapter I of'' in the first sentence of
subsection (a);
(2) striking ``45'' in the first sentence of subsection
(b)(1) and inserting ``30'';
(3) striking ``90th'' in subsection (b)(2) and inserting
``60th'';
(4) striking ``24th'' in the first sentence of subsection
(b)(3) and inserting ``8th'';
(5) striking ``180th'' in the second sentence of subsection
(b)(3) and inserting ``90th'';
(6) inserting ``, including comments by the Secretary of
Transportation and the Attorney General,'' before ``may be
filed'' in the first sentence of subsection (c)(1);
(7) striking the last two sentences of subsection (c)(1);
(8) striking ``180th'' in the first sentence of subsection
(c)(3) and inserting ``125th'';
(9) striking ``90th'' in the second sentence of subsection
(c)(3) and inserting ``40th'';
(10) inserting ``, including comments by the Secretary of
Transportation and the Attorney General,'' before ``may be
filed'' in the first sentence of subsection (d)(1);
(11) striking the last two sentences of subsection (d)(1);
and
(12) striking ``45th'' in the second sentence of subsection
(d)(2) and inserting ``40th''.
Sec. 378. Section 11347 is amended by striking ``or section 11346''
in the first sentence.
Sec. 379. Section 11348 is amended by--
(1) striking ``(a)'' in subsection (a);
(2) striking subsection (b); and
(3) striking all after the colon and inserting ``sections
504(f) and 10764, subchapter III of chapter 111, and sections
11901(e) and 11909.''.
Sec. 380. (a) The following sections are repealed:
(1) Sections 11345a and 11346.
(2) Sections 11349 and 11350.
(3) Sections 11361 through 11367.
(b)(1) The index for subchapter III of chapter 113 is amended by
striking out the items relating to sections 11345a, 11346, 11349, and
11350 and inserting the following:
``11345a. Repealed.
``11346. Repealed.
``11349. Repealed.
``11350. Repealed.''.
(2) The index for subchapter IV of chapter 113 is amended by
striking out the items relating to sections 11361, 11362, 11363, 11364,
11365, 11366 and 11367 and inserting the following:
``11361. Repealed.
``11362. Repealed.
``11363. Repealed.
``11364. Repealed.
``11365. Repealed.
``11366. Repealed.
``11367. Repealed.''.
Sec. 381. Section 11501 is amended by--
(1) striking subsections (a), (e), (g) and (h) and
redesignating subsections (b), (c), (d), and (f) as subsections
(a), (b), (c) and (d), respectively;
(2) striking paragraphs (2) through (6) of subsection (a),
as redesignated;
(3) striking ``(1)'' and ``subchapter I of'' in subsection
(a), as redesignated;
(4) striking ``subchapter I of'' in subsection (b), as
redesignated;
(5) striking ``subchapter I of'' in subsection (c)(1), as
redesignated;
(6) striking ``subsection (a) of this section and'' in
subsection (c)(2), as redesignated; and
(7) striking the first sentence of subsection (d), as
redesignated, and inserting the following: ``The Board may take
action under this section only after a full hearing.''.
Sec. 382. Section 11503 is amended by--
(1) striking ``subchapter I of'' in subsection (a)(3); and
(2) striking ``subchapter I of'' in subsection (b)(4).
Sec. 383. Section 11504 is amended by--
(1) striking ``subchapter I of'' in subsection (a);
(2) striking subsections (b) and (c) and redesignating
subsection (d) as subsection (b); and
(3) striking ``, motor, and motor private'' and
``subsection (a) or (b) of'' from subsection (b), as
redesignated.
Sec. 384. (a) The following sections are repealed:
(1) Section 11502.
(2) Section 11503a.
(3) Section 11505 through 11507.
(b) The index for chapter 115 is amended by striking out the items
relating to sections 11502, 11503a, 11506, and 11507 and inserting the
following:
``11502. Repealed.
``11503a. Repealed.
``11505. Repealed.
``11506. Repealed.
``11507. Repealed.''.
Sec. 385. Section 11701 is amended by--
(1) striking ``, broker or freight forwarder'' in the
second and fourth sentences of subsection (a);
(2) striking the third sentence of subsection (a);
(3) striking the first 2 sentences of subsection (b) and
inserting the following: ``A person, including a governmental
authority, may file with the Board a complaint about a
violation of this part by a 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.''; and
(4) striking ``subchapter I of'' in the last sentence of
subsection (b).
Sec. 386. Section 11702 is amended by--
(1) striking ``(a)'' in subsection (a);
(2) striking paragraphs (4) through (6) of subsection (a);
(3) striking ``or 10933'' in paragraph (1);
(4) striking paragraph (2) and inserting the following:
``(2) to enforce subchapter III of chapter 113 of this
title and to compel compliance with an order of the Board under
that subchapter; and'';
(5) striking ``subchapter I of'' in paragraph (3);
(6) striking the semicolon at the end of paragraph (3) and
inserting a period; and
(7) striking subsection (b).
Sec. 387. Section 11703 is amended by striking ``or permit''
wherever it appears in subsection (a).
Sec. 388. Section 11705 is amended by--
(1) striking ``or a freight forwarder'' in subsection (a);
(2) striking subsection (b)(1) and inserting the following:
``(b)(1) A carrier providing transportation or service subject to
the jurisdiction of the Board under chapter 105 of this title is liable
to a person for amounts charged that exceed the applicable rate for
transportation or service.'';
(3) striking ``common'' and ``subchapter I or III of'' in
subsection (b)(2);
(4) striking subsection (b)(3);
(5) striking ``subchapter I or III of'' in the first
sentence of subsection (c)(1);
(6) striking the second sentence of subsection (c)(1);
(7) striking ``subchapter I or III of'' in the second
sentence of subsection (c)(2);
(8) striking ``subchapter I or III of'' in the first
sentence of subsection (d)(1); and
(9) striking ``, or (D) if a water carrier, in which a port
of call on a route operated by that carrier is located'' and
inserting ``or'' before ``(C)'' in the fourth sentence of
subsection (d)(1).
Sec. 389. Section 11706 is amended by--
(1) striking subsection (a) and inserting the following:
``(a) A carrier providing transportation or service subject to the
jurisdiction of the United States Transportation Board under chapter
105 of this title must begin a civil action to recover charges for the
transportation or service provided by the carrier within 3 years after
the claim accrues.'';
(2) striking the first sentence of subsection (b) and
inserting ``A person must begin a civil action to recover
overcharges under section 11705(b)(1) of this title within 3
years after the claim accrues.'';
(3) striking ``subchapter I or III of'' in the last
sentence of subsection (b);
(4) striking ``(1)'' in subsection (c);
(5) striking paragraph (2) of subsection (c);
(6) striking ``that limitations periods'' in the first
sentence of subsection (d) and inserting ``those limitation
periods''; and
(7) striking ``(c)(1)'' in the second sentence of
subsection (d) and inserting ``(c)''.
Sec. 390. Section 11707 is amended by--
(1) striking ``common'' in the section heading and wherever
it appears in the section;
(2) striking ``(a)(1)'' in subsection (a) and inserting
``(a)'';
(3) striking paragraph (2) of subsection (a);
(4) striking ``subchapter I, II, or IV of'' and ``and a
freight forwarder'' in the first sentence of subsection (a), as
amended;
(5) striking ``or freight forwarder'' in the second
sentence of subsection (a), as amended;
(6) striking ``subchapter I, II, or IV'' in the second
sentence of subsection (a), as amended, and inserting ``chapter
105 or subject to jurisdiction under part B of this subtitle'';
(7) striking ``, except in the case of a freight
forwarder,'' in the third sentence of subsection (a), as
amended;
(8) striking ``diverted under a tariff filed under
subchapter IV of chapter 107 of this title.'' in the third
sentence of subsection (a), as amended, and inserting
``diverted.'';
(9) striking ``or freight forwarder'' in the last sentence
of subsection (a);
(10) striking ``and freight forwarder'' in subsection
(c)(1), and striking ``contract, rule, or tariff filed with the
Commission'' and inserting ``or rule'';
(11) striking paragraph (3) of subsection (c) and
redesignating paragraph (4) as paragraph (3);
(12) striking ``or freight forwarder'' wherever it appears
in subsection (e);
(13) striking ``or freight forwarder's'' in subsection
(e)(2); and
(14) adding at the end thereof the following:
``(f) Within 1 year after the date of enactment of the
Transportation Regulatory Streamlining Act of 1995, the Secretary shall
deliver to the appropriate Congressional committees a report on the
benefits of revising or modifying the terms or applicability of the
Carmack Amendment, together with any proposed legislation making those
revisions or modifications, if any.''.
Sec. 391. Section 11710 is amended by striking ``subchapter I of''
in subsection (a)(1).
Sec. 392. (a) The following sections are repealed:
(1) Section 11704.
(2) Sections 11708 and 11709.
(3) Sections 11711 and 11712.
(b) The index for chapter 117 is amended by striking out the items
relating to sections 11704, 11707, 11708, 11709, 11711, and 11712, and
inserting in lieu thereof the following:
``11704. Repealed.
``11707. Liability of Carriers under receipts and bills of lading.
``11708. Repealed.
``11709. Repealed.
``11711. Repealed.
``11712. Repealed.
Sec. 393. Section 11901 is amended by:
(1) striking ``subchapter I of'' in subsection (a) and
subsection (b);
(2) striking subsection (c) and subsections (g) through
(l), and redesignating subsections (d) through (f) as (c)
through (e), respectively, and subsection (m) as (f);
(3) striking ``11127'' in subsection (d), as redesignated;
(4) striking ``(1)'' in subsection (d), as redesignated,
and striking paragraph (2) of that subsection;
(5) striking ``subchapter I of'' each place it appears in
subsection (e), as redesignated;
(6) striking ``(1)'' in subsection (f), as redesignated,
and striking paragraph (2) of that subsection; and
(7) striking ``subsection (a)-(f)'' in subsection (f), as
redesignated, and inserting ``subsections (a) through (e)''.
Sec. 394. Section 11902 is amended by striking ``contained in a
tariff filed with the Commission under subchapter IV of chapter 107 of
this title''.
Sec. 395. Section 11903 is amended by striking ``under chapter 107
of this title'' in subsection (a).
Sec. 396. Section 11904 is amended by--
(1) striking subsections (b) through (d);
(2) striking ``(a)(1)'' in subsection (a) and inserting
``(a)'';
(3) redesignating paragraphs (2) and (3) of subsection (a)
as subsections (b) and (c), respectively;
(4) striking ``(A)'' and ``(B)'' in subsection (b), as
redesignated, and inserting ``(1)'' and ``(2)'', respectively;
(5) striking ``subchapter I of'' and ``under chapter 107 of
this title'' in subsections (b) and (c), as redesignated; and
(6) striking ``common'' in subsection (c), as redesignated.
Sec. 397. Section 11907 is amended by striking ``subchapter I of''
in subsections (a) and (b).
Sec. 398. Section 11909 is amended by--
(1) striking subsections (b) through (d);
(2) striking ``subchapter I of'' in subsection (a); and
(3) striking ``(a)'' in subsection (a).
Sec. 399. Section 11910 is amended by--
(1) striking paragraphs (2) through (4) of subsection (a);
(2) striking ``(a)(1)'' in subsection (a) and inserting
``(a)'';
(3) striking ``(A)'' and ``(B)'' in subsection (a) and
inserting ``(1)'' and ``(2)'', respectively;
(4) striking ``common'' in subsection (a);
(5) striking ``subchapter I of'' in subsections (a) and
(d); and
(6) striking ``or broker'' in subsection (b).
Sec. 399A. Section 11912 is amended by striking out ``11346,''.
Sec. 399B. Section 11914 is amended by--
(1) striking subsections (b) through (d);
(2) striking ``(a)'' in subsection (a);
(3) striking ``subchapter I of'' in the first sentence; and
(4) striking ``11321(a) or'' in the last sentence.
Sec. 399C. (a) The following sections are repealed:
(1) Section 11902a.
(2) Sections 11905 and 11906.
(3) Section 11908.
(4) Section 11911.
(5) Section 11913a.
(6) Section 11917.
(b) The index for chapter 119 is amended by striking out the items
relating to sections 11902a, 11905, 11906, 11908, 11911, 11913a, 11916,
and 11917 and inserting in lieu thereof the following:
``11902a. Repealed.
``11905. Repealed.
``11906. Repealed.
``11908. Repealed.
``11911. Repealed.
``11913a. Repealed.
``11917. Repealed.''
Sec. 399D. Section 22101 is amended by striking ``subchapter I of''
in the first sentence of subsection (a); and
Sec. 399E. Section 24301 is amended by striking ``subchapter I of''
in subsection (c)(2)(B) and (d).
Sec. 399F. Section 31144 is amended by--
(1) striking ``In cooperation with the Interstate Commerce
Commission, the'' in the first sentence of subsection (a) and
inserting ``The'';
(2) by striking ``sections 10922 and 10923'' in that
sentence and inserting ``section 13902'';
(3) striking ``and the Commission'' in subsection
(a)(1)(C); and
(4) striking subsection (b) and inserting the following:
``(b) Findings and Action on Registrations.--The Secretary shall--
``(1) find a registrant as a motor carrier unfit if the
registrant does not meet the safety fitness requirements
established under subsection (a) of this section; and
``(2) withhold registration.''.
TITLE IV--ADDITIONAL SUBTITLE IV PROVISIONS
Subtitle A--Motor Carrier, Water Carrier, Broker, and Freight Forwarder
Provisions
Sec. 401. Subtitle IV is amended by inserting after chapter 119 the
following:
``Part B--Motor Carriers, Water Carriers, Brokers, and
Freight Forwarders
``Chapter Sec.
``131. General provisions................................... 13101
``133. Administrative provisions............................ 13301
``135. Jurisdiction......................................... 13501
``137. Rates................................................ 13701
``139. Registration......................................... 13901
``141. Operations of carriers............................... 14101
``143. Finance.............................................. 14301
``145. Federal-State relations.............................. 14501
``147. Enforcement; investigations; rights; remedies........ 14701
``149. Civil and criminal penalties......................... 14901
``CHAPTER 131--GENERAL PROVISIONS
``Sec. 13101. Transportation policy
``(a) Except where policy has an impact on rail carriers, in which
case the principles of section 10101a of this title shall govern, to
ensure the development, coordination, and preservation of a
transportation system that meets the transportation needs of the United
States, including the United States Postal Service and national
defense, it is the policy of the United States Government to provide
for the impartial regulation of the modes of transportation, and--
``(1) in regulating those modes--
``(A) to recognize and preserve the inherent
advantage of each mode of transportation;
``(B) to promote safe, adequate, economical, and
efficient transportation;
``(C) to encourage sound economic conditions in
transportation, including sound economic conditions
among carriers;
``(D) to encourage the establishment and
maintenance of reasonable rates for transportation,
without unreasonable discrimination or unfair or
destructive competitive practices;
``(E) to cooperate with each State and the
officials of each State on transportation matters; and
``(F) to encourage fair wages and working
conditions in the transportation industry;
``(2) in regulating transportation by motor carrier, to
promote competitive and efficient transportation services in
order to (A) encourage fair competition, and reasonable rates
for transportation by motor carriers of property; (B) promote
Federal regulatory efficiency in the motor carrier
transportation system and to require fair and expeditious
regulatory decisions when regulation is required; (C) meet the
needs of shippers, receivers, passengers, and consumers; (D)
allow a variety of quality and price options to meet changing
market demands and the diverse requirements of the shipping and
traveling public; (E) allow the most productive use of
equipment and energy resources; (F) enable efficient and well-
managed carriers to earn adequate profits, attract capital, and
maintain fair wages and working conditions; (G) provide and
maintain service to small communities and small shippers and
intrastate bus services; (H) provide and maintain commuter bus
operations; (I) improve and maintain a sound, safe, and
competitive privately owned motor carrier system; (J) promote
greater participation by minorities in the motor carrier
system; and (K) promote intermodal transportation; and
``(3) in regulating transportation by motor carrier of
passengers (A) to cooperate with the States on transportation
matters for the purpose of encouraging the States to exercise
intrastate regulatory jurisdiction in accordance with the
objectives of this part; (B) to provide Federal procedures
which ensure that intrastate regulation is exercised in
accordance with this part; and (C) to ensure that Federal
reform initiatives enacted by section 31138 of this title and
the Bus Regulatory Reform Act of 1982 are not nullified by
State regulatory actions.
``(b) This part shall be administered and enforced to carry out the
policy of this section.
