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        under statutes that are outdated and should be revised to 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.
                                 <all>

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