Sec. 13102. Definitions
``In this part--
``(1) `broker' means a person, other than a motor carrier
or an employee or agent of a motor carrier, that as a principal
or agent sells, offers for sale, negotiates for, or holds
itself out by solicitation, advertisement, or otherwise as
selling, providing, or arranging for, transportation by motor
carrier for compensation;
``(2) `carrier' means a motor carrier, a water carrier, and
a freight forwarder;
``(3) `contract carriage' means--
``(A) for transportation provided before the date
of enactment of the Transportation Regulatory
Streamlining Act of 1995, service provided pursuant to
a permit issued under former section 10923 of this
subtitle;
``(B) for transportation provided on or after that
date, service provided under an agreement entered into
under section 14101(b) of this part; and
``(C) all other non-private carriage;
``(4) `control', when referring to a relationship between
persons, includes actual control, legal control, and the power
to exercise control, through or by (A) common directors,
officers, stockholders, a voting trust, or a holding or
investment company, or (B) any other means;
``(5) `foreign motor carrier' means a person (including a
motor carrier of property but excluding a motor private
carrier)--
``(A)(i) which is domiciled in a contiguous foreign
country; or
``(ii) which is owned or controlled by persons of a
contiguous foreign country and is not domiciled in the
United States; and
``(B) in the case of a person which is not a motor
carrier of property, which provides interstate
transportation of property by motor vehicle under an
agreement or contract entered into with a motor carrier
of property (other than a motor private carrier or a
motor carrier of property described in subparagraph
(A));
``(6) `foreign motor private carrier' means a person
(including a motor private carrier but excluding a motor
carrier of property)--
``(A)(i) which is domiciled in a contiguous foreign
country; or
``(ii) which is owned or controlled by persons of a
contiguous foreign country and is not domiciled in the
United States; and
``(B) in the case of a person which is not a motor
private carrier, which provides interstate
transportation of property by motor vehicle under an
agreement or contract entered into with a person (other
than a motor carrier of
property or a motor private carrier described in
subparagraph (A));
``(7) `freight forwarder' means a person holding itself out
to the general public (other than as a pipeline, rail, motor,
or water carrier) to provide transportation of property for
compensation and in the ordinary course of its business--
``(A) assembles and consolidates, or provides for
assembling and consolidating, shipments and performs or
provides for break-bulk and distribution operations of
the shipments;
``(B) assumes responsibility for the transportation
from the place of receipt to the place of destination;
and
``(C) uses for any part of the transportation a
carrier subject to jurisdiction under part A or part B
of this subtitle. Such term does not include a person
using transportation of an air carrier subject to part
A of subtitle VII of this title;
``(8) `highway' means a road, highway, street, and way in a
State;
``(9) `household goods' means--
``(A) personal effects and property used or to be
used in a dwelling when a part of the equipment or
supply of such dwelling and similar property; except
that this subparagraph shall not be construed to
include property moving from a factory or store, except
such property as the householder has purchased with
intent to use in his dwelling and which is transported
at the request of, and the transportation charges paid
to the carrier by, the householder;
``(B) furniture, fixtures, equipment, and the
property of stores, offices, museums, institutions,
hospitals or other establishments when a part of the
stock, equipment, or supply of such stores, offices,
museums, institutions, hospitals, or other
establishments and similar property; except that this
subparagraph shall not be construed to include the
stock-in-trade of any establishment, whether consignor
or consignee, other than used furniture and used
fixtures, except when transported as incidental to
moving of the establishment, or a portion thereof, from
one location to another; and
``(C) articles, including objects of art, displays,
and exhibits, which because of their unusual nature or
value require the specialized handling and equipment
usually employed in moving household goods and similar
articles; except that this subparagraph shall not be
construed to include any article, whether crated or
uncrated, which does not, because of its unusual nature
or value, require the specialized handling and
equipment usually employed in moving household goods;
``(10) `household goods freight forwarder' means a freight
forwarder of one or more of the following items: household
goods, unaccompanied baggage, or used automobiles;
``(11) `motor carrier' means a person providing motor
vehicle transportation for compensation over regular or
irregular routes, or both;
``(12) `motor private carrier' means a person, other than a
motor carrier, transporting property by motor vehicle when--
``(A) the transportation is as provided in section
13501 of this title;
``(B) the person is the owner, lessee, or bailee of
the property being transported; and
``(C) the property is being transported for sale,
lease, rent, or bailment, or to further a commercial
enterprise;
``(13) `motor vehicle' means a vehicle, machine, tractor,
trailer, or semitrailer propelled or drawn by mechanical power
and used on a highway in transportation, or a combination
determined by the Secretary, but does not include a vehicle,
locomotive, or car operated only on a rail, or a trolley bus
operated by electric power from a fixed overhead wire, and
providing local passenger transportation similar to street-
railway service;
``(14) `non-contiguous domestic trade' means motor-water
transportation subject to jurisdiction under chapter 135 of
this title involving traffic originating in or destined to
Alaska, Hawaii, or a territory or possession of the United
States;
``(15) `person', in addition to its meaning under section 1
of title 1, includes a trustee, receiver, assignee, or personal
representative of a person;
``(16) `Single line rate', in section 13703, refers to a
rate, charge, or allowance proposed by a single motor common
carrier that is applicable only over its line and for which the
transportation can be provided by that carrier;
``(17) `State' means a State of the United States and the
District of Columbia;
``(18) `transportation' includes--
``(A) a motor vehicle, vessel, warehouse, wharf,
pier, dock, yard, property, facility, instrumentality,
or equipment of any kind related to the movement of
passengers or property, or both, regardless of
ownership or an agreement concerning use; and
``(B) services related to that movement, including
receipt, delivery, elevation, transfer in transit,
refrigeration, icing, ventilation, storage, handling,
and interchange of passengers and property;
``(19) `United States' means the States of the United
States and the District of Columbia;
``(20) `vessel' means a watercraft or other artificial
contrivance that is used, is capable of being used, or is
intended to be used, as a means of transportation by water; and
``(21) `water carrier' means a person providing water
transportation for compensation.
``Sec. 13103. Remedies are exclusive
``Except as otherwise provided in this part, the remedies provided
under this part are exclusive and preempt the remedies provided under
any Federal or State statute.
``CHAPTER 133--ADMINISTRATIVE PROVISIONS
``Sec. 13301. Powers
``(a) Except as otherwise specified, the Secretary of
Transportation shall carry out this part. Enumeration of a power of the
Secretary in this part does not exclude another power the Secretary may
have in carrying out this part. The Secretary may prescribe regulations
in carrying out this part.
``(b) The Secretary may obtain from carriers providing, and brokers
for, transportation and service subject to this part, and from persons
controlling, controlled by, or under common control with those carriers
or brokers to the extent that the business of that person is related to
the management of the business of that carrier or broker, information
the Secretary decides is necessary to carry out this part.
``(c)(1) The Secretary may subpena witnesses and records related to
a proceeding under this part from any place in the United States, to
the designated place of the proceeding. If a witness disobeys a
subpena, the Secretary, or a party to a proceeding under this part, may
petition a court of the United States to enforce that subpena.
``(2) The district courts of the United States have jurisdiction to
enforce a subpena issued under this section. Trial is in the district
in which the proceeding is conducted. The court may punish a refusal to
obey a subpena as a contempt of court.
``(d)(1) In a proceeding under this part, the Secretary may take
the testimony of a witness by deposition and may order the witness to
produce records. A party to a proceeding pending under this part may
take the testimony of a witness by deposition and may require the
witness to produce records at any time after a proceeding is at issue
on petition and answer.
``(2) If a witness fails to be deposed or to produce records under
paragraph (1) of this subsection, the Secretary may subpena the witness
to take a deposition, produce the records, or both.
``(3) A deposition may be taken before a judge of a court of the
United States, a United States magistrate judge, a clerk of a district
court, or a chancellor, justice, or judge of a supreme or superior
court, mayor or chief magistrate of a city, judge of a county court, or
court of common pleas of any State, or a notary public who is not
counsel or attorney of a party or interested in the proceeding.
``(4) Before taking a deposition, reasonable notice must be given
in writing by the party or the attorney of that party proposing to take
a deposition to the opposing party or the attorney of record of that
party, whoever is nearest. The notice shall state the name of the
witness and the time and place of taking the deposition.
``(5) The testimony of a person deposed under this subsection shall
be taken under oath. The person taking the deposition shall prepare, or
cause to be prepared, a transcript of the testimony taken. The
transcript shall be subscribed by the deponent.
``(6) The testimony of a witness who is in a foreign country may be
taken by deposition before an officer or person designated by the
Secretary or agreed on by the parties by written stipulation filed with
the Secretary. A deposition shall be filed with the Secretary promptly.
``(e) Each witness summoned before the Secretary or whose
deposition is taken under this section and the individual taking the
deposition are entitled to the same fees and mileage paid for those
services in the courts of the United States.
``(f) For those provisions of this part that are specified to be
carried out by the United States Transportation Board, the Board shall
have the same powers as the Secretary has under this section.
``Sec. 13302. Intervention
``Under regulations of the Secretary of Transportation, reasonable
notice of, and an opportunity to intervene and participate in, a
proceeding under this part related to transportation subject to
jurisdiction under subchapter I of chapter 135 of this title shall be
given to interested persons.
``Sec. 13303. Service of notice in proceedings under this part
``(a) A motor carrier, a broker, or a freight forwarder providing
transportation or service subject to jurisdiction under chapter 135 of
this title shall designate in writing an agent by name and post office
address on whom service of notices in a proceeding before, and of
actions of, the Secretary may be made.
``(b) A motor carrier or broker providing transportation under this
part shall also file the designation with the authority of each State
in which it operates having jurisdiction to regulate transportation by
motor vehicle in intrastate commerce on the highways of that State. The
designation may be changed at any time in the same manner as originally
made.
``(c)(1) A notice to a motor carrier or broker is served personally
or by mail on the motor carrier or broker or its designated agent.
Service by mail on the designated agent is made at the address filed
for the agent. When notice is given by mail, the date of mailing is
considered to be the time when the notice is served. If a motor carrier
or broker does not have a designated agent, service may be made by
posting a copy of the notice at the headquarters of the Department of
Transportation.
``(2) A notice to a freight forwarder is served personally or by
mail on the freight forwarder or its designated agent. Service by mail
on the designated agent is made at the address filed for the agent.
When notice is given by mail, the date of mailing is considered to be
the time when notice is served. If a freight forwarder does not have a
designated agent, service may be made by posting the notice at the
headquarters of the Department of Transportation.
``Sec. 13304. Service of process in court proceedings
``(a) A motor carrier or broker providing transportation subject to
jurisdiction under chapter 135 of this title, including a motor carrier
or broker operating within the United States while providing
transportation between places in a foreign country or between a place
in one foreign country and a place in another foreign country, shall
designate an agent in each State in which it operates by name and post
office address on whom process issued by a court with subject matter
jurisdiction may be served in an action brought against that carrier or
broker. The designation shall be in writing and filed with the
Department of Transportation. If a designation under this subsection is
not made, service may be made on any agent of the carrier or broker
within that State.
``(b) A designation under this section may be changed at any time
in the same manner as originally made.
``CHAPTER 135--JURISDICTION
``SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION
``Sec. 13501. General jurisdiction
``The Secretary of Transportation and the United States
Transportation Board have jurisdiction, as specified in this part, over
transportation by motor carrier and the procurement of that
transportation, to the extent that passengers, property, or both, are
transported by motor carrier--
``(1) between a place in--
``(A) a State and a place in another State;
``(B) a State and another place in the same State
through another State;
``(C) the United States and a place in a territory
or possession of the United States to the extent the
transportation is in the United States;
``(D) the United States and another place in the
United States through a foreign country to the extent
the transportation is in the United States; or
``(E) the United States and a place in a foreign
country to the extent the transportation is in the
United States; and
``(2) in a reservation under the exclusive jurisdiction of
the United States or on a public highway.
``Sec. 13502. Exempt transportation between Alaska and other States
``To the extent that transportation by a motor carrier between a
place in Alaska and a place in another State under section 13501 of
this title is provided in a foreign country--
``(1) neither the Secretary of Transportation nor the
United States Transportation Board has jurisdiction to impose a
requirement over conduct of the motor carrier in the foreign
country conflicting with a requirement of that country; but
``(2) the motor carrier, as a condition of providing
transportation in the United States, shall comply, with respect
to all transportation provided between Alaska and the other
State, with the requirements of this part related to rates and
practices applicable to the transportation.
``Sec. 13503. Exempt motor vehicle transportation in terminal areas
``(a)(1) Neither the Secretary of Transportation nor the United
States Transportation Board has jurisdiction under this subchapter over
transportation by motor vehicle provided in a terminal area when the
transportation--
``(A) is a transfer, collection, or delivery;
``(B) is provided by--
``(i) a rail carrier subject to jurisdiction under
chapter 105 of this title;
``(ii) a water carrier subject to jurisdiction
under subchapter II of this chapter; or
``(iii) a freight forwarder subject to jurisdiction
under subchapter III of this chapter; and
``(C) is incidental to transportation or service provided
by the carrier or freight forwarder that is subject to
jurisdiction under chapter 105 of this title or under
subchapter II or III of this chapter.
``(2) Transportation exempt from jurisdiction under paragraph (1)
of this subsection is subject to jurisdiction under chapter 105 of this
title when provided by such a rail carrier, under subchapter II of this
chapter when provided by such a water carrier, and under subchapter III
of this chapter when provided by such a freight forwarder.
``(b)(1) Except to the extent provided by paragraph (2) of this
subsection, neither the Secretary nor the Board has jurisdiction under
this subchapter over transportation by motor vehicle provided in a
terminal area when the transportation--
``(A) is a transfer, collection, or delivery; and
``(B) is provided by a person as an agent or under other
arrangement for--
``(i) a rail carrier subject to jurisdiction under
chapter 105 of this title;
``(ii) a motor carrier subject to jurisdiction
under this subchapter;
``(iii) a water carrier subject to jurisdiction
under subchapter II of this chapter; or
``(iv) a freight forwarder subject to jurisdiction
under subchapter III of this chapter.
``(2) Transportation exempt from jurisdiction under paragraph (1)
of this subsection is considered transportation provided by the carrier
or service provided by the freight forwarder for whom the
transportation was provided and is subject to jurisdiction under
chapter 105 of this title when provided for such a rail carrier, under
this subchapter when provided for such a motor carrier, under
subchapter II of this chapter when provided for such a water carrier,
and under subchapter III of this chapter when provided for such a
freight forwarder.
``Sec. 13504. Exempt motor carrier transportation entirely in one State
``Neither the Secretary of Transportation nor the United States
Transportation Board has jurisdiction under this subchapter over
transportation, except transportation of household goods, by a motor
carrier operating solely within the State of Hawaii. The State of
Hawaii may regulate transportation exempt from jurisdiction under this
section and, to the extent provided by a motor carrier operating solely
within the State of Hawaii, transportation exempt under section 13503
of this title.
``SUBCHAPTER II--WATER CARRIER TRANSPORTATION
``Sec. 13521. General jurisdiction
``The Board has jurisdiction over transportation insofar as water
carriers are concerned--
``(1) by water carrier between a place in a State and a
place in another State, even if part of the transportation is
outside the United States;
``(2) by water carrier and motor carrier from a place in a
State to a place in another State, except that if part of the
transportation is outside the United States, the Secretary only
has jurisdiction over that part of the transportation
provided--
``(A) by motor carrier that is in the United
States; and
``(B) by water carrier that is from a place in the
United States to another place in the United States;
and
``(3) by water carrier or by water carrier and motor
carrier between a place in the United States and a place
outside the United States, to the extent that--
``(A) when the transportation is by motor carrier,
the transportation is provided in the United States;
``(B) when the transportation is by water carrier
to a place outside the United States, the
transportation is provided by water carrier from a
place in the United States to another place in the
United States before transshipment from a place in the
United States to a place outside the United States; and
``(C) when the transportation is by water carrier
from a place outside the United States, the
transportation is provided by water carrier from a
place in the United States to another place in the
United States after transshipment to a place in the
United States from a place outside the United States.
``SUBCHAPTER III--FREIGHT FORWARDER SERVICE
``Sec. 13531. General jurisdiction
``(a) The Secretary of Transportation and the United States
Transportation Board have jurisdiction, as specified in this part, over
service that a freight forwarder undertakes to provide, or is
authorized or required under this part to provide, to the extent
transportation is provided in the United States and is between--
``(1) a place in a State and a place in another State, even
if part of the transportation is outside the United States;
``(2) a place in a State and another place in the same
State through a place outside the State; or
``(3) a place in the United States and a place outside the
United States.
``(b) Neither the Secretary nor the Board has jurisdiction under
subsection (a) of this section over service undertaken by a freight
forwarder using transportation of an air carrier subject to part A of
subtitle VII of this title.
``SUBCHAPTER IV--AUTHORITY TO EXEMPT
``Sec. 13541. Authority to exempt transportation or services
``(a) In any matter subject to jurisdiction under this chapter, the
Secretary of Transportation or the United States Transportation Board,
as applicable, shall exempt a person, class of persons, or a
transaction or service from the application of a provision of this
title, or use this exemption authority to modify a provision of this
title, when the Secretary or Board finds that the application of that
provision in whole or in part--
``(1) is not necessary to carry out the transportation
policy of section 13101 of this title; and
``(2) either (A) the transaction or service is of limited
scope, or (B) the application of a provision of this title is
not needed to protect shippers from the abuse of market power.
In a proceeding that affects the transportation of household goods as
defined in section 13102(8)(A), the Secretary or the Board shall also
consider whether the exemption will be consistent with the
transportation policy set forth in section 13101 of this title and will
not be detrimental to the interests of individual shippers.
``(b) The Secretary or 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) The Secretary or Board, as applicable, may specify the period
of time during which an exemption granted under this section is
effective.
``(d) The Secretary or Board, as applicable, may revoke an
exemption, to the extent specified, on finding that application of a
provision of this title to the person, class, or transportation is
necessary to carry out the transportation policy of section 13101 of
this title.
``(e) This exemption authority may not be used to relieve a person
(except a person that would have been covered by a statutory exemption
under subchapter II or IV of chapter 105 of this title on the date of
enactment of the Transportation Regulatory Streamlining Act of 1995)
from the application of, and compliance with, any law, rule,
regulation, standard, or order pertaining to cargo loss and damage;
insurance; or safety fitness.
``CHAPTER 137--RATES AND THROUGH ROUTES
``Sec. 13701. Requirements for rates, classifications, through routes,
rules, and practices for certain transportation
``(a) A rate, classification, rule, or practice related to
transportation or service provided by a carrier subject to jurisdiction
under subchapters I or III of chapter 135 of this title for
transportation or service involving (1) a household goods movement paid
for by the householder or (2) a joint rate for a through movement with
a water carrier in non-contiguous domestic trade must be reasonable.
Through routes and divisions of joint rates for such transportation or
service must be reasonable.
``(b) When the United States Transportation 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.
``Sec. 13702. Tariff requirement for certain transportation
``(a) A carrier subject to jurisdiction under subchapters I or III
of chapter 135 of this title shall provide transportation or service
under a joint rate for a through movement in non-contiguous domestic
trade, or a movement involving household goods paid for by the
householder, only if the rate for such transportation or service is
contained in a tariff that is in effect under this section. A carrier
subject to this section may not charge or receive a different
compensation for that transportation or service than the rate specified
in the tariff whether by returning a part of that rate to a person,
giving a person a privilege, allowing the use of a facility that
affects the value of that transportation or service, or another device.
``(b)(1) A carrier providing transportation or service subject to
the requirement of subsection (a) shall publish and file with the
United States Transportation Board tariffs containing the rates
established for such transportation or service except a movement
involving household goods paid for by the householder. The Board may
prescribe other information that carriers shall include in such
tariffs.
``(2) Carriers that publish tariffs under this section shall keep
them open for public inspection. A rate contained in a tariff shall be
stated in money of the United States.
``(c)(1) The Board shall prescribe the form and manner of
publishing, filing, and keeping tariffs open for public inspection
under this section. The Board may prescribe specific charges to be
identified in a tariff published by a carrier, but those 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 providing
transportation or service subject to jurisdiction under
subchapter III of chapter 135 of this title;
``(D) privileges given and facilities allowed; and
``(E) any rules that change, affect, or determine any part
of the published rate.
``(d) The Board may permit carriers to change rates,
classifications, rules, and practices without filing complete tariffs
that cover matter that is not being changed when the Board finds that
action to be consistent with the public interest. Those carriers may
publish new tariffs that incorporate changes or plainly indicate the
proposed changes in the tariffs then in effect and kept open for public
inspection.
``(e) The Board may reject a tariff submitted to it by a carrier
under this section if that tariff violates this section or regulation
of the Board carrying out this section.
``(f)(1) A carrier subject to jurisdiction under subchapter I or
III of chapter 135 of this title providing transportation of household
goods as defined in section 13102(8)(A) shall maintain rates and
related rules and practices in a published tariff. The tariff must be
available for inspection by the Board and by shippers, upon reasonable
request, at the offices of each tariff publishing agent of the carrier.
``(2) A carrier that maintains a tariff and makes it available for
inspection as provided in paragraph (1) may not enforce the provisions
of the tariff unless the carrier has given notice that the tariff is
available for inspection in its bill of lading or by other actual
notice to individuals whose shipments are subject to the tariff.
``(3) A carrier that maintains a tariff under this subsection is
bound by the tariff except as otherwise provided in this subtitle. A
carrier that does not maintain a tariff as provided in this subsection
may not enforce the tariff against any individual shipper except as
otherwise provided in this subtitle, and shall not transport household
goods as so defined.
``(4) A carrier may incorporate by reference the rates, terms, and
other conditions in a tariff in agreements with commercial shippers of
household goods, as so defined, if the tariff is maintained as provided
in this subsection and the agreement gives notice of the incorporation
and of the availability of the tariff for inspection by the commercial
shipper.
``(5) A complaint against a rate or related rule or practice
maintained in a tariff under this subsection in violation of section
13701(a) may be filed with the Board.
``Sec. 13703. Certain collective activities; exemption from antitrust
laws
``(a) A motor carrier providing transportation or service subject
to jurisdiction under chapter 135 of this title may enter into an
agreement with one or more such carriers establishing through routes
and joint rates, rates assessed for the transportation of household
goods movements paid for by the householder and concerning
classifications divisions, rate adjustments of general application
based on industry average carrier costs, with no discussion of
individual markets or particular single line rates or mileage guides,
rules, or procedures for joint consideration, initiation, or
establishment of them. Such agreement may be submitted to the United
States Transportation Board for approval by any carrier or carriers
which are parties to such agreement and may be approved by the Board if
it finds that such agreement is in the public interest. 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 of this part. The Board may suspend and
investigate the reasonableness of any classification or rate adjustment
of general application filed under this section. 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 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) 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) 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 meet 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) Agreements in effect on the date of enactment of the
Transportation Regulatory Streamlining Act of 1995 shall remain in
effect until further order of the Board.
``(e) The Board shall permit joint activities under subsection (a)
only for so long as the activities are in the public interest.
``(f) Nothing in this section shall serve as a basis for any
undercharge claim.
``(g) Nothing in this title, the Transportation Regulatory
Streamlining Act of 1995, or any amendments or repeals made by that Act
creates any obligation for a shipper based solely on a classification
that was on file with the Commission or elsewhere on the date of
enactment of that Act.
``Sec. 13704. Household goods rates--estimates; guarantees of service
``(a)(1) Subject to the provisions of paragraph (2) of this
subsection, a motor carrier providing transportation of household goods
subject to jurisdiction under subchapter I of chapter 135 of this title
may establish a rate for the transportation of household goods which is
based on the carrier's written, binding estimate of charges for
providing such transportation.
``(2) Any rate established under this subsection must be available
on a nonpreferential basis to shippers and must not result in charges
to shippers which are predatory.
``(b)(1) Subject to the provisions of paragraph (2) of this
subsection, a motor carrier providing transportation of household goods
subject to jurisdiction under subchapter I of chapter 135 of this title
may establish rates for the transportation of household goods which
guarantee that the carrier will pick up and deliver such household
goods at the times specified in the contract for such services and
provide a penalty or per diem payment in the event the carrier fails to
pick up or deliver such household goods at the specified time. The
charges, if any, for such guarantee and penalty provision may vary to
reflect one or more options available to meet a particular shipper's
needs.
``(2) Before a carrier may establish a rate for any service under
paragraph (1) of this subsection, the Secretary of Transportation may
require such carrier to have in effect and keep in effect, during any
period such rate is in effect under such paragraph, a rate for such
service which does not guarantee the pick up and delivery of household
goods at the times specified in the contract for such services and
which does not provide a penalty or per diem payment in the event the
carrier fails to pick up or deliver household goods at the specified
time.
``Sec. 13705. Requirements for through routes among motor carriers of
passengers
``(a) A motor carrier of passengers shall establish through routes
with other carriers of the same type and shall establish individual and
joint rates applicable to them.
``(b) A through route between motor carriers providing
transportation of passengers subject to jurisdiction under subchapter I
of chapter 135 must be reasonable.
``(c) When the United States Transportation 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 for payment of rates for transportation for a
shipment of property by a shipper or consignor to a consignee other
than the shipper or consignor, is determined under this section when
the transportation is provided by motor carrier under this part. When
the shipper or consignor instructs the carrier transporting the
property to deliver it to a consignee that is an agent only, not having
beneficial title to the property, the consignee is liable for rates
billed at the time of delivery for which the consignee is otherwise
liable, but not for additional rates that may be found to be due after
delivery if the consignee gives written notice to the delivering
carrier before delivery of the property--
``(1) of the agency and absence of beneficial title; and
``(2) of the name and address of the beneficial owner of
the property if it is reconsigned or diverted to a place other
than the place specified in the original bill of lading.
``(b) When the consignee is liable only for rates billed at the
time of delivery under subsection (a) of this section, the shipper or
consignor, or, if the property is reconsigned or diverted, the
beneficial owner, is liable for those additional rates regardless of
the bill of the lading or contract under which the property was
transported. The beneficial owner is liable for all rates when the
property is reconsigned or diverted by an agent but is refused or
abandoned at its ultimate destination if the agent gave the carrier in
the reconsignment or diversion order a notice of agency and the name
and address of the beneficial owner. A consignee giving the carrier
erroneous information about the identity of the beneficial owner of the
property is liable for the additional rates.
``Sec. 13707. Billing and collecting practices
``A motor carrier subject to jurisdiction under subchapter I of
chapter 135 shall disclose, when a document is presented or transmitted
electronically for payment to the person responsible directly to the
motor carrier for payment or agent of such responsible person, the
actual rates, charges, or allowances for any transportation service. No
person may cause a motor carrier to present false or misleading
information on a document about the actual rate, charge, or allowance
to any party to the transaction. When the actual rate, charge, or
allowance is dependent upon the performance of a service by a party to
the transportation arrangement, such as tendering a volume of freight
over a stated period of time, the motor carrier shall indicate in any
document presented for payment to the person responsible directly to
the motor carrier that a reduction, allowance, or other adjustment may
apply.
``Sec. 13708. Procedures for resolving claims involving unfiled,
negotiated transportation rates
``(a) In General.--With respect to transportation prior to the
effective date of the Transportation Regulatory Streamlining Act of
1995, when a claim is made by a motor carrier of property (other than a
household goods carrier) providing transportation subject to
jurisdiction under subchapter I of chapter 135 of this title, by a
freight forwarder (other than a household goods freight forwarder), or
by a party representing such a carrier or freight forwarder regarding
the collection of rates or charges for such transportation in addition
to those originally billed and collected by the carrier or freight
forwarder for such transportation, the person against whom the claim is
made may elect to satisfy the claim under the provisions of subsection
(b), (c), or (d) , upon showing that--
``(1) the carrier or freight forwarder is no longer
transporting property or is transporting property for the
purpose of avoiding the application of this section; and
``(2) with respect to the claim--
``(A) the person was offered a transportation rate
by the carrier or freight forwarder other than that
legally on file with the former Interstate Commerce
Commission for the transportation service;
``(B) the person tendered freight to the carrier or
freight forwarder in reasonable reliance upon the
offered transportation rate;
``(C) the carrier or freight forwarder did not
properly or timely file with the former Interstate
Commerce Commission a tariff providing for such
transportation rate or failed to enter into an
agreement for contract carriage;
``(D) such transportation rate was billed and
collected by the carrier or freight forwarder; and
``(E) the carrier or freight forwarder demands
additional payment of a higher rate filed in a tariff.
If there is a dispute as to the showing under paragraph (1),
such dispute shall be resolved by the court in which the claim
is brought. If there is a dispute as to the showing under
paragraph (2), such dispute shall be resolved by the United
States Transportation Board. Pending the resolution of any such
dispute, the person shall not have to pay any additional
compensation to the carrier or freight forwarder. Satisfaction
of the claim under subsection (b), (c), or (d) shall be binding
on the parties, and the parties shall not be subject to chapter
119 of this title.
``(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 subsections (b), (c) or (d), the person may
pursue all rights and remedies existing under this title at the time of
enactment of the Transportation Regulatory Streamlining Act of 1995.
``(f) Stay of Additional Compensation.--When a person proceeds
under this section to challenge the reasonableness of the legally
applicable freight rate or charges being claimed by a carrier or
freight forwarder described in subsection (a) in addition to those
already billed and collected, the person shall not have to pay any
additional compensation to the carrier or freight forwarder until the
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--
``(i) the 60th day following the filing of an
answer to a suit for the collection of such additional
legally applicable freight rate or charges, or
``(ii) 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--
``(i) the 60th day following the filing of an
answer to a suit for the collection of such additional
legally applicable freight rate or charges, or
``(ii) March 5, 1994.
``(h) Claims Involving Small Business Concerns, Charitable
Organizations, and Recyclable Materials.--Notwithstanding subsections
(b), (c), and (d), a person from whom the additional legally applicable
and effective tariff rate or charges are sought shall not be liable for
the difference between the carrier's applicable and effective tariff
rate and the rate originally billed and paid--
``(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. In this provision, ``recyclable materials'' means
waste products for recycling or reuse in the furtherance of
recognized pollution control programs.
``Sec. 13709. Additional motor carrier undercharge provisions
``(a)(1) A motor carrier of property (other than a motor carrier
providing transportation in noncontiguous domestic trade) shall provide
to the shipper, on request of the shipper, a written or electronic copy
of the rate, classification, rules, and practices, upon which any rate
agreed to between the shipper and carrier may have been based.
``(2) With respect to transportation prior to the effective date of
the Transportation Regulatory Streamlining Act of 1995, 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 United States Transportation Board shall determine
whether such rates and provisions are reasonable or applicable based on
the record before it. In those cases where a motor carrier (other than
a motor carrier providing transportation of household goods or in
noncontiguous domestic trade) seeks to collect charges in addition to
those billed and collected which are contested by the payor, the
carrier may request that the 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 original bill in order to have the right to
collect such charges.
``(3) With respect to transportation prior to the effective date of
the Transportation Regulatory Streamlining Act of 1995, if a shipper
seeks to contest the charges originally billed, the shipper may request
that the Board determine whether the charges originally billed must be
paid. A shipper must contest the original bill within 180 days in order
to have the right to contest such charges.
``(4) Any tariff on file with the Interstate Commerce Commission on
August 26, 1994, not required to be filed after that date is null and
void beginning on that date. Any tariff on file with the Interstate
Commerce Commission on the effective date of the Transportation
Regulatory Streamlining Act of 1995 not required to be filed after that
date is null and void beginning on that date.
``(b) If a motor carrier (other than a motor carrier providing
transportation of household goods) subject to jurisdiction under
subchapter I of chapter 135 of this title had authority to provide
transportation as both a motor common carrier and a motor contract
carrier and a dispute arises as to whether certain transportation that
was provided prior to the effective date of the Transportation
Regulatory Streamlining Act of 1995 was provided in its common carrier
or contract carrier capacity and the parties are not able to resolve
the dispute consensually, the Board shall resolve the dispute.
``Sec. 13710. Alternative procedure for resolving undercharge disputes
``(a) General Rule.--It shall be an unreasonable practice for a
motor carrier of property (other than a household goods carrier)
providing transportation that was subject to jurisdiction under
subchapter II of chapter 105 of title, a freight forwarder (other than
a household goods freight forwarder), or a party representing such a
carrier or freight forwarder to attempt to charge or to charge for a
transportation service the difference between the applicable rate that
was lawfully in effect pursuant to a tariff that was filed in
accordance with chapter 107 of this title by the carrier or freight
forwarder applicable to such transportation service and the negotiated
rate for such transportation service if the carrier or freight
forwarder is no longer transporting property between places described
in section 13501(1) of this title or is transporting property between
places described in section 13501(1) of this title for the purpose of
avoiding the application of this section.
``(b) Jurisdiction of Board.--The United States Transportation
Board shall have jurisdiction to make a determination of whether or not
attempting to charge or the charging of a rate by a motor carrier or
freight forwarder or party representing a motor carrier or freight
forwarder is an unreasonable practice under subsection (a). If the
Board determines that attempting to charge or the charging of the rate
is an unreasonable practice under subsection (a), the carrier, freight
forwarder, or party may not collect the difference described in
subsection (a) between the applicable rate and the negotiated rate for
the transportation service. In making such determination, the Board
shall consider--
``(1) whether the person was offered a transportation rate
by the carrier or freight forwarder or party other than that
legally on file with the Interstate Commerce Commission at the
time of the movement for the transportation service;
``(2) whether the person tendered freight to the carrier or
freight forwarder in reasonable reliance upon the offered
transportation rate;
``(3) whether the carrier or freight forwarder did not
properly or timely file with the Interstate Commerce Commission
a tariff providing for such transportation rate or failed to
enter into an agreement for contract carriage;
``(4) whether the transportation rate was billed and
collected by the carrier or freight forwarder; and
``(5) whether the carrier or freight forwarder or party
demands additional payment of a higher rate filed in a tariff.
``(c) Stay of Additional Compensation.--When a person proceeds
under this section to challenge the reasonableness of the practice of a
motor carrier, freight forwarder, or party described in subsection (a)
to attempt to charge or to charge the difference described in
subsection (a) between the applicable rate and the negotiated rate for
the transportation service in addition to those charges already billed
and collected for the transportation service, the person shall not have
to pay any additional compensation to the carrier, freight forwarder,
or party
until the Board has made a determination as to the reasonableness of
the practice as applied to the freight of the person against whom the
claim is made.
``(d) Treatment.--Subsection (a) is an exception to the
requirements of section 13702, and for transportation prior to the
effective date of the Transportation Regulatory Streamlining Act of
1995 to the requirements of sections 10761(a) and 10762 of this title,
relating to a filed tariff rate and other general tariff requirements.
``(e) Nonapplicability of Negotiated Rate Dispute Resolution
Procedure.--If a person elects to seek enforcement of subsection (a)
with respect to a rate for a transportation or service, section 13708
of this part shall not apply to such rate.
``(f) Definitions.--For purposes of this section, the term
`negotiated rate' means a rate, charge, classification, or rule agreed
upon by a motor carrier or freight forwarder and a shipper through
negotiations pursuant to which no tariff was lawfully and timely filed
and for which there is written evidence of such agreement.
``CHAPTER 139--REGISTRATION
``Sec. 13901. Requirement for registration
``A person may provide transportation or service subject to
jurisdiction under subchapter I or III of chapter 135 of this title or
be a broker for transportation subject to jurisdiction under subchapter
I of that chapter, only if the person is currently registered under
this subchapter to provide the transportation or service.
``Sec. 13902. Registration of motor carriers
``(a)(1) Except as provided in this section, the Secretary of
Transportation shall register a person to provide transportation
subject to jurisdiction under subchapter I of chapter 135 of this title
as a motor carrier if the Secretary finds that the person is willing
and able to comply with--
``(A) this part, the applicable regulations of the
Secretary and the United States Transportation Board, and any
safety requirements imposed by the Secretary,
``(B) the safety fitness requirements established by the
Secretary under section 31144 of this title, and
``(C) the minimum financial responsibility requirements
established by the Secretary pursuant to sections 13906 and
31128 of this title.
``(2) The Secretary shall consider and, to the extent applicable,
make findings on, any evidence demonstrating that the registrant is
unable to comply with the requirements of subparagraph (A), (B), or (C)
of paragraph (1).
``(3) The Secretary shall find any registrant as a motor carrier
under this section to be unfit if the registrant does not meet the
fitness requirements under paragraph (1) of this subsection and shall
withhold registration.
``(4) The Secretary may hear a complaint from any person concerning
a registration under this subsection only on the ground that the
registrant fails or will fail to comply with this part, the applicable
regulations of the Secretary and the Board, the safety requirements of
the Secretary, or the safety fitness or minimum financial
responsibility requirements of paragraph (1) of this subsection.
``(b) Notwithstanding any other provision of law, any motor carrier
providing transportation of shipments weighing 100 pounds or less
transported in a motor vehicle in which no one package exceeds 100
pounds operating one or more commercial motor vehicles with a gross
vehicle weight rating of 10,000 pounds or more shall be subject to
commercial motor vehicle safety regulations promulgated by the
Secretary of Transportation pursuant to this title with respect to its
entire operations, including the operations of commercial motor
vehicles with gross vehicle weight ratings less than 10,000 pounds.
``(c) Motor Carriers of Passengers.--
``(1) 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.
``(2) No State or political subdivision thereof and no
interstate agency or other political agency of two or more
States shall enact or enforce any law, rule, regulation,
standard or other provision having the force and effect of law
relating to the provision of pickup and delivery of express
packages, newspapers, or mail in a commercial zone if the
shipment has had or will have a prior or subsequent movement by
bus in intrastate commerce and, if a city within the commercial
zone, is served by a motor carrier of passengers providing
regular-route transportation of passengers subject to
jurisdiction under subchapter I of chapter 135 of this title.
``(3) Any intrastate transportation authorized under this
subsection shall be deemed to be transportation subject to
jurisdiction under subchapter I of chapter 135 of this title
until such time, not later than 30 days after the date on which
a motor carrier of passengers first begins providing
transportation entirely in one State pursuant to this
paragraph, as the carrier takes such action as is necessary to
establish under the laws of such State rates, rules, and
practices applicable to such transportation.
``(4) 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.
``(5) Notwithstanding paragraph (3) of this subsection,
intrastate transportation authorized under this subsection may
be suspended or revoked by the Secretary under section 13905 of
this title at any time.
``(d) Restrictions on Motor Carriers Domiciled in or Owned or
Controlled by Nationals of a Contiguous Foreign Country.--
``(1) If the President of the United States, or his or her
delegate, determines that an act, policy, or practice of a
foreign country contiguous to the United States, or any
political subdivision or any instrumentality of any such
country is unreasonable or discriminatory and burdens or
restricts United States transportation companies providing, or
seeking to provide, motor carrier transportation of property or
passengers to, from, or within such foreign country, the
President, or his or her delegate, may--
``(A) seek elimination of such practices through
consultations; or
``(B) notwithstanding any other provision of law,
suspend, modify, amend, condition, or restrict
operations, including geographical restriction of
operations, in the United States by motor carriers of
property or passengers domiciled in such foreign
country or owned or controlled by persons of such
foreign country.
``(2) Any action taken under paragraph (2)(B) to eliminate
an act, policy, or practice shall be so devised so as to equal
to the extent possible the burdens or restrictions imposed by
such foreign country on United States transportation companies.
``(3) The President, or his or her delegate, may remove or
modify in whole or in part any action taken under paragraph
(2)(B) if the President, or his or her delegate, determines
that such removal or modification is consistent with the
obligations of the United States under a trade agreement or
with United States transportation policy.
``(4) Unless and until the President or his or her delegate
makes a determination under paragraphs (1) or (3) above,
nothing in this subsection shall affect--
``(A) operations of motor carriers of property or
passengers domiciled in any contiguous foreign country
or owned or controlled by persons of any contiguous
foreign country permitted in the commercial zones along
the U.S.-Mexico border as defined at the time of
enactment of the Transportation Regulatory Streamlining
Act of 1995; or
``(B) any existing restrictions on operations of
motor carriers of property or passengers domiciled in
any contiguous foreign country or owned or controlled
by persons of any contiguous foreign country or any
modifications thereof pursuant to section 6 of the Bus
Regulatory Reform Act of 1982.
``(5) Unless the President, or his or her delegate,
determines that expeditious action is required, he shall
publish in the Federal Register any determination under
paragraphs (1) or (3) together with a description of the facts
on which such a determination is based and any proposed action
to be taken pursuant to paragraphs (1)(B) or (3) and provide an
opportunity for public comments.
``(6) The President may delegate any or all authority under
this subsection to the Secretary of Transportation, who shall
consult with other agencies as appropriate. In accordance with
the directions of the President, the Secretary of
Transportation may issue regulations to enforce this
subsection.
``(7) Either the Secretary of Transportation or the
Attorney General may bring a civil action in an appropriate
district court of the United States to enforce this subsection
or a regulation prescribed or order issued under this
subsection. The court may award appropriate relief, including
injunctive relief.
``(8) This subsection shall not affect the requirement for
all foreign motor carriers operating in the United States to
fully comply with all applicable laws and regulations
pertaining to fitness; safety of operations; financial
responsibility; and taxes imposed by section 4481 of the
Internal Revenue Code of 1994.
``Sec. 13903. Registration of freight forwarders
``(a) The Secretary of Transportation shall register a person to
provide service subject to jurisdiction under subchapter III of chapter
135 as a freight forwarder, if the Secretary finds that the person is
fit, willing, and able to provide the service and to comply with this
part and applicable regulations of the Secretary and the United States
Transportation Board.
``(b) The freight forwarder may provide transportation as the
carrier itself only if the freight forwarder also has been registered
to provide transportation as a carrier under this chapter.
``Sec. 13904. Registration of motor carrier brokers
``(a) The Secretary of Transportation shall register, subject to
section 13906(b) of this title, a person to be a broker for
transportation of property subject to jurisdiction under subchapter I
of chapter 135 of this title, if the Secretary finds that the person is
fit, willing, and able to be a broker for transportation and to comply
with this part and applicable regulations of the Secretary .
``(b)(1) The broker may provide the transportation itself only if
the broker also has been registered to provide the transportation under
this chapter.
``(2) This subsection does not apply to a motor carrier registered
under this chapter or to an employee or agent of the motor carrier to
the extent the transportation is to be provided entirely by the motor
carrier, with other registered motor carriers, or with rail or water
carriers.
``(c) Regulations of the Secretary shall provide for the protection
of shippers by motor vehicle, to be observed by brokers.
``(d) The Secretary may impose on brokers for motor carriers of
passengers such requirements for bonds or insurance or both as the
Secretary determines are needed to protect passengers and carriers
dealing with such brokers.
``Sec. 13905. Effective periods of registration
``(a) Each registration under section 13902, 13903, or 13904 of
this title is effective from the date specified by the Secretary of
Transportation and remains in effect for a period of 5 years except as
otherwise provided in this section or in section 13906.
``(b) On application of the holder, the Secretary may amend or
revoke a registration. On complaint or on the Secretary's own
initiative and after notice and an opportunity for a proceeding, the
Secretary may suspend, amend, or revoke any part of the registration of
a motor carrier, broker, or freight forwarder for willful failure to
comply with this part, an applicable regulation or order of the
Secretary or of the United States Transportation Board, or a condition
of its registration.
``(c)(1) Except on application of the holder, the Secretary may
revoke a registration of a motor carrier, freight forwarder, or broker,
only after the Secretary has issued an order to the holder under
section 14701 of this title requiring compliance with this part, a
regulation of the Secretary, or a condition of the registration of the
holder, and the holder willfully does not comply with the order.
``(2) The Secretary may act under paragraph (1) of this subsection
only after giving the holder of the registration at least 30 days to
comply with the order.
``(d)(1) Without regard to subchapter II of chapter 5 of title 5,
the Secretary may suspend the registration of a motor carrier, a
freight forwarder, or a broker for failure to comply with safety
requirements of the Secretary or the safety fitness requirements
pursuant to section 13904(c), 13906, or 31144, of this title, or an
order or regulation of the Secretary prescribed under those sections.
``(2) Without regard to subchapter II of chapter 5 of title 5, the
Secretary may suspend a registration of a motor carrier of passengers
if the Secretary finds that such carrier has been conducting unsafe
operations which are an imminent hazard to public health or property.
``(3) The Secretary may suspend the registration only after giving
notice of the suspension to the holder. The suspension remains in
effect until the holder complies with those applicable sections or, in
the case of a suspension under paragraph (2) of this subsection, until
the Secretary revokes such suspension.
``Sec. 13906. Security of motor carriers, brokers, and freight
forwarders
``(a)(1) The Secretary of Transportation may register a motor
carrier under section 13902 only if the registering carrier (including
a motor private carrier, a foreign motor carrier, and a foreign motor
private carrier) files with the Secretary a bond, insurance policy, or
other type of security approved by the Secretary, in an amount not less
than such amount as the Secretary prescribes pursuant to, or as is
required by, sections 31138 and 31139 of this title, and the laws of
the State or States in which the carrier is operating, to the extent
applicable. The security must be sufficient to pay, not more than the
amount of the security, for each final judgment against the carrier for
bodily injury to, or death of, an individual resulting from the
negligent operation, maintenance, or use of motor vehicles, or for loss
or damage to property (except property referred to in paragraph (3) of
this subsection), or both. A registration remains in effect only as
long as the carrier continues to satisfy the security requirements of
this paragraph.
``(2) A motor carrier and a foreign motor private carrier and
foreign motor carrier operating in the United States (when providing
transportation between places in a foreign country or between a place
in one foreign country and a place in another foreign country) shall
comply with the requirements of sections 13303 and 13304. To protect
the public, the Secretary may require any such motor carrier to file
the type of security that a motor carrier is required to file under
paragraph (1) of this subsection.
``(3) The Secretary may require a registered motor carrier to file
with the Secretary a type of security sufficient to pay a shipper or
consignee for damage to property of the shipper or consignee placed in
the possession of the motor carrier as the result of transportation
provided under this part. A carrier required by law to pay a shipper or
consignee for loss, damage, or default for which a connecting motor
carrier is responsible is subrogated, to the extent of the amount paid,
to the rights of the shipper or consignee under any such security.
``(b) The Secretary may register a person as a broker under section
13904 of this title only if the person files with the Secretary a bond,
insurance policy, or other type of security approved by the Secretary
to ensure that the transportation for which a broker arranges is
provided. The registration remains in effect only as long as the broker
continues to satisfy the security requirements of this subsection.
``(c)(1) The Secretary may register a person as a freight forwarder
under section 13903 of this title only if the person files with the
Secretary a bond, insurance policy, or other type of security approved
by the Secretary. The security must be sufficient to pay, not more than
the
amount of the security, for each final judgment against the freight
forwarder for bodily injury to, or death of, an individual, or loss of,
or damage to, property (other than property referred to in paragraph
(2) of this subsection), resulting from the negligent operation,
maintenance, or use of motor vehicles by or under the direction and
control of the freight forwarder when providing transfer, collection,
or delivery service under this part.
``(2) The Secretary may require a registered freight forwarder to
file with the Secretary a bond, insurance policy, or other type of
security approved by the Secretary sufficient to pay, not more than the
amount of the security, for loss of, or damage to, property for which
the freight forwarder provides service.
``(3) The freight forwarder's registration remains in effect only
as long as the freight forwarder continues to satisfy the security
requirements of this subsection.
``(d) The Secretary may determine the type and amount of security
filed under this section. A motor carrier may submit proof of
qualifications as a self-insurer to satisfy the security requirements
of this section. The Secretary shall adopt regulations governing the
standards for approval as a self-insurer.
``(e) The Secretary shall promulgate regulations requiring the
submission to the Secretary of notices of insurance cancellation
sufficiently in advance of actual cancellation so as to enable the
Secretary to promptly revoke the registration of any carrier or broker
after the effective date of the cancellation. The Secretary shall also
prescribe the appropriate form of endorsement to be appended to
policies of insurance and surety bonds which will subject the insurance
policy or surety bond to the full security limits of the coverage
required under this section.
``Sec. 13907. Household goods agents
``(a) Each motor carrier providing transportation of household
goods subject to jurisdiction under subchapter I of chapter 135 of this
title shall be responsible for all acts or omissions of any of its
agents which relate to the performance of household goods
transportation services (including accessorial or terminal services)
subject to jurisdiction under subchapter I of chapter 135 of this title
and which are within the actual or apparent authority of the agent from
the carrier or which are ratified by the carrier.
``(b) Each motor carrier providing transportation of household
goods subject to jurisdiction under subchapter I of chapter 135 of this
title shall use due diligence and reasonable care in selecting and
maintaining agents who are sufficiently knowledgeable, fit, willing,
and able to provide adequate household goods transportation services
(including accessorial and terminal services) and to fulfill the
obligations imposed upon them by this part and by such carrier.
``(c)(1) Whenever the Secretary of Transportation has reason to
believe from a complaint or investigation that an agent providing
household goods transportation services (including accessorial and
terminal services) under the authority of a motor carrier providing
transportation of household goods subject to jurisdiction under
subchapter I of chapter 135 of this title has violated section 14901(e)
or 14912 of this title or is consistently not fit, willing, and able to
provide adequate household goods transportation services (including
accessorial and terminal services), the Secretary may issue to such
agent a complaint stating the charges and containing notice of the time
and place of a hearing which shall be held no later than 60 days after
service of the complaint to such agent.
``(2) Such agent shall have the right to appear at such hearing and
rebut the charges contained in the complaint.
``(3) If such person does not appear at the hearing or if the
Secretary finds that the agent has violated section 14901(e) or 14912
of this title or is consistently not fit, willing, and able to provide
adequate household goods transportation services (including accessorial
and terminal services), the Secretary may issue an order to compel
compliance with the requirement that the agent be fit, willing, and
able. Thereafter, the Secretary may issue an order to limit, condition,
or prohibit such agent from any involvement in the transportation or
provision of services incidental to the transportation of household
goods subject to jurisdiction under subchapter I of chapter 135 of this
title if, after notice and an opportunity for a hearing, the Secretary
finds that such agent, within a reasonable time after the date of
issuance of a compliance order under this section, but in no event less
than 30 days after such date of issuance, has willfully failed to
comply with such order.
``(4) Upon filing of a petition with the Secretary by an agent who
is the subject of an order issued pursuant to the second sentence of
paragraph (3) of this subsection and after notice, a hearing shall be
held with an opportunity to be heard. At such hearing, a determination
shall be made whether the order issued pursuant to paragraph (3) of
this subsection should be rescinded.
``(5) Any agent adversely affected or aggrieved by an order of the
Secretary issued under this subsection may seek relief in the
appropriate United States court of appeals as provided by and in the
manner prescribed in chapter 158 of title 28, United States Code.
``(d) The antitrust laws, as defined in the first section of the
Clayton Act (15 U.S.C. 12), do not apply to discussions or agreements
between a motor carrier providing transportation of household goods
subject to jurisdiction under subchapter I of chapter 135 of this title
and its agents (whether or not an agent is also a carrier) related
solely to (1) rates for the transportation of household goods under the
authority of the principal carrier, (2) accessorial, terminal, storage,
or other charges for services incidental to the transportation of
household goods transported under the authority of the principal
carrier, (3) allowances relating to transportation of household goods
under the authority of the principal carrier, and (4) ownership of a
motor carrier providing transportation of household goods subject to
jurisdiction under subchapter I of chapter 135 of this title by an
agent or membership on the board of directors of any such motor carrier
by an agent.
``CHAPTER 141--OPERATIONS OF CARRIERS
``SUBCHAPTER I--GENERAL REQUIREMENTS
``Sec. 14101. Providing transportation and service
``(a) A carrier providing transportation or service subject to
jurisdiction under chapter 135 of this title shall provide the
transportation or service on reasonable request. In addition, a motor
carrier shall provide safe and adequate service, equipment, and
facilities.
``(b) A carrier providing transportation or service subject to
jurisdiction under chapter 135 of this title except household goods as
defined under section 13102(9)(A) may enter into a contract with a
shipper to provide specified services under specified rates and
conditions. If the shipper in writing expressly waives all rights and
remedies under this part for the transportation covered by the
contract, the transportation provided under that contract shall not be
subject to this subtitle, and may not be subsequently challenged on the
ground that it violates a provision of this part. The exclusive remedy
for any alleged breach of a contract entered into under this subsection
shall be an action in an appropriate State court or United States
district court, unless the parties otherwise agree.
``Sec. 14102. Leased motor vehicles
``(a) The Secretary of Transportation may require a motor carrier
providing transportation subject to jurisdiction under subchapter I of
chapter 135 of this title that uses motor vehicles not owned by it to
transport property under an arrangement with another party to--
``(1) make the arrangement in writing signed by the parties
specifying its duration and the compensation to be paid by the
motor carrier;
``(2) carry a copy of the arrangement in each motor vehicle
to which it applies during the period the arrangement is in
effect;
``(3) inspect the motor vehicles and obtain liability and
cargo insurance on them; and
``(4) have control of and be responsible for operating
those motor vehicles in compliance with requirements prescribed
by the Secretary on safety of operations and equipment, and
with other applicable law as if the motor vehicles were owned
by the motor carrier.
``(b) The Secretary shall require, by regulation, that any
arrangement, between a motor carrier of property providing
transportation subject to jurisdiction under subchapter I of chapter
135 of this title and any other person, under which such other person
is to provide any portion of such transportation by a motor vehicle not
owned by the carrier shall specify, in writing, who is responsible for
loading and unloading the property onto and from the motor vehicle.
``Sec. 14103. Loading and unloading motor vehicles
``(a) Whenever a shipper or receiver of property requires that any
person who owns or operates a motor vehicle transporting property in
interstate commerce (whether or not such transportation is subject to
jurisdiction under subchapter I of chapter 135 of this title) be
assisted in the loading or unloading of such vehicle, the shipper or
receiver shall be responsible for providing such assistance or shall
compensate the owner or operator for all costs associated with securing
and compensating the person or persons providing such assistance.
``(b) It shall be unlawful to coerce or attempt to coerce any
person providing transportation of property by motor vehicle for
compensation in interstate commerce (whether or not such transportation
is subject to jurisdiction under subchapter I of chapter 135 of this
title) to load or unload any part of such property onto or from such
vehicle or to employ or pay one or more persons to load or unload any
part of such property onto or from such vehicle, except that this
subsection shall not be construed as making unlawful any activity which
is not unlawful under the National Labor Relations Act or the Act of
March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as
the Norris-LaGuardia Act.
``Sec. 14104. Household goods carrier operations
``(a)(1) The Secretary of Transportation may issue regulations,
including regulations protecting individual shippers, in order to carry
out this part with respect to the transportation of household goods by
motor carriers subject to jurisdiction under subchapter I of chapter
135 of this title. The regulations and paperwork required of motor
carriers providing transportation of household goods shall be minimized
to the maximum extent feasible consistent with the protection of
individual shippers.
``(2) Regulations of the Secretary protecting individual shippers
shall include, where appropriate, reasonable performance standards for
the transportation of household goods subject to jurisdiction under
subchapter I of chapter 135 of this title. In establishing performance
standards under this paragraph, the Secretary shall take into account
at least the following:
``(A) the level of performance that can be achieved by a
well-managed motor carrier transporting household goods;
``(B) the degree of harm to individual shippers which could
result from a violation of the regulation;
``(C) the need to set the level of performance at a level
sufficient to deter abuses which result in harm to consumers
and violations of regulations;
``(D) service requirements of the carriers;
``(E) the cost of compliance in relation to the consumer
benefits to be achieved from such compliance; and
``(F) the need to set the level of performance at a level
designed to encourage carriers to offer service responsive to
shipper needs.
``(3) Nothing in this section shall be construed to limit the
Secretary's authority to require reports from motor carriers providing
transportation of household goods or to require such carriers to
provide specified information to consumers concerning their past
performance.
``(b)(1) Every motor carrier providing transportation of household
goods subject to jurisdiction under subchapter I of chapter 135 of this
title may, upon request of a prospective shipper, provide the shipper
with an estimate of charges for transportation of household goods and
for the proposed services. The Secretary shall not prohibit any such
carrier from charging a prospective shipper for providing a written,
binding estimate for the transportation and proposed services.
``(2) Any charge for an estimate of charges provided by a motor
carrier to a shipper for transportation of household goods subject to
jurisdiction under subchapter I of chapter 135 of this title shall be
subject to the antitrust laws, as defined in the first section of the
Clayton Act (15 U.S.C. 12).
``(c) The Secretary shall issue regulations that provide motor
carriers providing transportation of household goods subject to
jurisdiction under subchapter I of chapter 135 of this title with the
maximum possible flexibility in weighing shipments, consistent with
assurance to the shipper of accurate weighing practices. The Secretary
shall not prohibit such carriers from backweighing shipments or from
basing their charges on the reweigh weights if the shipper observes
both the tare and gross weighings (or, prior to such weighings, waives
in writing the opportunity to observe such weighings) and such
weighings are performed on the same scale.
``SUBCHAPTER II--REPORTS AND RECORDS
``Sec. 14121. Definitions
``In this subchapter--
``(1) `carrier' and `broker' include a receiver or trustee
of a carrier and broker, respectively.
``(2) `association' means an organization maintained by or
in the interest of a group of carriers or brokers providing
transportation or service subject to jurisdiction under chapter
135 of this title that performs a service, or engages in
activities, related to transportation under this part.
``Sec. 14122. Records: form; inspection; preservation
``(a) The Secretary of Transportation or the United States
Transportation Board, as applicable, may prescribe the form of records
required to be prepared or compiled under this subchapter by carriers
and brokers, including records related to movement of traffic and
receipts and expenditures of money.
``(b) The Secretary or 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) The Secretary or Board, as applicable, may prescribe the time
period during which operating, accounting, and financial records must
be preserved by carriers.
``Sec. 14123. Reports by carriers, brokers, and associations
``(a) The Secretary--
``(1) may require for-hire motor carriers to file annual
reports with the Secretary, including a detailed balance sheet
and income statement, information related to the ownership or
lease of equipment operated by the motor carrier, and data
related to the movement of traffic and safety performance, the
form and substance of which shall be prescribed by the
Secretary and may vary for different classes of motor carriers;
``(2) may require carriers, freight forwarders, brokers,
lessors, and associations, or classes of them as the Secretary
may prescribe, to file quarterly, periodic, or special reports
with the Secretary and to respond to surveys concerning their
operations; and
``(3) shall have the authority upon good cause shown to
exempt from the financial reporting requirements prescribed by
this subsection motor carriers or commonly owned motor
carriers--
``(A) with consolidated annual revenues in excess
of $1,000,000,000; and
``(B) who are not, or whose parent or affiliates
are not, otherwise required to file annual financial
reports with the Securities and Exchange Commission
pursuant to sections 13 or 15(d) of the Securities
Exchange Act of 1934.
``(b) Any request for exemption under paragraph (3) must
demonstrate, at a minimum, that an exemption is required to avoid
competitive harm and preserve confidential business information that is
not otherwise publicly available. Exemptions shall only be granted for
one-year periods.''.
``(c) The United States Transportation Board may require carriers
to file special reports containing information needed by the Board.
``CHAPTER 143--FINANCE
``Sec. 14301. Security interests in certain motor vehicles
``(a) In this section--
``(1) `motor vehicle' means a truck of rated capacity
(gross vehicle weight) of at least 10,000 pounds, a highway
tractor of rated capacity (gross combination weight) of at
least 10,000 pounds, a property-carrying trailer or semitrailer
with at least one load-carrying axle of at least 10,000 pounds,
or a motor bus with a seating capacity of at least 10
individuals.
``(2) `lien creditor' means a creditor having a lien on a
motor vehicle and includes an assignee for benefit of creditors
from the date of assignment, a trustee in a case under title 11
from the date of filing of the petition in that case, and a
receiver in equity from the date of appointment of the
receiver.
``(3) `security interest' means an interest (including an
interest established by a conditional sales contract, mortgage,
equipment trust, or other lien or title retention contract, or
lease) in a motor vehicle when the interest secures payment or
performance of an obligation.
``(4) `perfection', as related to a security interest,
means taking action (including public filing, recording,
notation on a certificate of title, and possession of
collateral by the secured party), or the existence of facts,
required under law to make a security interest enforceable
against general creditors and subsequent lien creditors of a
debtor, but does not include compliance with requirements
related only to the establishment of a valid security interest
between the debtor and the secured party.
``(b) A security interest in a motor vehicle owned by, or in the
possession and use of, a carrier registered under section 13902 of this
title and owing payment or performance of an obligation secured by that
security interest is perfected in all jurisdictions against all
general, and subsequent lien, creditors of, and all persons taking a
motor vehicle by sale (or taking or retaining a security interest in a
motor vehicle) from, that carrier when--
``(1) a certificate of title is issued for a motor vehicle
under a law of a jurisdiction that requires or permits
indication, on a certificate or title, of a security interest
in the motor vehicle if the security interest is indicated on
the certificate;
``(2) a certificate of title has not been issued and the
law of the State where the principal place of business of that
carrier is located requires or permits public filing or
recording of, or in relation to, that security interest if
there has been such a public filing or recording; and
``(3) a certificate of title has not been issued and the
security interest cannot be perfected under paragraph (2) of
this subsection, if the security interest has been perfected
under the law (including the conflict of laws rules) of the
State where the principal place of business of that carrier is
located.
``Sec. 14302. Pooling and division of transportation or earnings
``(a) A carrier providing transportation subject to jurisdiction
under subchapter I of chapter 135 of this title may not agree or
combine with another such carrier to pool or divide traffic or services
or any part of their earnings without the approval of the United States
Transportation Board under this section.
``(b) The Board may approve and authorize an agreement or
combination between or among motor carriers 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)(1) 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. 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 two factors exists, it shall, prior to such
effective date and without a hearing, approve and authorize the
agreement or combination, under such rules and regulations as the 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. 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.
``(2) 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 October 15, 1980.
``(3) The Board shall streamline, simplify, and expedite, to the
maximum extent practicable, the process (including, but not limited to,
any paperwork) for submission and approval of applications under this
section for agreements and combinations between motor carriers
providing transportation of household goods and their agents.
``(d) The Board may impose conditions governing the pooling or
division and may approve and authorize payment of a reasonable
consideration between the carriers.
``(e) The Board may begin a proceeding under this section on its
own initiative or on application.
``(f) A carrier may participate in an arrangement approved by or
exempted by the 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.
``CHAPTER 145--FEDERAL-STATE RELATIONS
``Sec. 14501. Federal authority over intrastate transportation
``(a) Motor Carriers of Passengers.--No State or political
subdivision thereof and no interstate agency or other political agency
of two or more States shall enact or enforce any law, rule, regulation,
standard, or other provisions having the force and effect of law
relating to scheduling of interstate or intrastate transportation
(including discontinuance or reduction in the level of service)
provided by motor carrier of passengers subject to jurisdiction under
subchapter I of chapter 135 of this title on an interstate route or
relating to the implementation of any change in the rates for such
transportation except to the extent that notice, not in excess of 30
days, of changes in schedules may be required. This subsection shall
not apply to intrastate commuter bus operations.
``(b) Freight Forwarders and Transportation Brokers.--
``(1) General rule.--Subject to paragraph (2) of this
subsection, no State or political subdivision thereof and no
intrastate agency or other political agency of two or more
States shall enact or enforce any law, rule, regulation,
standard, or other provision having the force and effect of law
relating to intrastate rates, intrastate routes, or intrastate
services of any freight forwarder or transportation broker.
``(2) Continuation of hawaii's authority.--Nothing in this
subsection and the amendments
made by the Surface Freight Forwarder Deregulation Act of 1986
shall be construed to affect the authority of the State of Hawaii to
continue to regulate a motor carrier operating within the State of
Hawaii.
``(c) Motor Carriers of Property.--
``(1) General rule.--Except as provided in paragraphs (2)
and (3), a State, political subdivision of a State, or
political authority of 2 or more States may not enact or
enforce a law, regulation, or other provision having the force
and effect of law related to a price, route, or service of any
motor carrier (other than a carrier affiliated with a direct
air carrier covered by section 41713(b)(4) of this title) or
any motor private carrier or any transportation intermediary
(as defined in sections 13102(1) and 13102(4) of this title)
with respect to the transportation of property.
``(2) Matters not covered.--Paragraph (1)--
``(A) shall not restrict the safety regulatory
authority of a State with respect to motor vehicles,
the authority of a State to impose highway route
controls or limitations based on the size or weight of
the motor vehicle or the hazardous nature of the cargo,
or the authority of a State to regulate motor carriers
with regard to minimum amounts of financial
responsibility relating to insurance requirements and
self-insurance authorization; and
``(B) does not apply to the transportation of
household goods.
``(3) State standard transportation practices.--
``(A) Continuation.--Paragraph (1) shall not affect
any authority of a State, political subdivision of a
State, or political authority of 2 or more States to
enact or enforce a law, regulation, or other provision,
with respect to the intrastate transportation of
property by motor carriers, related to--
``(i) uniform cargo liability rules,
``(ii) uniform bills of lading or receipts
for property being transported, or
``(iii) uniform cargo credit rules,
if such law, regulation, or provision meets the
requirements of subparagraph (B).
``(B) Requirements.--A law, regulation, or
provision of a State, political subdivision, or
political authority meets the requirements of this
subparagraph if--
``(i) the law, regulation, or provision
covers the same subject matter as, and
compliance with such law, regulation, or
provision is no more burdensome than compliance
with, a provision of this part or a regulation
issued by the Secretary of Transportation or
the United States Transportation Board under
this part; and
``(ii) the law, regulation, or provision
only applies to a carrier upon request of such
carrier.
``(C) Election.--Notwithstanding any other
provision of law, a carrier affiliated with a direct
air carrier through common controlling ownership may
elect to be subject to a law, regulation, or provision
of a State, political subdivision, or political
authority under this paragraph.
``(4) This subsection shall not apply with respect to the
State of Hawaii until August 22, 1997.
``Sec. 14502. Tax discrimination against motor carrier transportation
property
``(a) In this section--
``(1) `assessment' means valuation for a property tax
levied by a taxing district;
``(2) `assessment jurisdiction' means a geographical area
in a State used in determining the assessed value of property
for ad valorem taxation;
``(3) `motor carrier transportation property' means
property, as defined by the Secretary of Transportation, owned
or used by a motor carrier providing transportation in
interstate commerce whether or not such transportation is
subject to jurisdiction under subchapter I of chapter 135 of
this title; and
``(4) `commercial and industrial property' means property,
other than transportation property and land used primarily for
agricultural purposes or timber growing, devoted to a
commercial or industrial use and subject to a property tax
levy.
``(b) The following acts unreasonably burden and discriminate
against interstate commerce and a State, subdivision of a State, or
authority acting for a State or subdivision of a State may not do any
of them:
``(1) Assess motor carrier transportation property at a
value that has a higher ratio to the true market value of the
motor carrier transportation property than the ratio that the
assessed value of other commercial and industrial property in
the same assessment jurisdiction has to the true market value
of the other commercial and industrial property.
``(2) Levy or collect a tax on an assessment that may not
be made under paragraph (1) of this subsection.
``(3) Levy or collect an ad valorem property tax on motor
carrier transportation property at a tax rate that exceeds the
tax rate applicable to commercial and industrial property in
the same assessment jurisdiction.
``(c) Notwithstanding section 1341 of title 28 and without regard
to the amount in controversy or citizenship of the parties, a district
court of the United States has jurisdiction, concurrent with other
jurisdiction of courts of the United States and the States, to prevent
a violation of subsection (b) of this section. Relief may be granted
under this subsection only if the ratio of assessed value to true
market value of motor carrier transportation property exceeds by at
least 5 percent, the ratio of assessed value to true market value of
other commercial and industrial property in the same assessment
jurisdiction. The burden of proof in determining assessed value and
true market value is governed by State law. If the ratio of the
assessed value of other commercial and industrial property in the
assessment jurisdiction to the true market value of all other
commercial and industrial property cannot be determined to the
satisfaction of the district court through the random-sampling method
known as a sales assessment ratio study (to be carried out under
statistical principles applicable to such a study), the court shall
find, as a violation of this section--
``(1) an assessment of the motor carrier transportation
property at a value that has a higher ratio to the true market
value of the motor carrier transportation property than the
assessment value of all other property subject to a property
tax levy in the assessment jurisdiction has to the true market
value of all such other property; and
``(2) the collection of ad valorem property tax on the
motor carrier transportation property at a tax rate that
exceeds the tax ratio rate applicable to taxable property in
the taxing district.
``Sec. 14503. Withholding State and local income tax by certain
carriers
``(a)(1) No part of the compensation paid by a motor carrier
providing transportation subject to jurisdiction under subchapter I of
chapter 135 of this title or by a motor private carrier to an employee
who performs regularly assigned duties in 2 or more States as such an
employee with respect to a motor vehicle shall be subject to
the income tax laws of any State or subdivision of that State, other
than the State or subdivision thereof of the employee's residence.
``(2) In this subsection `employee' has the meaning given such term
in section 31132 of this title.
``(b)(1) In this subsection, an employee is deemed to have earned
more than 50 percent of pay in a State or subdivision of that State in
which the time worked by the employee in the State or subdivision is
more than 50 percent of the total time worked by the employee while
employed during the calendar year.
``(2) A water carrier providing transportation subject to the
jurisdiction of the Secretary of Transportation under subchapter II of
chapter 135 of this title shall file income tax information returns and
other reports only with--
``(A) the State and subdivision of residence of the
employee (as shown on the employment records of the carrier);
and
``(B) the State and subdivision in which the employee
earned more than 50 percent of the pay received by the employee
from the carrier during the preceding calendar year.
``(3) This subsection applies to pay of a master, officer, or
sailor who is a member of the crew on a vessel engaged in foreign,
coastwise, intercoastal or noncontiguous trade or in the fisheries of
the United States.
``(c) A motor and motor private carrier withholding pay from an
employee under subsection (a) of this section shall file income tax
information returns and other reports only with the State and
subdivision of residence of the employee.
``CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
``Sec. 14701. General authority
``(a) The Secretary of Transportation or the United States
Transportation 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 of this title,
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) 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) 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) The Secretary of Transportation or the United States
Transportation Board, as applicable, may bring a civil action--
``(1) to enforce section 14103 of this title; or
``(2) to enforce this part, or a regulation or order of the
Secretary or Board, as applicable, when violated by a carrier
or broker providing transportation or service subject to
jurisdiction under subchapter I or III of chapter 135 of this
title or by a foreign motor carrier or foreign motor private
carrier providing transportation registered under section 13902
of this title.
``(b) In a civil action under subsection (a)(2) of this section--
``(1) trial is in the judicial district in which the
carrier, foreign motor carrier, foreign motor private carrier,
or broker operates;
``(2) process may be served without regard to the
territorial limits of the district or of the State in which the
action is instituted; and
``(3) a person participating with a carrier or broker in a
violation may be joined in the civil action without regard to
the residence of the person.
``Sec. 14703. Enforcement by the Attorney General
``The Attorney General may, and on request of either the Secretary
of Transportation or United States Transportation 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) A person injured because a carrier or broker providing
transportation or service subject to jurisdiction under chapter 135 of
this title does not obey an order of the Secretary of Transportation or
the United States Transportation Board, as applicable, under this part,
except an order for the payment of money, may bring a civil action to
enforce that order under this subsection.
``(b)(1) A carrier providing transportation or service subject to
jurisdiction under chapter 135 of this title is liable to a person for
amounts charged that exceed the applicable rate for transportation or
service contained in a tariff filed under section 13702 of this title.
``(2) A carrier or broker providing transportation or service
subject to jurisdiction under chapter 135 of this title is liable for
damages sustained by a person as a result of an act or omission of that
carrier or broker in violation of this part.
``(c)(1) A person may file a complaint with the Board or the
Secretary, as applicable, under section 14701(b) of this title or bring
a civil action under subsection (b)(1) or (2) of this section to
enforce liability against a carrier or broker providing transportation
or service subject to jurisdiction under chapter 135 of this title.
``(2) When the 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 of this title to pay damages only when
the proceeding is on complaint. 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)(1) 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) All parties in whose favor the award was made may be joined
as plaintiffs in a civil action brought in a district court of the
United States under this subsection and all the carriers that are
parties to the order awarding damages may be joined as defendants.
Trial in the action is in the judicial district in which any one of the
plaintiffs could bring the action against any one of the defendants.
Process may be served on a defendant at its principal operating office
when that defendant is not in the district in which the action is
brought. A judgment ordering recovery may be made in favor of any of
those plaintiffs against the defendant found to be liable to that
plaintiff.
``(3) The district court shall award a reasonable attorney's fee as
a part of the damages for which a carrier or broker is found liable
under this subsection. The district court shall tax and collect that
fee as a part of the costs of the action.
``Sec. 14705. Limitation on actions by and against carriers
``(a) A carrier providing transportation or service subject to
jurisdiction under chapter 135 of this title must begin a civil action
to recover charges for transportation or service provided by the
carrier within 18 months after the claim accrues.
``(b) A person must begin a civil action to recover overcharges
within 18 months after the claim accrues. If the claim is against a
carrier providing transportation subject to jurisdiction under chapter
135 of this title and an election to file a complaint with the United
States Transportation Board or Secretary of Transportation, as
applicable, is made under section 14704(c)(1), the complaint must be
filed within 3 years after the claim accrues.
``(c) A person must file a complaint with the Board or Secretary,
as applicable, to recover damages under section 14704(b)(2) of this
title within 2 years after the claim accrues.
``(d) The limitation periods under subsection (b) of this section
are extended for 6 months from the time written notice is given to the
claimant by the carrier of disallowance of any part of the claim
specified in the notice if a written claim is given to the carrier
within those limitation periods. The limitation periods under
subsection (b) of this section and the 2-year period under subsection
(c) of this section are extended for 90 days from the time the carrier
begins a civil action under subsection (a) of this section to recover
charges related to the same transportation or service, or collects
(without beginning a civil action under that subsection) the charge for
that transportation or service if that action is begun or collection is
made within the appropriate period.
``(e) A person must begin a civil action to enforce an order of the
Board or Secretary against a carrier for the payment of money within
one year after the date the order required the money to be paid.
``(f) This section applies to transportation for the United States
Government. The time limitations under this section are extended, as
related to transportation for or on behalf of the United States
Government, for 3 years from the date of (1) payment of the rate for
the transportation or service involved, (2) subsequent refund for
overpayment of that rate, or (3) deduction made under section 3726 of
title 31, whichever is later.
``(g) A claim related to a shipment of property accrues under this
section on delivery or tender of delivery by the carrier.
``Sec. 14706. Liability of carriers under receipts and bills of lading
``(a)(1) A carrier providing transportation or service subject to
jurisdiction under subchapter I or III of chapter 135 of this title
shall issue a receipt or bill of lading for property it receives for
transportation under this part. That carrier and any other carrier that
delivers the property and is providing transportation or service
subject to jurisdiction under subchapter I or III of chapter 135 or
chapter 105 of this title are liable to the person entitled to recover
under the receipt or bill of lading. The liability imposed under this
paragraph is for the actual loss or injury to the property caused by
(1) the receiving carrier, (2) the delivering carrier, or (3) another
carrier over whose line or route the property is transported in the
United States or from a place in the United States to a place in an
adjacent foreign country when transported under a through bill of
lading and, except in the case of a freight forwarder, applies to
property reconsigned or diverted under a tariff filed under section
13702 of this title. Failure to issue a receipt or bill of lading does
not affect the liability of a carrier. A delivering carrier is deemed
to be the carrier performing the line-haul transportation nearest the
destination but does not include a carrier providing only a switching
service at the destination.
``(2) A freight forwarder is both the receiving and delivering
carrier. When a freight forwarder provides service and uses a motor
carrier providing transportation subject to jurisdiction under
subchapter I of chapter 135 of this title to receive property from a
consignor, the motor carrier may execute the bill of lading or shipping
receipt for the freight forwarder with its consent. With the consent of
the freight forwarder, a motor carrier may deliver property for a
freight forwarder on the freight forwarder's bill of lading, freight
bill, or shipping receipt to the consignee named in it, and receipt for
the property may be made on the freight forwarder's delivery receipt.
``(b) The carrier issuing the receipt or bill of lading under
subsection (a) of this section or delivering the property for which the
receipt or bill of lading was issued is entitled to recover from the
carrier over whose line or route the loss or injury occurred the amount
required to be paid to the owners of the property, as evidenced by a
receipt, judgment, or transcript, and the amount of its expenses
reasonably incurred in defending a civil action brought by that person.
``(c)(1) A carrier may limit or be exempt from liability imposed
under subsection (a) of this section by a mutual written agreement,
that is referred to in the receipt, bill of lading, or contract for the
transportation involved entered into with the shipper, to limit
liability to a specified amount.
``(2) If loss or injury to property occurs while it is in the
custody of a water carrier, the liability of that carrier is determined
by its bill of lading and the law applicable to water transportation.
The liability of the initial or delivering carrier is the same as the
liability of the water carrier.
``(d)(1) A civil action under this section may be brought against a
delivering carrier (other than a rail carrier) in a district court of
the United States or in a State court. Trial, if the action is brought
in a district court of the United States is in a judicial district, and
if in a State court, is in a State, through which the defendant carrier
operates a railroad or route.
``(2)(A) A civil action under this section may only be brought--
``(i) Against the originating rail carrier, in the judicial
district in which the point of origin is located;
``(ii) against the delivering rail carrier, in the judicial
district in which the principal place of business of the person
bringing the action is located if the delivering carrier
operates a railroad or a route through such judicial district,
or in the judicial district in which the point of destination
is located; and
``(iii) against the carrier alleged to have caused the loss
or damage, in the judicial district in which such loss or
damage is alleged to have occurred.
``(B) A civil action under this section may be brought in a United
States district court or in a State court.
``(C) In this section, `judicial district' means (i) in the case of
a United States district court, a judicial district of the United
States, and (ii) in the case of a State court, the applicable
geographic area over which such court exercises jurisdiction.
``(e) A carrier may not provide by rule, contract, or otherwise, a
period of less than 9 months for filing a claim against it under this
section and a period of less than 2 years for bringing a civil action
against it under this section. The period for bringing a civil action
is computed from the date the carrier gives a person written notice
that the carrier has disallowed any part of the claim specified in the
notice. For the purposes of this subsection--
``(1) an offer of compromise shall not constitute a
disallowance of any part of the claim unless the carrier, in
writing, informs the claimant that such part of the claim is
disallowed and provides reasons for such disallowance; and
``(2) communications received from a carrier's insurer
shall not constitute a disallowance of any part of the claim
unless the insurer, in writing, informs the claimant that such
part of the claim is disallowed, provides reason for such
disallowance, and informs the claimant that the insurer is
acting on behalf of the carrier.
``(f) Within one year after enactment of the Transportation
Regulatory Streamlining Act of 1995, the Secretary shall deliver to the
Congressional authorizing committees a report on the subject of
retaining or modifying the Carmack Amendment, together with any
proposed legislation to implement the study's recommendations, if any.
``(g) A carrier or group of carriers subject to jurisdiction under
subchapter I or III of chapter 135 of this title may petition the Board
to modify, elminate or establish rates for the transportation of
household goods as defined in Section 13102(g)(A) 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.
``Sec. 14707. Private enforcement of registration requirement
``(a) If a person provides transportation by motor vehicle or
service in clear violation of section 13901-13904 or 13906 of this
title, a person injured by the transportation or service may bring a
civil action to enforce any such section. In a civil action under this
subsection, trial is in the judicial district in which the person who
violated that section operates.
``(b) A copy of the complaint in a civil action under subsection
(a) of this section shall be served on the Secretary of Transportation
and a certificate of service must appear in the complaint filed with
the court. The Secretary may intervene in a civil action under
subsection (a) of this section. The Secretary may notify the district
court in which the action is pending that the Secretary intends to
consider the matter that is the subject of the complaint in a
proceeding before the Secretary. When that notice is filed, the court
shall stay further action pending disposition of the proceeding before
the Secretary.
``(c) In a civil action under subsection (a) of this section, the
court may determine the amount of and award a reasonable attorney's fee
to the prevailing party. That fee is in addition to costs allowable
under the Federal Rules of Civil Procedure.
``Sec. 14708. Dispute settlement program for household goods carriers
``(a)(1) As a condition of registration under section 13902 or
13903 of this title, a carrier providing transportation of household
goods subject to jurisdiction under subchapter I or III of chapter 135
of this title must agree to offer to shippers neutral arbitration as a
means of settling disputes between such carriers and shippers of
household goods concerning the transportation of household goods.
``(b)(1) The arbitration that is offered must be designed to
prevent a carrier from having any special advantage in any case in
which the claimant resides or does business at a place distant from the
carrier's principal or other place of business.
``(2) The carrier must provide the shipper an adequate notice of
the availability of neutral arbitration, including a concise easy-to-
read, accurate summary of the arbitration procedure and disclosure of
the legal effects of election to utilize arbitration. Such notice must
be given to persons for whom household goods are to be transported by
the carrier before such goods are tendered to the carrier for
transportation.
``(3) Upon request of a shipper, the carrier must promptly provide
such forms and other information as are necessary for initiating an
action to resolve a dispute under arbitration.
``(4) Each person authorized to arbitrate or otherwise settle
disputes, must be independent of the parties to the dispute and must be
capable, as determined under such regulations as the Secretary of
Transportation may issue, to resolve such disputes fairly and
expeditiously. The carrier must ensure that each person chosen to
settle the disputes is authorized and able to obtain from the shipper
or carrier any material and relevant information to the extent
necessary to carry out a fair and expeditious decision making process.
``(5) No fee for instituting an arbitration proceeding may be
charged the shipper; except that, if the arbitration is binding solely
on the carrier, the shipper may be charged a fee of not more than $25
for instituting an arbitration proceeding. In any case in which a
shipper is charged a fee under this paragraph for instituting an
arbitration proceeding and such dispute is settled in favor of the
shipper, the person settling the dispute must refund such fee to the
shipper unless the person settling the dispute determines that such
refund is inappropriate.
``(6) The carrier must not require the shipper to agree to utilize
arbitration prior to the time that a dispute arises.
``(7) The arbitrator may provide for an oral presentation of a
dispute concerning transportation of household goods by a party to the
dispute (or a party's representative), but such oral presentation may
be made only if all parties to the dispute expressly agree to such
presentation and the date, time, and location of such presentation.
``(8) The arbitrator must, as expeditiously as possible but at
least within 60 days of receipt of written notification of the dispute,
render a decision based on the information gathered, except that, in
any case in which a party to the dispute fails to provide in a timely
manner any information concerning such dispute which the person
settling the dispute may reasonably require to resolve the dispute, the
arbitrator may extend such 60-day period for a reasonable period of
time. A decision resolving a dispute may include any remedies
appropriate under the circumstances, including repair, replacement,
refund, reimbursement for expenses, and compensation for damages.
``(c) Materials and information obtained in the course of a
decision making process to settle a dispute by arbitration under this
section may not be used to bring an action under section 14905 of this
title.
``(d) In any court action to resolve a dispute between a shipper of
household goods and a motor carrier providing transportation or service
subject to jurisdiction under subchapter I or III of chapter 135 of
this title concerning the transportation of household goods by such
carrier, the shipper shall be awarded reasonable attorney's fees if--
``(1) the shipper submits a claim to the carrier within 120
days after the date the shipment is delivered or the date the
delivery is scheduled, whichever is later;
``(2) the shipper prevails in such court action; and
``(3)(A) no arbitration was available for use by the
shipper to resolve the dispute; or
``(B) 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
``(C) the court proceeding is to enforce a decision
rendered through arbitration under this section and is
instituted after the period for performance under such decision
has elapsed.
``(e) In any court action to resolve a dispute between a shipper of
household goods and a carrier providing transportation or service
subject to jurisdiction under subchapter I or III of chapter 135 of
this title concerning the transportation of household goods by such
carrier, such carrier may be awarded reasonable attorney's fees by the
court only if the shipper brought such action in bad faith--
``(1) after resolution of such dispute through arbitration
under this section; or
``(2) after institution of an arbitration proceeding by the
shipper to resolve such dispute under this section but before
(A) the period provided under subsection (b)(8) for resolution
of such dispute (including, if applicable, an extension of such
period under such subsection) ends, and (B) a decision
resolving such dispute is rendered.
``(f) The provisions of this section shall apply only in the case
of collect-on-delivery transportation of those types of household goods
described in section 13102(8)(A) of this title.
``Sec. 14709. Tariff reconciliation rules for motor carriers of
property
``Subject to review and approval by the United States
Transportation Board, motor carriers subject to jurisdiction under
subchapter I of chapter 135 of this title (other than motor carriers
providing transportation of household goods) and shippers may resolve,
by mutual consent, overcharge and under-charge claims resulting from
incorrect tariff provisions or billing errors arising from the
inadvertent failure to properly and timely file and maintain agreed
upon rates, rules, or classifications in compliance with sections 10761
and 10762 of this title prior to the effective date of the
Transportation Regulatory Streamlining Act of 1995. Resolution of such
claims among the parties shall not subject any party to the penalties
for departing from a filed tariff.
``CHAPTER 149--CIVIL AND CRIMINAL PENALTIES
``Sec. 14901. General civil penalties
``(a) A person required to make a report to the Secretary of
Transportation or to the United States Transportation Board, answer a
question, or make, prepare, or preserve a record under this part
concerning transportation subject to jurisdiction under subchapter I or
III of chapter 135 of this title or transportation by a foreign carrier
registered under section 13902 of this title, or an officer, agent, or
employee of that person that (1) does not make the report, (2) does not
specifically, completely, and truthfully answer the question, (3) does
not make, prepare, or preserve the record in the form and manner
prescribed, (4) does not comply with section 13901 of this title, or
(5) does not comply with section 13902(d) of this title is liable to
the United States Government for a civil penalty of not less than $500
for each violation and for each additional day the violation continues;
except that, in the case of a person who does not have authority under
this part to provide transportation of passengers, or an officer,
agent, or employee of such person, that does not comply with section
13901 of this title with respect to providing transportation of
passengers, the amount of the civil penalty shall not be less than
$2,000 for each violation and for each additional day the violation
continues.
``(b) A person subject to jurisdiction under subchapter I of
chapter 135 of this title, or an officer, agent, or employee of that
person, and who is required to comply with section 13901 of this title
but does not so comply with respect to the transportation of hazardous
wastes as defined by the Environmental Protection Agency pursuant to
section 3001 of the Solid Waste Disposal Act (but not including any
waste the regulation of which under the Solid Waste Disposal Act has
been suspended by Congress) shall be liable to the United States for a
civil penalty not to exceed $20,000 for each violation.
``(c) In determining and negotiating the amount of a civil penalty
under subsection (a) or (d) concerning transportation of household
goods, the degree of culpability, any history of prior such conduct,
the degree of harm to shipper or shippers, ability to pay, the effect
on ability to do business, whether the shipper has been adequately
compensated before institution of the proceeding, and such other
matters as fairness may require shall be taken into account.
``(d) If a carrier providing transportation of household goods
subject to jurisdiction under subchapter I or III of chapter 135 of
this title or a receiver or trustee of such carrier fails or refuses to
comply with any regulation issued by the Secretary or the Board
relating to protection of individual shippers, such carrier, receiver,
or trustee is liable to the United States for a civil penalty of not
less than $1,000 for each violation and for each additional day during
which the violation continues.
``(e) Any person that knowingly engages in or knowingly authorizes
an agent or other person (1) to falsify documents used in the
transportation of household goods subject to jurisdiction under
subchapter I or III of chapter 135 of this title which evidence the
weight of a shipment,
or (2) to charge for accessorial services which are not performed or
for which the carrier is not entitled to be compensated in any case in
which such services are not reasonably necessary in the safe and
adequate movement of the shipment, is liable to the United States for a
civil penalty of not less than $2,000 for each violation and of not
less than $5,000 for each subsequent violation. Any State may bring a
civil action in the United States district courts to compel a person to
pay a civil penalty assessed under this subsection.
``(f) Trial in a civil action under subsections (a) through (e) of
this section is in the judicial district in which (1) the motor carrier
or broker has its principal office, (2) the motor carrier or broker was
authorized to provide transportation or service under this part when
the violation occurred, (3) the violation occurred, or (4) the offender
is found. Process in the action may be served in the judicial district
of which the offender is an inhabitant or in which the offender may be
found.
``Sec. 14902. Civil penalty for accepting rebates from carrier
``A person--
``(1) delivering property to a carrier providing
transportation or service subject to jurisdiction under chapter
135 of this title for transportation under this part or for
whom that carrier will transport the property as consignor or
consignee for that person from a State or territory or
possession of the United States to another State or possession,
territory, or to a foreign country; and
``(2) knowingly accepting or receiving by any means a
rebate or offset against the rate for transportation for, or
service of, that property contained in a tariff filed with the
United States Transportation Board under section 13702 of this
title,
is liable to the United States Government for a civil penalty in an
amount equal to 3 times the amount of money that person accepted or
received as a rebate or offset and 3 times the value of other
consideration accepted or received as a rebate or offset. In a civil
action under this section, all money or other consideration received by
the person during a period of 6 years before an action is brought under
this section may be included in determining the amount of the penalty,
and if that total amount is included, the penalty shall be 3 times that
total amount.
``Sec. 14903. Tariff violations
``(a) A person that knowingly offers, grants, gives, solicits,
accepts, or receives by any means transportation or service provided
for property by a carrier subject to jurisdiction under chapter 135 of
this title at less than the rate in effect under section 13702 of this
title shall be fined at least $1,000 but not more than $20,000,
imprisoned for not more than 2 years, or both.
``(b) A carrier providing transportation or service subject to
jurisdiction under chapter 135 of this title or an officer, director,
receiver, trustee, lessee, agent, or employee of a corporation that is
subject to jurisdiction under that chapter, that willfully does not
observe its tariffs filed as required under section 13702 of this title
until changed under law, shall be fined at least $1,000 but not more
than $20,000, imprisoned for not more than 2 years, or both.
``(c) When acting in the scope of their employment, the actions and
omissions of persons acting for or employed by a carrier or shipper
that is subject to subsection (a) or (b) of this section are considered
to be the actions and omissions of that carrier or shipper as well as
that person.
``(d) Trial in a criminal action under this section is in the
judicial district in which any part of the violation is committed or
through which the transportation is conducted.
``Sec. 14904. Additional rate violations
``(a) A person, or an officer, employee, or agent of that person,
that--
``(1) knowingly offers, grants, gives, solicits, accepts,
or receives a rebate for concession, in violation of a
provision of this part related to motor carrier transportation
subject to jurisdiction under subchapter I of chapter 135 of
this title; or
``(2) by any means knowingly and willfully assists or
permits another person to get transportation that is subject to
jurisdiction under that subchapter at less than the rate in
effect for that transportation under section 13702 of this
title,
shall be fined at least $200 for the first violation and at least $250
for a subsequent violation.
``(b)(1) A freight forwarder providing service subject to
jurisdiction under subchapter III of chapter 135 of this title, or an
officer, agent, or employee of that freight forwarder, that knowingly
and willfully assists a person in getting, or willingly permits a
person to get, service provided under that subchapter at less than the
rate in effect for that service under section 13702 of this title,
shall be fined not more than $500 for the first violation and not more
than $2,000 for a subsequent violation.
``(2) A person that knowingly and willfully by any means gets, or
attempts to get, service provided under subchapter III of chapter 135
of this title at less than the rate in effect for that service under
section 13702 of this title, shall be fined not more than $500 for the
first violation and not more than $2,000 for a subsequent violation.
``Sec. 14905. Penalties for violations of rules relating to loading and
unloading motor vehicles
``(a) Any person who knowingly authorizes, consents to, or permits
a violation of subsection (a) or (b) of section 14103 of this title or
who knowingly violates subsection (a) of such section is liable to the
United States Government for a civil penalty of not more than $10,000
for each violation.
``(b) Any person who knowingly violates section 14103(b) of this
title shall be fined not more than $10,000, imprisoned for not more
than 2 years, or both.
``Sec. 14906. Evasion of regulation of carriers and brokers
``A person, or an officer, employee, or agent of that person that
by any means knowingly and willfully tries to evade regulation provided
under this part for carriers or brokers shall be fined at least $200
for the first violation and at least $250 for a subsequent violation.
``Sec. 14907. Record keeping and reporting violations
``A person required to make a report to the Secretary of
Transportation or to the United States Transportation Board, as
applicable, answer a question, or make, prepare, or preserve a record
under this part about transportation subject to jurisdiction under
subchapter I or III of chapter 135 of this title, or an officer, agent,
or employee of that person, that (1) willfully does not make that
report, (2) willfully does not specifically, completely, and truthfully
answer that question in 30 days from the date the Secretary or Board,
as applicable, requires the question to be answered, (3) willfully does
not make, prepare, or preserve that record in the form and manner
prescribed, (4) knowingly and willfully falsifies, destroys, mutilates,
or changes that report or record, (5) knowingly and willfully files a
false report or record, (6) knowingly and willfully makes a false or
incomplete entry in that record about a business related fact or
transaction, or (7) knowingly and willfully makes, prepares, or
preserves a record in violation of an applicable regulation or order of
the Secretary or Board shall be fined not more than $5,000.
``Sec. 14908. Unlawful disclosure of information
``(a)(1) A carrier or broker providing transportation subject to
jurisdiction under subchapter I, II, or III of chapter 135 of this
title or an officer, receiver, trustee, lessee, or employee of that
carrier or broker, or another person authorized by that carrier or
broker to receive information from that carrier or broker may not
knowingly disclose to another person, except the shipper or consignee,
and another person may not solicit, or knowingly receive, information
about the nature, kind, quantity, destination, consignee, or routing of
property tendered or delivered to that carrier or broker for
transportation provided under this part without the consent of the
shipper or consignee if that information may be used to the detriment
of the shipper or consignee or may disclose improperly to a competitor
the business transactions of the shipper or consignee.
``(2) A person violating paragraph (1) of this subsection shall be
fined not less than $2,000. Trial in a criminal action under this
paragraph is in the judicial district in which any part of the
violation is committed.
``(b) This part does not prevent a carrier or broker providing
transportation subject to jurisdiction under chapter 135 of this title
from giving information--
``(1) in response to legal process issued under authority
of a court of the United States or a State;
``(2) to an officer, employee, or agent of the United
States Government, a State, or a territory or possession of the
United States; or
``(3) to another carrier or its agent to adjust mutual
traffic accounts in the ordinary course of business.
``Sec. 14909. Disobedience to subpenas
``A person not obeying a subpena or requirement of the Secretary of
Transportation or the United States Transportation Board to appear and
testify or produce records shall be fined not less than $5,000,
imprisoned for not more than one year, or both.
``Sec. 14910. General criminal penalty when specific penalty not
provided
``When another criminal penalty is not provided under this chapter,
a person that knowingly and willfully violates a provision of this part
or a regulation or order prescribed under this part, or a condition of
a registration under this part related to transportation that is
subject to jurisdiction under subchapter I or III of chapter 135 of
this title or a condition of a registration under section 13902 of this
title, shall be fined at least $500 for the first violation and at
least $500 for a subsequent violation. A separate violation occurs each
day the violation continues.
``Sec. 14911. Punishment of corporation for violations committed by
certain individuals
``An act or omission that would be a violation of this part if
committed by a director, officer, receiver, trustee, lessee, agent, or
employee of a carrier providing transportation or service subject to
jurisdiction under chapter 135 of this title that is a corporation is
also a violation of this part by that corporation. The penalties of
this chapter apply to that violation. When acting in the scope of their
employment, the actions and omissions of individuals acting for or
employed by that carrier are considered to be the actions and omissions
of that carrier as well as that individual.
``Sec. 14912. Weight-bumping in household goods transportation
``(a) For the purposes of this section, `weight-bumping' means the
knowing and willful making or securing of a fraudulent weight on a
shipment of household goods which is subject to jurisdiction under
subchapter I or III of chapter 135 of this title.
``(b) Any individual who has been found to have committed weight-
bumping shall, for each offense, be fined at least $1,000 but not more
than $10,000, imprisoned for not more than 2 years, or both.
``Sec. 14913. Conclusiveness of rates in certain prosecutions
``When a carrier files with the United States Transportation Board
a particular rate under section 13702 or participates in such a rate,
the filed rate is conclusive proof against that carrier, its officers,
and agents that it is the legal rate for that transportation or service
in a proceeding begun under section 14902 or 14903 of this title. A
departure, or offer to depart, from that rate is a violation of those
sections.''.
Subtitle B--Motor Carrier Registration and Insurance Requirements
Sec. 451. Section 31102(b)(1) is amended by--
(1) striking ``and'' at the end of subparagraph (O);
(2) striking the period at the end of subparagraph (P) and
inserting a semicolon and ``and''; and
(3) adding at the end thereof the following:
``(Q) ensures that the State will cooperate in the
enforcement of registration and financial responsibility
requirements under sections 31140 and 31146 of this title, or
regulations issued thereunder.''
Sec. 452. (a) Section 31138(c) is amended by adding at the end
thereof the following new paragraph:
``(3) A motor carrier may obtain the required amount of
financial responsibility from more than one source provided the
cumulative amount is equal to the minimum requirements of this
section.''.
(b) Section 31139(e) is amended by adding at the end thereof the
following:
``(3) A motor carrier may obtain the required amount of
financial responsibility from more than one source provided the
cumulative amount is equal to the minimum requirements of this
section.''.
Sec. 453. The Secretary of Transportation shall continue to enforce
the rules and regulations of the Interstate Commerce Commission, as in
effect on July 1, 1995, governing the qualifications for approval of a
motor carrier as a self-insurer, until such time as the Secretary finds
it in the public interest to revise such rules. The revised rules must
provide for--
(1) continued ability of motor carriers to qualify as self-
insurers; and
(2) the continued qualification of all carriers then so
qualified under the terms and conditions set by the Interstate
Commerce Commission or Secretary at the time of qualification.
Sec. 454. (a) Subchapter III of chapter 311 is amended by--
(1) redesignating section 31140 as 31140a; and
(2) inserting after section 31139 the following:
``Sec. 31140. Motor Carrier Financial Responsibility Information System
``(a) General Requirement.--The Secretary of Transportation shall
establish and maintain a Motor Carrier Register that will serve as a
clearinghouse and depository of information on compliance with the
required levels of financial responsibility, service of process agents,
and identification and disqualification of motor carriers required to
register with the Secretary pursuant to section 11149 of this title.
The Secretary shall consult with the States, motor carriers, and
insurers in carrying out this section.
``(b) Access to Register Information.--
``(1) The information on the Register shall be made
available by electronic and other means to any person or State
upon the receipt of a request for such information.
``(2) The Secretary is authorized to establish a user fee
system for making inquiries to obtain financial responsibility
information from the information system, pursuant to section
9701, title 31, United States Code. However, fees shall not
exceed the direct costs of responding to the inquiry. Fees
collected under this subsection in a fiscal year shall not
exceed the costs of operating the information system in that
fiscal year. Such fees may be credited to the Department of
Transportation appropriation account charged in proportion to
the amount expended from the account for these purposes, and
shall be available for expenditure until expended. The
Secretary shall waive the fees applicable to States for access
to the motor carrier register. Twenty percent of the fees
collected by the Secretary for the registration of motor
carriers and users of the information system shall be provided
to the States to continue motor carrier safety operations.''.
(b) The index for subchapter III of chapter 311 is amended by
striking the item relating to section 31140 and inserting the
following:
``31140. Motor carrier financial responsibility information system
``31140a. Submission of State laws and regulations for review''.
Sec. 455. (a) Subchapter III of chapter 311 is amended by adding at
the end the following:
``Sec. 31148. Registration
``(a) Persons Required To File.--
``(1) The Secretary of Transportation shall require any
motor carrier, as defined in section 10102 of this title, of
passengers or property, operating in interstate commerce, to
register its motor vehicle operations with the Department of
Transportation.
``(2) The Secretary shall require motor carriers and motor
private carriers domiciled in foreign countries or owned or
controlled by nationals of foreign countries contiguous to the
United States to register with the Department of Transportation
when offering or providing transportation services within the
United States or between the United States and a foreign
country.
``(3) Department of transportation identification number.--
Upon receipt of a registration statement completed in
accordance with the requirements of this section, the Secretary
shall issue a Department of Transportation identification
number.
``(4) Regulations.--
``(A) The Secretary shall promulgate regulations to
implement the requirements of this section. Such
regulations shall become effective no later than 6
months after the date of enactment of the Act.
``(B) The information regarding financial
responsibility and agent for service of process shall
be submitted in formats to be prescribed by the
Secretary. Such information may be submitted either
electronically or non-electronically. Until the
Secretary prescribes such formats, the information
shall continue to be submitted on forms authorized by
the Interstate Commerce Commission as of the date of
enactment of the Transportation Regulatory Streamlining
Act of 1995.
``(b) Compliance With Registration Requirements.--
``(1) No carrier required to file a registration statement
under subsection (a) may operate any commercial motor vehicle,
as defined in section 31132 of this title, in commerce unless
the carrier's operations are currently registered with the
Secretary and the carrier has a valid number issued by the
Secretary.
``(2) The Secretary may deny, revoke, or suspend a
carrier's operations, as provided for in this section, because
of noncompliance with the motor carrier safety fitness
standards, required levels of financial responsibility, or any
restrictions or conditions imposed pursuant to section 31181,
as determined by the Secretary.
``(c) Financial Responsibility of Carriers.--The Secretary may
issue a Department of Transportation identification number under this
section only if the carrier applying for such registration number files
with the Secretary proof of financial responsibility in an amount not
less than that prescribed by the Secretary pursuant to sections 31138
and 31139 of this title.
``(d) Filing Deadlines.--
``(1) Carriers that have valid operating authority from the
Interstate Commerce Commission as of the date of enactment need
not make a separate registration filing with the Department but
shall be considered to have validly registered with the
Department.
``(2) Any carrier that does not currently have operating
authority from the Interstate Commerce Commission and is
required to file a registration statement under subsection (a)
of this section shall file its registration statement with the
Department within 90 days of the effective date of the
regulations issued pursuant to this section or prior to
initiating operations described in subsection (a).
``(3) A carrier's registration shall remain in effect for
the 5-year term without any additional filing or renewal as
long as the carrier continues to provide transportation in
interstate commerce and continues to meet its financial
responsibility requirements.
``(4) A carrier shall file or have filed for it, notice of
any change in the status of its financial responsibility
requirements.
``(e) Fee System.--The Secretary is authorized to establish a fee
system for filing registration statements and evidence of financial
responsibility, pursuant to section 9701 of title 31, United States
Code. Fees collected under this subsection shall equal as nearly as
possible the costs of operating the registration system in the fiscal
year, except--
``(1) the fee for registering a motor carrier pursuant to
this section shall not exceed $300; and
``(2) the fee for filing evidence of financial
responsibility pursuant to this section shall not exceed $10
per filing.
No fee shall be charged for the filing of agents for service of process
or the filing of other information relating to financial
responsibility. Fees collected under this subsection may be credited to
the Department of Transportation appropriation account charged in
proportion to the amount expended from the account for these purposes,
and shall be available for expenditure until expended.
``(f) Limitations.--The Secretary shall have no authority to
require any registration filing from any motor private carrier or from
any carrier providing transportation described in section 10526 of this
title as in effect on July 1, 1995, unless such carrier also provides
transportation that would have been subject to section 10521 of this
title as in effect on July 1, 1995.''.
(b) The index for subchapter III of chapter 311 is amended by
adding at the end thereof the following:
``31148. Registration''.
Sec. 456. (a) The Secretary of Transportation shall conduct a study
to determine whether the filing requirements of section 11149 of title
49 should be continued, terminated, or should be revised or amended in
any other manner. The study shall be submitted by the Secretary to
Congress within 2 years after the date of enactment of this Act. In
conducting the study and making his recommendations to Congress, the
Secretary shall consider the benefits of such filing requirements to
the public and the cost and burden of such requirements to motor
carriers, insurance companies, and the United States government, and
shall consult with each group.
(b) Unless extended by Congress, the requirements of Sections 11140
and 11149 of title 49, United States Code, shall terminate 3 years
after the date of enactment of this Act.
TITLE V--AMENDMENTS TO OTHER LAWS
Sec. 501. Section 401 of the Federal Election Campaign Act of 1971
(2 U.S.C. 451) is amended by--
(1) striking ``Interstate Commerce Commission,'' and
inserting ``United States Transportation Board,''; and
(2) striking ``promulgate, within ninety days after the
date of enactment of this Act,'' and inserting ``maintain''.
Sec. 502. Section 201 of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1291) is amended by--
(1) striking ``Interstate Commerce Commission'' and
inserting ``United States Transportation Board'' each place it
appears;
(2) striking ``Commission'', wherever it appears and
inserting ``Board''; and
(3) striking ``Commission's'' in subsection (b) and
inserting ``Board's''.
Sec. 503. Section 15(a) of the Animal Welfare Act (7 U.S.C.
2145(a)) is amended by striking ``Interstate Commerce Commission'' and
inserting ``United States Transportation Board''.
Sec. 504. Section 1164 of title 11, United States Code, is amended
by striking ``Commission'' and inserting ``United States Transportation
Board''.
Sec. 505. Section 1170 of title 11, United States Code, is amended
by--
(1) striking ``Commission'' the first time it appears in
subsection (b) and inserting ``United States Transportation
Board''; and
(2) striking ``Commission'' wherever else it appears and
inserting ``Board''.
Sec. 506. Section 1172 of title 11, United States Code, is amended
by--
(1) striking ``Commission'' the first time it appears in
subsection (b) and inserting ``United States Transportation
Board''; and
(2) striking ``Commission'' wherever else it appears and
inserting ``Board''.
Sec. 507. The Clayton Act (15 U.S.C. 12 et seq.) is amended by--
(1) striking ``Interstate Commerce Commission'' in the last
sentence of section 7 (15 U.S.C. 18) and inserting ``United
States Transportation Board'';
(2) inserting a comma and ``Board,'' after ``such
Commission'' in the last sentence of that section;
(3) striking ``Interstate Commerce Commission'' in the
first sentence of section 11(a) (15 U.S.C. 21) and inserting
``United States Transportation Board''; and
(4) striking ``Interstate Commerce Commission'' in section
16 (15 U.S.C. 26) and inserting ``United States Transportation
Board''.
Sec. 508. The Consumer Credit Protection Act (15 U.S.C. 1601 et
seq.) is amended by--
(1) striking ``Interstate Commerce Commission'' in section
621(b)(4) (15 U.S.C. 1681s) and inserting ``United States
Transportation Board'';
(2) inserting a comma and ``and part B of subtitle IV of
title 49, United States Code, by the Secretary of
Transportation with respect to any common carrier subject to
such part;'' in section 621(b)(4) (15 U.S.C. 1681s) after
``those Acts'';
(3) striking ``Interstate Commerce Commission'' in section
704(a)(4) (15 U.S.C. 1691c) and inserting ``United States
Transportation Board'';
(4) inserting a comma and ``and part B of subtitle IV of
title 49, United States Code, by the Secretary of
Transportation with respect to any common carrier subject to
such part'' in section 704(a)(4) (15 U.S.C. 1691c) after
``those Acts'';
(5) striking ``Interstate Commerce Commission'' in section
814(b)(4) (15 U.S.C. 1692l) and inserting ``United States
Transportation Board''; and
(6) inserting a comma and ``and part B of subtitle IV of
title 49, United States Code, by the Secretary of
Transportation with respect to any common carrier subject to
such part'' in section 814(b)(4) (15 U.S.C. 1692l) after
``those Acts''.
Sec. 509. The National Trails System Act (16 U.S.C. 1241 et seq.)
is amended by--
(1) striking ``Interstate Commerce Commission'' in the
first sentence of section 8(d) (16 U.S.C. 1247(d)) and
inserting ``United States Transportation Board'';
(2) striking ``Commission'' in the last sentence of section
8(d) (16 U.S.C. 1247(d)) and inserting ``United States
Transportation Board''; and
(3) striking ``Interstate Commerce Commission'' in section
9(b) (16 U.S.C. 1248(d)) and inserting ``United States
Transportation Board''.
Sec. 510. Section 6001 of title 18, United States Code, is amended
by striking ``Interstate Commerce Commission'' in subsection (1) and
inserting ``United States Transportation Board''.
Sec. 511. Section 3231 of the Internal Revenue Code of 1986 (26
U.S.C. 3231) is amended by--
(1) striking ``Interstate Commerce Commission'' in
subsection (a) and inserting ``United States Transportation
Board''; and
(2) striking subsection (g) and inserting the following:
``(g) Carrier.--For purposes of this chapter, the term `carrier'
means a rail carrier providing transportation subject to chapter 105 of
title 49, United States Code.''.
Sec. 512. Section 7701(a) of the Internal Revenue Code of 1986 (26
U.S.C. 7701(a)) is amended by--
(1) striking ``Federal Power Commission'' in paragraph
(33)(B) and inserting ``Federal Energy Regulatory Commission'';
(2) striking ``Interstate Commerce Commission'' in
paragraph (33)(C)(i) and inserting ``United States
Transportation Board'';
(3) striking ``Interstate Commerce Commission'' in
paragraph (33)(C)(ii) with ``Federal Energy Regulatory
Commission'';
(4) striking ``Interstate Commerce Commission under
subchapter III of chapter 105'' in paragraph (33)(F) and
inserting ``Secretary of Transportation under subchapter II of
chapter 135'';
(5) striking ``subchapter I of'' in paragraph (33)(G); and
(6) striking ``subchapter I of'' in the first sentence of
paragraph (33)(H).
Sec. 513. The heading of chapter 157 of part VI of title 28, United
States Code, is amended by striking ``INTERSTATE COMMERCE COMMISSION''
and inserting ``UNITED STATES TRANSPORTATION BOARD''.
Sec. 514. Section 2321 of title 28, United States Code, is amended
by--
(1) striking ``Commission's'' in the section caption and
inserting ``United States Transportation Board's''; and
(2) striking ``Interstate Commerce Commission'' in
subsections (a) and (b) and inserting ``United States
Transportation Board''.
Sec. 515. Section 2323 of title 28, United States Code, is amended
by--
(1) striking ``Interstate Commerce Commission'' and
inserting ``United States Transportation Board''; and
(2) striking ``Commission'', wherever it appears, and
inserting ``Board''.
Sec. 516. Section 2341 of title 28, United States Code, is amended
by--
(1) striking ``Interstate Commerce Commission'' in
paragraph (3)(A);
(2) striking ``and'' in paragraph (3)(C);
(3) striking ``Act.'' in paragraph (3)(D) and inserting
``Act; and''; and
(4) inserting after paragraph (3)(D) the following:
``(E) the Board, when the order was entered by the
United States Transportation Board.''.
Sec. 517. Section 2342 of title 28, United States Code, is amended
by--
(1) inserting ``or pursuant to part B of subtitle IV of
title 49, United States Code'' at the end of paragraph (3)(A);
and
(2) striking paragraph (5) and inserting the following:
``(5) all rules, regulations, or final orders of the United
States Transportation Board made reviewable by section 2321 of
this title; and''.
Sec. 518. Section 401(b) of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1841(b)) is amended by--
(1) striking ``part II of the Interstate Commerce Act (49
U.S.C. 301 et seq.), or any successor provision of'' in
paragraph (2)(C) and inserting ``part B of''; and
(2) striking ``part II of the Interstate Commerce Act (49
U.S.C. 301 et seq.), and any successor provision of'' in
paragraph (3) and inserting ``part B of''.
Sec. 519. Section 5005 of title 39, United States Code, is amended
by striking ``Interstate Commerce Commission'' in subsection (b)(3) and
inserting ``United States Transportation Board''.
Sec. 520. Section 5203 of title 39, United States Code, is amended
by--
(1) striking subsection (f) and redesignating subsection
(g) as subsection (f); and
(2) striking ``Commission'' in subsection (f), as
redesignated, and inserting ``United States Transportation
Board''.
Sec. 521. Section 5207 of title 39, United States Code, is amended
by--
(1) striking ``Interstate Commerce Commission'', in both
the section caption and subsection (a), and inserting ``United
States Transportation Board''; and
(2) striking ``Commission'' wherever it appears and
inserting ``Board''.
Sec. 522. Section 5208 of title 39, United States Code, is amended
by--
(1) striking ``Commission's'' in subsection (a) and
inserting ``Board's''; and
(2) striking ``Commission'' wherever it appears and
inserting ``Board''.
Sec. 523. The index for chapter 52 of title 39, United States Code,
is amended by striking out the items relating to section 5207 and
inserting in lieu thereof the following:
``5207. United States Transportation Board to fix rates.''
Sec. 524. Section 1340 of the Energy Policy Act of 1992 (42 U.S.C.
13369) is amended by striking ``Interstate Commerce Commission'' in
subsections (a) and (d) and inserting ``United States Transportation
Board''.
Sec. 525. Section 151 of the Railway Labor Act (45 U.S.C. 151) is
amended by--
(1) striking ``any express company, sleeping-car company,
carrier by railroad, subject to'' in the first paragraph and
inserting ``any railroad subject to'';
(2) striking ``Interstate Commerce Commission'' in the
first and fifth paragraphs and inserting ``United States
Transportation Board''; and
(3) striking ``Commission'', wherever it appears in the
fifth paragraph and inserting ``United States Transportation
Board''.
Sec. 526. Section 1 of the Railroad Retirement Act of 1974 (45
U.S.C. 231) is amended by--
(1) striking subsection (a)(1)(i) and inserting:
``(i) any carrier by railroad subject to chapter 105 of
title 49, United States Code;'';
(2) striking ``Interstate Commerce Commission'' in
subsection (a)(2)(ii) and inserting ``United States
Transportation Board'';
(3) striking ``Board,'' in subsection (a)(2)(ii) and
inserting ``Railroad Retirement Board,''; and
(4) striking ``Interstate Commerce Commission'' in the
first sentence of subsection (o) and inserting ``United States
Transportation Board''.
Sec. 527. Section 1 of the Railroad Unemployment Insurance Act (45
U.S.C. 351) is amended by--
(1) striking ``Interstate Commerce Commission'' in the
second sentence of paragraph (a) and inserting ``United States
Transportation Board'';
(2) striking ``Board,'' in the second sentence of paragraph
(a) and inserting ``Railroad Retirement Board,''; and
(3) striking paragraph (b) and inserting the following:
``(b) The term `carrier' means a carrier by railroad subject to
chapter 105 of title 49, United States Code.''.
Sec. 528. Section 2(h)(3) of the Railroad Unemployment Insurance
Act (45 U.S.C. 352(h)(3)) is amended by--
(1) striking ``Interstate Commerce Commission'' and
inserting ``United States Transportation Board''; and
(2) striking ``Board,'' and inserting ``Railroad Retirement
Board,''.
Sec. 529. Section 3 of the Emergency Rail Services Act of 1970 (45
U.S.C. 662) is amended by striking ``Commission'', wherever it appears
in subsections (a) and (b), and inserting ``United States
Transportation Board''.
Sec. 530. Section 304 of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 744) is amended by--
(1) striking ``Commission'' in subsection (d)(1)(A) and
inserting ``United States Transportation Board''; and
(2) striking ``Commission'' wherever else it appears in
paragraph (1) or (3) of subsection (d), and in subsections (f)
and (g), and inserting ``Board''.
Sec. 531. Section 305 of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 745) is amended by--
(1) striking ``or the Association'' and ``or the
Association, as the case may be,'' in the first sentence of
subsection (a);
(2) striking the second sentence of subsection (a);
(3) striking the third sentence of subsection (a) and
inserting ``A proposal shall state and describe any
transactions proposed, the rail properties involved, the
parties to such transactions, the financial and other terms of
such transactions, and the purposes of the chapter or the goals
of the final system plan intended to be effectuated by such
transactions.'';
(4) striking the last sentence of subsection (a) and
inserting ``Upon the development of a proposal, the Secretary
shall publish a summary of such proposal in the Federal
Register, and shall afford interested persons (including the
Corporation when property is to be transferred to or from the
Corporation) an opportunity to comment thereon.'';
(5) striking ``Association'' wherever it appears in
subsection (b) and inserting ``Secretary'';
(6) striking ``Commission'', in the subsection caption and
first sentence of subsection (c) and inserting ``United States
Transportation Board'';
(7) striking ``Commission'' wherever else it appears in
subsection (c) and inserting ``Board'';
(8) striking ``Association'' wherever it appears in the
first sentence of subsection (d)(1) and inserting
``Secretary'';
(9) striking ``Commission's'' in the first and last
sentences of subsection (d)(1) and inserting ``Board's'';
(10) striking the second sentence of subsection (d)(1);
(11) striking ``the Association (in the case of a proposal
developed by the Association) or'' and ``(in the case of a
proposal developed by the Secretary)'' in the third sentence of
subsection (d)(2);
(12) striking ``either the Association or'' in subsection
(d)(3);
(13) striking ``evaluation by the Association, the
Secretary, or the Commission'' in the first sentence of
subsection (d)(5) and inserting ``the Secretary or the Board'';
and
(14) striking ``Association'' wherever it appears in
subsection (e) and inserting ``Secretary''.
Sec. 532. Section 608 of the Alaska Railroad Transfer Act of 1982
(45 U.S.C. 1207) is amended by striking ``Interstate Commerce
Commission'' wherever it appears in subsections (a) and (c) and
inserting ``United States Transportation Board''.
Sec. 533. Section 8 of Merchant Marine Act, 1920 (46 U.S.C. App.
867) is amended by--
(1) striking ``Interstate Commerce Commission'' in both
places that it appears and inserting ``United States
Transportation Board''; and
(2) striking ``commission'' and inserting ``board''.
Sec. 534. Section 28 of the Merchant Marine Act, 1920 (46 U.S.C.
App. 884) is amended by--
(1) striking ``Interstate Commerce Commission'' where it
first appears and inserting ``United States Transportation
Board''; and
(2) striking ``Interstate Commerce Commission'' wherever
else it appears and inserting ``Board''.
Sec. 535. Section 356(3) of the Service Contract Act of 1965 (41
U.S.C. 356(3)), is amended by striking ``where published tariff rates
are in effect''.
Sec. 536. Section 601(a) of the Federal Aviation Administration
Authorization Act of 1994 (Pub. L. 103-305) is amended by striking all
after ``January 1, 1995.'' and inserting ``Except as provided by
paragraphs (2) and (3) and subsection (g)(2)'' after ``(3)''.
Sec. 537. The Administrator of the General Services Administration
shall assign space and facilities in the vicinity of the offices of the
United States Transportation Board for the use of the national
organization of the State and Federal agencies engaged in the
regulation of carriers and utilities. The Board shall pay the rent for
such space and facilities at rates determined in accordance with
section 210(j) of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 490(j)).
TITLE VI--TERMINATION OF THE INTERSTATE COMMERCE COMMISSION
SEC. 601. AGENCY TERMINATION.
Upon the transfer of functions, as specified herein, to the United
States Transportation Board and to the Secretary of Transportation, the
Interstate Commerce Commission shall terminate.
SEC. 602. SAVINGS PROVISIONS.
(a) All orders, determinations, rules, regulations, licenses, and
privileges which are in effect at the time this Act takes effect, shall
continue in effect according to their terms, insofar as they involve
regulatory functions to be retained by this Act, until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the Board (to the extent involving the rail or pipeline carrier
industries or undercharge or overcharge claims for motor carrier
transportation) or by the Secretary (to the extent involving the motor
carrier, water carrier, broker, or freight forwarder industries, but
not involving solely undercharge or overcharge claims for motor carrier
transportation), or by a court of competent jurisdiction, or by
operation of law.
(b)(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 promulgate
regulations providing for the orderly transfer of pending proceedings
from the Interstate Commerce Commission.
(c) Except as provided in subsection (e)--
(1) the provisions of this Act shall not affect suits
commenced prior to the date this Act takes effect, and,
(2) in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect as
if this Act had not been enacted.
(d) No suit, action, or other proceeding commenced by or against
any officer in his official capacity as an officer of the Interstate
Commerce Commission, insofar as those functions are transferred by this
Act, shall abate by reason of the enactment of this Act. No cause of
action by or against the Interstate Commerce Commission, insofar as
functions are transferred by this Act, or by or against any officer
thereof in his official capacity, shall abate by reason of enactment of
this Act.
(e) Any suit by or against the Interstate Commerce Commission begun
before enactment of this Act shall be continued, insofar as it involves
a function retained and transferred under this Act, with the Board (to
the extent the suit involves the rail or pipeline carrier industries,
or involves undercharge or overcharge claims for motor carrier
transportation) or the Secretary (to the extent the suit involves the
motor carrier, water carrier, broker, or freight forwarder industries,
but does not involve solely undercharge or overcharge claims for motor
carrier transportation) substituted for the Commission.
SEC. 603. REFERENCE.
With respect to any functions transferred by this Act and exercised
after the effective date of the Transportation Regulatory Streamlining
Act of 1995, reference in any other Federal law to the Interstate
Commerce Commission shall be deemed to refer to (1) the United States
Transportation Board insofar as it involves functions transferred to
the Board by this Act and (2) the Secretary of Transportation insofar
as it involves functions transferred to the Secretary by this Act.
SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out the provisions of this Act, there
are authorized to be appropriated--
(1) for the closedown of the ICC building, $1,920,000,
(2) for severance costs for ICC personnel, $4,573,400,
(3) for the operations of ICC for the remainder of FY1995
and FY1996, $8,395,000, and
(4) for the operations of the Board for FY1996,
$12,307,000.
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